Acts and resolutions of the General Assembly of the state of Georgia 1976 [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 19760000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1976 19760000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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Compiler's Note To speed publication, the Acts and Resolutions of the 1976 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 1746. The proposed amendments to the Constitution, were grouped together beginning at page 1748 of Volume One and are followed by a complete index. This volume is bound separately. Local and Special Acts and Resolutions were grouped in one volume beginning on page 2501. 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 4514. These were filed in the office of the Secretary of State during 1975 and 1976. Home Rule Actions by Counties filed in the office of Secretary of State during 1975 and 1976 are printed in Volume Two beginning on page 4486. Except for the index contained in Volume I, there are no intervening pages between 1931 and 2501. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible, and this is followed by a regular alphabetical index. ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1976 GENERAL APPROPRIATIONS ACT AMENDED. No. 757 (House Bill No. 1227). 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), as amended by an Act approved July 3, 1975 (Ga. L. 1975, Ex. Sess., p. 1734), 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), as amended by an Act approved July 3, 1975 (Ga. L. 1975, Ex. Sess., p. 1734), is hereby amended by striking the revenue estimate

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figure of $1,745,000,000 for fiscal year 1976 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $1,688,000,000 for fiscal year 1976, and by striking the following: PART I. LEGISLATIVE BRANCH and sections 1 through 52, and inserting in lieu thereof the following: PART I . LEGISLATIVE BRANCH Section 1. Legislative Branch . Budget Unit: Legislative Branch $ 7,509,061 1. Operations $ 7,334,061 Total Funds Budgeted $ 7,334,061 State Funds Budgeted $ 7,334,061 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 $ 7,334,061 Election Blanks and Other Election Expenses $ 175,000 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 the operation of the Georgia Educational Improvement Council; 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 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 $ 2,366,273 1. Operations $ 2,026,273 Total Funds Budgeted $ 2,026,273 State Funds Budgeted $ 2,026,273 2. Tax Ratio Study $ 340,000 Total Funds Budgeted $ 340,000 State Funds Budgeted $ 340,000 Budget Unit Object Classes: Operations $ 2,026,273 Tax Ratio Study $ 340,000 PART II . JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 1,077,000 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. 478-481. Section 4. Superior Courts . Budget Unit: Superior Courts $ 7,274,603 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, 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 $ 1,223,266 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 $ 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 $ 18,845,458 1. Georgia Building Authority Budget: Direct Payments to Authority for Operations $ 1,017,918 Capital Outlay $ 223,000 State of Georgia General Obligation Debt Sinking Fund $ 240,000 Authority Lease Rentals $ 2,812,753 Total Funds Budgeted $ 4,293,671 State Funds Budgeted $ 4,293,671 Total Positions Budgeted 0 2. Departmental Administration Budget: Personal Services $ 513,180 Regular Operating Expenses $ 45,549 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,300 Equipment Purchases $ 1,000 Per Diem and Fees $ 4,500 Computer Charges $ 2,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 576,529 State Funds Budgeted $ 572,029 Total Positions Budgeted 36 3. Fiscal Administration Budget: Personal Services $ 331,836 Regular Operating Expenses $ 29,503 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,000 Equipment Purchases $ 1,750 Per Diem and Fees $ 0 Computer Charges $ 1,643,656 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,017,745 State Funds Budgeted $ 2,017,745 Total Positions Budgeted 24 4. Self-Insurance Administration Budget: Personal Services $ 224,175 Regular Operating Expenses $ 12,471 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,500 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 1,000 Other Contractual Expense $ 0 Workmen's Compensation $ 1,156,780 Total Funds Budgeted $ 1,417,426 State Funds Budgeted $ 1,385,026 Total Positions Budgeted 17 5. Procurement Administration Budget: Personal Services $ 684,130 Regular Operating Expenses $ 85,118 Travel $ 6,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 18,836 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 794,084 State Funds Budgeted $ 794,084 Total Positions Budgeted 53 6. General Services Administration Budget: Personal Services $ 81,385 Regular Operating Expenses $ 5,860 Travel $ 900 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 $ 88,145 State Funds Budgeted $ 88,145 Total Positions Budgeted 7 7. Property Management Administration Budget: Personal Services $ 119,835 Regular Operating Expenses $ 187,653 Travel $ 1,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 0 Per Diem and Fees $ 900 Computer Charges $ 10,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 319,888 State Funds Budgeted $ 155,479 Total Positions Budgeted 9 8. Data Processing Services Budget: Personal Services $ 8,265,181 Regular Operating Expenses $ 1,922,521 Travel $ 25,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 38,500 Equipment Purchases $ 67,963 Per Diem and Fees $ 1,060,000 Computer Charges $ 150,000 Rents and Maintenance Expenses $ 7,794,381 Other Contractual Expense $ 0 Total Funds Budgeted $ 19,323,546 State Funds Budgeted $ 8,370,000 Total Positions Budgeted 650 9. Motor Pool Services Budget: Personal Services $ 190,899 Regular Operating Expenses $ 393,396 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 155,000 Publications and Printing $ 1,000 Equipment Purchases $ 15,500 Per Diem and Fees $ 0 Computer Charges $ 1,800 Other Contractual Expense $ 0 Total Funds Budgeted $ 759,095 State Funds Budgeted $ 14,500 Total Positions Budgeted 19 10. Communication Services Budget: Personal Services $ 1,262,556 Regular Operating Expenses $ 316,311 Travel $ 10,617 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 44,001 Equipment Purchases $ 35,000 Per Diem and Fees $ 7,000 Computer Charges $ 40,000 Other Contractual Expense $ 0 Telephone Billings $ 12,700,000 Total Funds Budgeted $ 14,415,485 State Funds Budgeted $ 1,000,000 Total Positions Budgeted 104 11. Printing Services Budget: Personal Services $ 849,570 Regular Operating Expenses $ 969,549 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 41,000 Equipment Purchases $ 94,000 Per Diem and Fees $ 0 Computer Charges $ 5,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,966,119 State Funds Budgeted $ 0 Total Positions Budgeted 75 12. Central Supply Services Budget: Personal Services $ 87,718 Regular Operating Expenses $ 515,021 Travel $ 1,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,000 Equipment Purchases $ 4,000 Per Diem and Fees $ 1,275 Computer Charges $ 2,500 Other Contractual Expense $ 0 Total Funds Budgeted $ 616,514 State Funds Budgeted $ 0 Total Positions Budgeted 9 13. State Properties Commission Budget: Personal Services $ 61,065 Regular Operating Expenses $ 28,500 Travel $ 3,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 13,705 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 109,270 State Funds Budgeted $ 109,270 Total Positions Budgeted 4 14. Volunteer Services Budget: Personal Services $ 40,748 Regular Operating Expenses $ 5,611 Travel $ 2,550 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,150 Equipment Purchases $ 0 Per Diem and Fees $ 3,800 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 57,859 State Funds Budgeted $ 45,509 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 12,712,278 Regular Operating Expenses $ 4,517,063 Travel $ 89,567 Motor Vehicle Equipment Purchases $ 155,000 Publications and Printing $ 168,787 Equipment Purchases $ 220,713 Per Diem and Fees $ 1,091,180 Computer Charges $ 1,855,956 Other Contractual Expense $ 0 Rents and Maintenance Expense $ 7,794,381 Workmen's Compensation $ 1,156,780 Direct Payments to Authority for Operations $ 1,017,918 Capital Outlay $ 223,000 State of Georgia General Obligation Debt Sinking Fund $ 240,000 Authority Lease Rentals $ 2,812,753 Telephone Billings $ 12,700,000 Section 11. Department of Agriculture . Budget Unit: Department of Agriculture $ 15,062,369 1. Plant Industry Budget: Personal Services $ 2,071,403 Regular Operating Expenses $ 154,340 Travel $ 89,500 Motor Vehicle Equipment Purchases $ 32,000 Publications and Printing $ 24,400 Equipment Purchases $ 22,520 Per Diem and Fees $ 1,400 Computer Charges $ 0 Other Contractual Expense $ 0 Fire Ant Eradication $ 1,165,000 Total Funds Budgeted $ 3,560,563 State Funds Budgeted $ 3,278,586 Total Positions Budgeted 181 2. Animal Industry Budget: Personal Services $ 623,983 Regular Operating Expenses $ 86,182 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 $ 477,675 Veterinary Fees $ 475,000 Paultry Research Contract with Georgia Institute of Technology $ 181,420 Contract with University of Georgia to Study Asiatic New Castle Disease $ 120,625 Indemnities $ 100,000 Total Funds Budgeted $ 2,655,248 State Funds Budgeted $ 2,647,248 Total Positions Budgeted 52 3. Marketing Budget: Personal Services $ 1,080,554 Regular Operating Expenses $ 217,204 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 $ 94,100 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Total Funds Budgeted $ 2,432,258 State Funds Budgeted $ 2,209,828 Total Positions Budgeted 98 4. General Agricultural Field Forces Budget: Personal Services $ 1,291,756 Regular Operating Expenses $ 67,685 Travel $ 161,400 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 $ 1,566,766 State Funds Budgeted $ 1,566,766 Total Positions Budgeted 131 5. Internal Administration Budget: Personal Services $ 699,062 Regular Operating Expenses $ 77,486 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 $ 930,104 State Funds Budgeted $ 913,104 Total Positions Budgeted 50 6. Information and Education Budget: Personal Services $ 121,039 Regular Operating Expenses $ 273,676 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publication and Printing $ 300,000 Equipment Purchases $ 3,800 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 700,015 State Funds Budgeted $ 700,015 Total Positions Budgeted 11 7. Fuel and Measures Standards Budget: Personal Services $ 650,404 Regular Operating Expenses $ 94,905 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 $ 821,609 State Funds Budgeted $ 821,609 Total Positions Budgeted 60 8. Consumer Protection Budget: Personal Services $ 531,032 Regular Operating Expenses $ 41,279 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 $ 603,611 State Funds Budgeted $ 603,611 Total Positions Budgeted 39 9. Consumer Protection Field Forces Budget: Personal Services $ 1,282,881 Regular Operating Expenses $ 68,852 Travel $ 113,600 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 $ 1,519,833 State Funds Budgeted $ 1,341,833 Total Positions Budgeted 104 10. Meat Inspection Budget: Personal Services $ 1,704,440 Regular Operating Expenses $ 42,709 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 $ 1,954,489 State Funds Budgeted $ 794,489 Total Positions Budgeted 145 11. Georgia Agrirama Development Authority Budget: Payments to Agrirama Authority for Operations $ 185,280 Total Funds Budgeted $ 185,280 State Funds Budgeted $ 185,280 Budget Unit Object Classes: Personal Services $ 10,056,554 Regular Operating Expenses $ 1,124,318 Travel $ 671,900 Motor Vehicle Equipment Purchases $ 138,000 Publications and Printing $ 385,525 Equipment Purchases $ 56,123 Per Diem and Fees $ 41,100 Computer Charges $ 115,156 Other Contractual Expense $ 126,100 Fire Ant Eradication $ 1,165,000 Athens Veterinary Laboratory Contract $ 208,000 Tifton Veterinary Laboratory Contract $ 322,000 Poultry Improvement Contract $ 477,675 Veterinary Fees $ 475,000 Poultry Research Contract with Georgia Institute of Technology $ 181,420 Contract with University of Georgia to Study Asiatic New Castle Disease $ 120,625 Indemnities $ 100,000 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Payments to Agrirama Authority for Operations $ 185,280 Provided, that of the above appropriation relative to Regular Operating Expenses, $35,000 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 $ 1,602,775 1. Administration Budget: Personal Services $ 309,318 Regular Operating Expenses $ 62,727 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 20,843 Per Diem and Fees $ 3,000 Computer Charges $ 9,919 Other Contractual Expense $ 0 Total Funds Budgeted $ 422,807 State Funds Budgeted $ 422,807 Total Positions Budgeted 20 2. Examination Budget: Personal Services $ 934,326 Regular Operating Expenses $ 9,400 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 $ 1,179,968 State Funds Budgeted $ 1,179,968 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services $ 1,243,644 Regular Operating Expenses $ 72,127 Travel $ 234,285 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 27,800 Per Diem and Fees $ 3,000 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 $ 13,525,473.46 1. Industry Budget: Personal Services $ 243,266 Regular Operating Expenses $ 17,099 Travel $ 35,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 500 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 299,865 State Funds Budgeted $ 299,865 Total Positions Budgeted 15 2. Research Budget: Personal Services $ 217,245 Regular Operating Expenses $ 48,793 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 1,240 Per Diem and Fees $ 32,800 Computer Charges $ 14,465 Other Contractual Expense $ 0 Total Funds Budgeted $ 321,543 State Funds Budgeted $ 272,543 Total Positions Budgeted 17 3. Tourism Budget: Personal Services $ 600,878 Regular Operating Expenses $ 288,511 Travel $ 27,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 300 Equipment Purchases $ 3,100 Per Diem and Fees $ 50,000 Computer Charges $ 4,000 Other Contractual Expense $ 0 Capital Outlay $ 0 Local Welcome Center Contracts $ 75,230 Total Funds Budgeted $ 1,049,019 State Funds Budgeted $ 1,049,019 Total Positions Budgeted 70 4. Internal Administration Budget: Personal Services $ 466,530 Regular Operating Expenses $ 296,561 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 30,450 Equipment Purchases $ 1,300 Per Diem and Fees $ 15,934 Computer Charges $ 2,000 Other Contractual Expense $ 0 Promotional Parade Floats $ 28,000 Direct Payments for World Congress Center Operations $ 150,000 Total Funds Budgeted $ 1,010,775 State Funds Budgeted $ 953,824 Total Positions Budgeted 32 5. International Budget: Personal Services $ 107,217 Regular Operating Expenses $ 53,966 Travel $ 27,853 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,050 Equipment Purchases $ 400 Per Diem and Fees $ 131,950 Computer Charges $ 4,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 326,436 State Funds Budgeted $ 326,436 Total Positions Budgeted 7 6. Advertising Budget: Advertising $ 723,750 Total Funds Budgeted $ 723,750 State Funds Budgeted $ 723,750 Total Positions Budgeted 0 7. Ports Authority Budget: Authority Lease Rentals $ 2,790,000 State of Georgia General Obligation Debt Sinking Fund $ 4,216,558.46 Total Funds Budgeted $ 7,006,558.46 State Funds Budgeted $ 7,006,558.46 Total Positions Budgeted 0 8. World Congress Center: State of Georgia General Obligation Debt Sinking Fund $ 2,893,478 Total Funds Budgeted $ 2,893,478 State Funds Budgeted $ 2,893,478 Budget Unit Object Classes: Personal Services $ 1,635,136.00 Regular Operating Expenses $ 704,930.00 Travel $ 109,853.00 Motor Vehicle Equipment Purchases $ 5,000.00 Publications and Printing $ 35,800.00 Equipment Purchases $ 6,540.00 Per Diem and Fees $ 232,684.00 Computer Charges $ 24,465.00 Other Contractual Expense $ 0 Capital Outlay $ 0 Local Welcome Center Contracts $ 75,230.00 Advertising $ 723,750.00 Promotional Parade Floats $ 28,000.00 Authority Lease Rentals $ 2,790,000.00 State of Georgia General Obligation Debt Sinking Fund $ 7,110,036.46 Direct Payments for World Congress Center Operations $ 150,000.00 Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $4,216,558.46 is specifically appropriated for the purpose of financing repairs and construction, purchasing equipment 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. B. Budget Unit: Community Affairs $ 2,563,892 1. Executive Office and Administrative Support: Personal Services $ 53,584 Regular Operating Expenses $ 2,000 Travel $ 3,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 2,916 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 207,000 Total Funds Budgeted $ 269,500 State Funds Budgeted $ 269,500 Total Positions Budgeted 3 2. Area Development: Personal Services $ 172,481 Regular Operating Expenses $ 13,852 Travel $ 4,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 1,475 Per Diem and Fees $ 32,542 Computer Charges $ 0 Other Contractual Expense $ 0 Grants to Area Planning and Development Commissions $ 1,161,100 HUD 701 Planning Grants $ 1,466,366 Total Funds Budgeted $ 2,854,566 State Funds Budgeted $ 1,225,917 Total Positions Budgeted 11 3. Local Development: Personal Services $ 217,159 Regular Operating Expenses $ 26,081 Travel $ 16,628 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,412 Equipment Purchases $ 6,906 Per Diem and Fees $ 1,350 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 274,536 State Funds Budgeted $ 56,000 Total Positions Budgeted 17 4. State Crime Commission Planning and Grant Administration: Personal Services $ 506,215 Regular Operating Expenses $ 70,910 Travel $ 17,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,750 Equipment Purchases $ 1,000 Per Diem and Fees $ 16,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 620,475 State Funds Budgeted $ 62,048 Total Positions Budgeted 35 5. Crime Statistics Center Data Budget: Personal Services $ 66,011 Regular Operating Expenses $ 9,313 Travel $ 3,972 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,760 Equipment Purchases $ 0 Per Diem and Fees $ 3,674 Computer Charges $ 14,156 Other Contractual Expense $ 0 Total Funds Budgeted $ 105,886 State Funds Budgeted $ 0 Total Positions Budgeted 4 6. Georgia Organized Crime Prevention Council Budget: Personal Services $ 34,270 Regular Operating Expenses $ 5,910 Travel $ 700 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 750 Equipment Purchases $ 0 Per Diem and Fees $ 1,700 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 43,330 State Funds Budgeted $ 4,333 Total Positions Budgeted 2 7. Impact Cities: Personal Services $ 25,102 Regular Operating Expenses $ 237 Travel $ 54 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 $ 25,393 State Funds Budgeted $ 0 Total Positions Budgeted 1 8. Juvenile Justice Program: Personal Services $ 32,698 Regular Operating Expenses $ 2,914 Travel $ 1,111 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 250 Equipment Purchases $ 1,425 Per Diem and Fees $ 3,600 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 41,998 State Funds Budgeted $ 0 Total Positions Budgeted 3 9. LEAA Grants Budget: LEAA Impact Cities $ 194,267 LEAA ActionLocal $ 14,590,320 LEAA ActionState $ 9,595,254 LEAA State Buy-In $ 1,600,801 LEAA Discretionary $ 862,963 LEAA Planning $ 830,319 Total Funds Budgeted $ 27,673,924 State Funds Budgeted $ 946,094 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 1,107,520 Regular Operating Expenses $ 131,217 Travel $ 47,815 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 27,922 Equipment Purchases $ 13,722 Per Diem and Fees $ 58,866 Computer Charges $ 14,156 Other Contractual Expenses $ 207,000 Grants to Area Planning and Development Commissions $ 1,161,100 HUD 701 Planning Grants $ 1,466,366 LEAA Action Local $ 14,590,320 LEAA Action State $ 9,595,254 LEAA State Buy-In $ 1,600,801 LEAA Discretionary $ 862,963 LEAA Planning $ 830,319 LEAA Impact Cities $ 194,267 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 $ 3,126,567 1. Internal Administration Budget: Personal Services $ 288,934 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 $ 377,789 State Funds Budgeted $ 377,789 Total Positions Budgeted 19 2. Insurance Regulation Budget: Personal Services $ 495,114 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 $ 595,014 State Funds Budgeted $ 595,014 Total Positions Budgeted 40 3. Industrial Loans Regulation Budget: Personal Services $ 207,801 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 $ 297,437 State Funds Budgeted $ 297,437 Total Positions Budgeted 15 4. Information and Enforcement Budget: Personal Services $ 347,459 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 $ 416,859 State Funds Budgeted $ 416,859 Total Positions Budgeted 32 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,082,897 Regular Operating Expenses $ 88,721 Travel $ 125,200 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 $ 1,470,468 State Funds Budgeted $ 1,439,468 Total Positions Budgeted 97 Budget Unit Object Classes: Personal Services $ 2,422,205 Regular Operating Expenses $ 226,812 Travel $ 175,500 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 Section 15. Department of Defense . Budget Unit: Department of Defense $ 1,567,788 1. Administration and Support of State Militia Budget: Personal Services $ 535,023 Regular Operating Expenses $ 96,200 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 0 Per Diem and Fees $ 7,000 Computer Charges $ 0 Other Contractual Expense $ 0 National Guard Units Grants $ 198,000 Georgia Military Institute Grant $ 15,500 Civil Air Patrol Contract $ 19,000 Total Funds Budgeted $ 899,723 State Funds Budgeted $ 899,723 Total Positions Budgeted 36 2. Civil Defense Budget: Personal Services $ 451,358 Regular Operating Expenses $ 71,033 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,800 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 542,191 State Funds Budgeted $ 295,880 Total Positions Budgeted 33 3. Armory Maintenance and Repair Budget: Personal Services $ 57,800 Regular Operating Expenses $ 101,007 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 $ 166,807 State Funds Budgeted $ 166,807 Total Positions Budgeted 5 4. Disaster Preparedness and Recovery Budget: Personal Services $ 147,740 Regular Operating Expenses $ 8,371 Travel $ 18,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,900 Equipment Purchases $ 3,500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 24,576 Total Funds Budgeted $ 210,587 State Funds Budgeted $ 0 Total Positions Budgeted 10 5. Service Contracts Budget: Personal Services $ 1,143,707 Regular Operating Expenses $ 145,599 Travel $ 4,000 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 $ 1,293,806 State Funds Budgeted $ 205,378 Total Positions Budgeted 118 Budget Unit Object Classes: Personal Services $ 2,335,628 Regular Operating Expenses $ 422,210 Travel $ 43,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 38,700 Equipment Purchases $ 9,000 Per Diem and Fees $ 7,000 Computer Charges $ 0 Other Contractual Expense $ 24,576 National Guard Units Grants $ 198,000 Georgia Military Institute Grant $ 15,500 Civil Air Patrol Contract $ 19,000 Provided, however, that of the above appropriation, $19,000 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.

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Section 16. State Board of EducationDepartment of Education . A. Budget Unit: Department of Education $ 639,370,039 1. General Education Budget: Personal Services $ 795,226 Regular Operating Expenses $ 87,292 Travel $ 47,762 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 49,686 Equipment Purchases $ 5,200 Per Diem and Fees $ 49,287 Computer Charges $ 0 Other Contractual Expense $ 170,500 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 298,269,272 Salaries of Student Supportive Personnel (Sec. 20(a)) $ 11,457,288 Salaries of Administrative and Supervisory Personnel (Sec. 21(a)) $ 39,861,977 Instructional Equipment (Sec. 14) $ 450,717 Maintenance and Operation (Sec. 15) $ 47,777,511 Sick and Personal Leave (Sec. 16) $ 2,559,510 Travel (Sec. 17) $ 510,143 Isolated Schools $ 57,760 Non-APEG Grants: Teacher Retirement $ 31,462,911 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) $ 712,212 Total Funds Budgeted $ 450,390,059 State Funds Budgeted $ 448,977,672 Total Positions Budgeted 40 2. Pre-School Education: Personal Services $ 108,190 Regular Operating Expenses $ 11,718 Travel $ 11,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,986 Equipment Purchases $ 250 Per Diem and Fees $ 600 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grant: Selective Pre-School Development $ 5,933,012 Non-APEG Grant: Education of Children of Low-Income Families $ 13,950 Total Funds Budgeted $ 6,083,306 State Funds Budgeted $ 6,068,173 Total Positions Budgeted 7 3. Regular Vocational Education Budget: Personal Services $ 1,743,576 Regular Operating Expenses $ 120,290 Travel $ 145,707 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 $ 137,778 Grants: High School Program $ 12,921,620 Teacher Retirement $ 1,700,433 Teacher Training and Research $ 1,159,810 Adult Education $ 2,492,196 Area Vocational Technical Schools $ 27,697,934 Area Vocational Technical SchoolsConstruction $ 225,000 Manpower Development and Training $ 30,000 Comprehensive Employment and Training $ 4,659,049 Total Funds Budgeted $ 53,074,154 State Funds Budgeted $ 32,445,600 Total Positions Budgeted 105 4. Special Education Budget: Personal Services $ 405,989 Regular Operating Expenses $ 40,969 Travel $ 36,406 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,335 Equipment Purchases 3,125 Per Diem and Fees $ 4,632 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grants: Salaries of Instructional Personnel (Sec. 5) $ 36,297,761 Maintenance and Operation (Sec. 15) $ 5,997,233 Sick and Personal Leave (Sec. 16) $ 321,280 Travel-Special (Sec. 17) $ 73,278 Special Education Leadership Personnel (Sec. 21 (c) (2)) $ 283,219 Pupil Transportation (Sec. 25) $ 1,965,571 Non-APEG Grants: Instructional Services for the Handicapped $ 2,424,524 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 $ 5,092,773 Teacher Retirement $ 3,268,876 Total Funds Budgeted $ 57,151,425 State Funds Budgeted $ 54,378,329 Total Positions Budgeted 27 5. Compensatory Education Budget: Personal Services $ 316,439 Regular Operating Expenses $ 30,978 Travel $ 18,093 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,500 Equipment Purchases $ 306 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Education of Children of Low-Income Families $ 46,821,203 Total Funds Budgeted $ 47,190,519 State Funds Budgeted $ 45,511 Total Positions Budgeted 23 6. Instructional Materials Budget: Personal Services $ 111,669 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) $ 9,986,738 Non-APEG Grants: School Library Resources and Other Materials $ 1,815,832 Strengthening Instruction in Critical Subjects $ 802,676 Total Funds Budgeted $ 12,804,290 State Funds Budgeted $ 10,046,747 Total Positions Budgeted 9 7. Educational Media Budget: Personal Services $ 2,167,104 Regular Operating Expenses $ 1,458,011 Travel $ 58,649 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 136,192 Equipment Purchases $ 57,672 Per Diem and Fees $ 135,267 Computer Charges $ 0 Other Contractual Expense $ 51,154 Authority Lease Rentals $ 333,204 Capital Outlay $ 300,000 Grants: Summer Library Supervisory Program $ 62,830 Educational Television $ 56,186 Total Funds Budgeted $ 4,816,269 State Funds Budgeted $ 4,119,269 Total Positions Budgeted 178 8. Student Services Budget: Personal Services $ 241,387 Regular Operating Expenses $ 22,982 Travel $ 15,240 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,100 Equipment Purchases $ 0 Per Diem and Fees $ 819 Computer Charges $ 0 Other Contractual Expense $ 9,790 Grants: Psychological Services $ 48,000 Guidance, Counselling and Testing $ 200,000 Total Funds Budgeted $ 540,318 State Funds Budgeted $ 501,736 Total Positions Budgeted 15 9. Ancillary Services Budget: Personal Services $ 686,762 Regular Operating Expenses $ 66,777 Travel $ 53,656 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 14,145 Equipment Purchases $ 2,075 Per Diem and Fees $ 7,500 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grant: Pupil Transportation (Sec. 25) $ 29,232,401 Non-APEG Grant: School Lunch $ 78,525,798 Grants to School Systems for Capital Outlay Purposes $ 1,400,000 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 Direct Grants to School Systems for Capital Outlay Purposes $ 634,243 Total Funds Budgeted $ 141,989,114 State Funds Budgeted $ 72,002,330 Total Positions Budgeted 42 10. Statewide Leadership Budget: Personal Services $ 560,330 Regular Operating Expenses $ 36,979 Travel $ 46,091 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,400 Equipment Purchases $ 1,375 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 648,175 State Funds Budgeted $ 600,412 Total Positions Budgeted 33 11. Financial Services Budget: Personal Services $ 255,725 Regular Operating Expenses $ 21,240 Travel $ 21,866 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,328 Equipment Purchases $ 948 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 313,107 State Funds Budgeted $ 217,201 Total Positions Budgeted 16 12. Program and Staff Development Budget: Personal Services $ 757,699 Regular Operating Expenses $ 44,837 Travel $ 28,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 16,735 Equipment Purchases $ 4,074 Per Diem and Fees $ 11,758 Computer Charges $ 0 Other Contractual Expense $ 669,114 Grants: Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,504,951 Staff Development $ 490,000 Total Funds Budgeted $ 4,672,368 State Funds Budgeted $ 1,890,379 Total Positions Budgeted 57 13. Public Library Services Budget: Personal Services $ 571,972 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 $ 1,845,868 Talking Book Centers $ 160,000 Public Library Maintenance and Operations $ 848,922 Teacher Retirement $ 209,064 Public Library Construction $ 0 Total Funds Budgeted $ 6,375,015 State Funds Budgeted $ 6,115,014 Total Positions Budgeted 52 14. Staff Services Budget: Personal Services $ 1,520,284 Regular Operating Expenses $ 268,185 Travel $ 34,837 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 62,880 Equipment Purchases $ 13,095 Per Diem and Fees $ 1,107 Computer Charges $ 555,585 Other Contractual Expense $ 19,853 Grants: Supplementary Education Centers and Services $ 240,489 Total Funds Budgeted $ 2,716,315 Indirect Computer Funding $ 340,000 Agency Funds $ 783,526 State Funds Budgeted $ 1,592,789 Total Positions Budgeted 105 15. State Board and State Superintendent Budget: Personal Services $ 216,811 Regular Operating Expenses $ 37,591 Travel $ 14,267 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 14,500 Equipment Purchases $ 2,000 Per Diem and Fees $ 58,500 Computer Charges $ 0 Other Contractual Expense $ 111,508 Total Funds Budgeted $ 455,177 State Funds Budgeted $ 271,574 Total Positions Budgeted 11 16. Surplus Property Budget: Personal Services $ 392,409 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 $ 575,440 State Funds Budgeted $ 0 Total Positions Budgeted 37 17. U.S.D.A. Food Distribution Budget: Personal Services $ 118,867 Regular Operating Expenses $ 9,392 Travel $ 15,504 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 $ 144,513 State Funds Budgeted $ 97,303 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 10,970,439 Regular Operating Expenses $ 2,684,898 Travel $ 579,269 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 389,416 Equipment Purchases $ 144,273 Per Diem and Fees $ 286,770 Computer Charges $ 555,585 Other Contractual Expense $ 1,169,697 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 298,269,272 Salaries of Instructional Personnel (Sec. 5) $ 36,297,761 Salaries of Student Supportive Personnel (Sec. 20(a)) $ 11,457,288 Salaries of Administrative and Supervisory Personnel (Sec. 21(a)) $ 39,861,977 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 283,219 Instructional Materials and Media (Sec. 13) $ 9,986,738 Instructional Equipment (Sec. 14) $ 450,717 Maintenance and Operation (Sec. 15) $ 53,774,744 Sick and Personal Leave (Sec. 16) $ 2,880,790 Travel (Sec. 17) $ 510,143 TravelSpecial (Sec. 17) $ 73,278 Pupil Transportation (Sec. 25) $ 31,197,972 Isolated Schools $ 57,760 Selective Pre-School Development $ 5,933,012 Non-APEG Grants: Teacher Retirement $ 36,641,284 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 $ 47,547,365 High School Program $ 12,921,620 Teacher Training and Research $ 1,159,810 Adult Education $ 2,492,196 Area Vocational-Technical Schools $ 27,697,934 Area Vocational-Technical Schools-Construction $ 225,000 Manpower Development and Training $ 30,000 Comprehensive Employment and Training $ 4,659,049 Instructional Services for the Handicapped $ 2,424,524 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 $ 5,092,773 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 $ 78,525,798 Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,745,440 Staff Development $ 490,000 Salaries and Travel of Public Librarians $ 2,458,976 Public Library Materials $ 1,845,868 Talking Book Centers $ 160,000 Public Library Maintenance and Operations $ 848,922 Public Library Construction $ 0 Grants to School Systems for Capital Outlay Purposes $ 1,400,000 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 $ 634,243 Capital Outlay $ 300,000 B. Budget Unit: Institutions $ 8,318,623 1. North Georgia Vocational-Technical School Budget: Personal Services $ 1,320,067 Regular Operating Expenses $ 395,329 Travel $ 14,975 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,275 Equipment Purchases $ 67,089 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 54,750 Total Funds Budgeted $ 1,856,485 State Funds Budgeted $ 1,256,503 Total Positions Budgeted 98 2. South Georgia Vocational-Technical School Budget: Personal Services $ 1,132,541 Regular Operating Expenses $ 292,356 Travel $ 14,950 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,800 Equipment Purchases $ 97,645 Per Diem and Fees $ 4,154 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 50,000 Authority Lease Rentals $ 49,315 Total Funds Budgeted $ 1,644,761 State Funds Budgeted $ 1,097,773 Total Positions Budgeted 89 3. Georgia Academy for the Blind Budget: Personal Services $ 1,324,832 Regular Operating Expenses $ 249,675 Travel $ 6,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,390 Equipment Purchases $ 29,402 Per Diem and Fees $ 4,100 Computer Charges $ 0 Other Contractual Expense $ 16,222 Capital Outlay $ 0 Total Funds Budgeted $ 1,633,121 State Funds Budgeted $ 1,368,906 Total Positions Budgeted 150 4. Georgia School for the Deaf Budget: Personal Services $ 2,414,450 Regular Operating Expenses $ 534,131 Travel $ 4,400 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 0 Equipment Purchases $ 24,650 Per Diem and Fees $ 500 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 199,165 Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 3,204,696 State Funds Budgeted $ 2,875,858 Total Positions Budgeted 282 5. Atlanta Area School for the Deaf Budget: Personal Services $ 758,950 Regular Operating Expenses $ 192,052 Travel $ 3,640 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 68,994 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 89,400 Capital Outlay $ 0 Total Funds Budgeted $ 1,116,036 State Funds Budgeted $ 1,040,291 Total Positions Budgeted 70 6. Alto Education and Evaluation Center Budget: Personal Services $ 766,876 Regular Operating Expenses $ 145,204 Travel $ 10,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,560 Equipment Purchases $ 10,850 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 934,890 State Funds Budgeted $ 679,292 Total Positions Budgeted 54 Budget Unit Object Classes: Personal Services $ 7,717,716 Regular Operating Expenses $ 1,808,747 Travel $ 54,865 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 13,025 Equipment Purchases $ 298,630 Per Diem and Fees $ 10,754 Computer Charges $ 0 Other Contractual Expense $ 105,622 Capital Outlay $ 249,165 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 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. 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 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 not to exceed $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, $1,400,000 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 in sections 20 and 21 of the Adequate Program for Education Act, as it relates to earnings of non-teaching certificated personnel which was 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 hardships 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 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 Grants for the Severely Emotionally Disturbed, $1,014,485 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 Section 18. Forestry Commission . Budget Unit: Forestry Commission $ 8,964,084 1. Reforestation Budget: Personal Services $ 382,378 Regular Operating Expenses $ 279,080 Travel $ 1,347 Motor Vehicle Equipment Purchases $ 3,600 Publications and Printing $ 426 Equipment Purchases $ 21,410 Per Diem and Fees $ 35,000 Computer Charges $ 10,053 Other Contractual Expense $ 0 Total Funds Budgeted $ 733,294 State Funds Budgeted $ 230,083 Total Positions Budgeted 28 2. State Forests Budget: Personal Services $ 69,112 Regular Operating Expenses $ 19,915 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 $ 8,389,534 Regular Operating Expenses $ 1,860,398 Travel $ 70,634 Motor Vehicle Equipment Purchases $ 848,544 Publications and Printing $ 12,995 Equipment Purchases $ 117,996 Per Diem and Fees $ 14,660 Computer Charges $ 18,431 Other Contractual Expense $ 0 Total Funds Budgeted $ 11,333,192 State Funds Budgeted $ 8,235,840 Total Positions Budgeted 799 4. General Administration and Support Budget: Personal Services $ 402,823 Regular Operating Expenses $ 71,169 Travel $ 10,012 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,136 Equipment Purchases $ 2,855 Per Diem and Fees $ 2,500 Computer Charges $ 55,294 Other Contractual Expense $ 0 Total Funds Budgeted $ 557,789 State Funds Budgeted $ 498,161 Total Positions Budgeted 25 Budget Unit Object Classes: Personal Services $ 9,243,847 Regular Operating Expenses $ 2,230,562 Travel $ 82,077 Motor Vehicle Equipment Purchases $ 852,144 Publications and Printing $ 26,645 Equipment Purchases $ 143,111 Per Diem and Fees $ 52,160 Computer Charges $ 83,778 Other Contractual Expense $ 0 Ware County Grant $ 60,000 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 $ 583,393 Forest Research Council Budget: Personal Services $ 95,554 Regular Operating Expenses $ 31,233 Travel $ 3,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 0 Per Diem and Fees $ 500 Computer Charges $ 0 Other Contractual Expense $ 538,170 Total Funds Budgeted $ 693,957 State Funds Budgeted $ 583,393 Total Positions Budgeted 7 Budget Unit Object Classes: Personal Services $ 95,554 Regular Operating Expenses $ 31,233 Travel $ 3,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 0 Per Diem and Fees $ 500 Computer Charges $ 0 Other Contractual Expense $ 538,170 Section 20. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 7,254,465 1. General Administration Budget: Personal Services $ 359,299 Regular Operating Expenses $ 85,269 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,650 Equipment Purchases $ 3,500 Per Diem and Fees $ 4,000 Computer Charges $ 5,200 Other Contractual Expense $ 1,646 Total Funds Budgeted $ 466,564 State Funds Budgeted $ 466,564 Total Positions Budgeted 27 2. Operations Budget: Personal Services $ 2,714,822 Regular Operating Expenses $ 400,136 Travel $ 183,069 Motor Vehicle Equipment Purchases $ 179,366 Publications and Printing $ 3,500 Equipment Purchases $ 32,887 Per Diem and Fees $ 10,500 Computer Charges $ 1,000 Other Contractual Expense $ 0 Evidence Purchased $ 98,000 Total Funds Budgeted $ 3,623,280 State Funds Budgeted $ 3,315,534 Total Positions Budgeted 169 3. Crime Laboratory Budget: Personal Services $ 1,132,595 Regular Operating Expenses $ 324,816 Travel $ 19,500 Motor Vehicle Equipment Purchases $ 17,500 Publications and Printing $ 4,862 Equipment Purchases $ 103,124 Per Diem and Fees $ 344 Computer Charges $ 91,033 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,693,774 State Funds Budgeted $ 1,430,579 Total Positions Budgeted 80 4. Georgia Crime Information Center Budget: Personal Services $ 1,222,390 Regular Operating Expenses $ 453,922 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 151,016 Equipment Purchases $ 31,590 Per Diem and Fees $ 2,500 Computer Charges $ 1,032,001 Other Contractual Expense $ 40,584 Total Funds Budgeted $ 2,945,003 State Funds Budgeted $ 2,041,788 Total Positions Budgeted 120 Budget Unit Object Classes: Personal Services $ 5,429,106 Regular Operating Expenses $ 1,264,143 Travel $ 217,569 Motor Vehicle Equipment Purchases $ 196,866 Publications and Printing $ 163,028 Equipment Purchases $ 171,101 Per Diem and Fees $ 17,344 Computer Charges $ 1,129,234 Other Contractual Expense $ 42,230 Evidence Purchase $ 98,000 Section 21. Georgia Motor Vehicle Commission . Budget Unit: Georgia Motor Vehicle Commission $ 52,029 Georgia Motor Vehicle Commission Budget: Personal Services $ 26,239 Regular Operating Expenses $ 11,180 Travel $ 500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,110 Equipment Purchases $ 1,000 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 52,029 State Funds Budgeted $ 52,029 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 26,239 Regular Operating Expenses $ 11,180 Travel $ 500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,110 Equipment Purchases $ 1,000 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0

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Section 22. Georgia State Financing and Investment Commission . Budget Unit: Georgia State Financing and Investment Commission $ 250,000 Departmental Operations Budget: Personal Services $ 765,592 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 $ 71,700 Revolving Fund for Construction Planning $ 250,000 Total Funds Budgeted $ 1,518,292 State Funds Budgeted $ 250,000 Total Positions Budgeted 44 Budget Unit Object Classes: Personal Services $ 765,592 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 $ 71,700 Revolving Fund for Construction Planning $ 250,000 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, 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 $ 2,782,980 Cost of Operations $ 844,380 Mansion Allowance $ 38,600 Governor's Emergency Fund $ 1,900,000 Gubernatorial Transition Allowance $ 0 Total Funds Budgeted $ 2,782,980 State Funds Budgeted $ 2,782,980 Budget Unit Object Classes: Cost of Operations $ 844,380 Mansion Allowance $ 38,600 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. B. Budget Unit: Office of Planning and Budget $ 2,577,233 1. General Administration and Support Budget: Personal Services $ 280,691 Regular Operating Expenses $ 26,819 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,950 Equipment Purchases $ 1,500 Per Diem and Fees $ 37,500 Computer Charges $ 5,600 Other Contractual Expense $ 153,230 Payments to Regional Commissions $ 175,500 Total Funds Budgeted $ 690,790 State Funds Budgeted $ 677,790 Total Positions Budgeted 18 2. Council of the Arts Budget: Personal Services $ 44,261 Regular Operating Expenses $ 5,923 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 $ 346,649 Total Funds Budgeted $ 402,495 State Funds Budgeted $ 152,846 Total Positions Budgeted 3 3. Budget Division Budget: Personal Services $ 313,376 Regular Operating Expenses $ 14,379 Travel $ 8,000 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 $ 350,005 State Funds Budgeted $ 237,005 Total Positions Budgeted 16 4. Intergovernmental Relations Budget: Personal Services $ 287,474 Regular Operating Expenses $ 25,148 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 $ 338,722 State Funds Budgeted $ 313,722 Total Positions Budgeted 19 5. Management Review Budget: Personal Services $ 279,143 Regular Operating Expenses $ 10,980 Travel $ 4,000 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 $ 296,373 State Funds Budgeted $ 246,373 Total Positions Budgeted 15 6. Policy Planning Budget: Personal Services $ 501,232 Regular Operating Expenses $ 23,178 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 29,800 Computer Charges $ 20,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 599,210 State Funds Budgeted $ 365,210 Total Positions Budgeted 30 7. Office of Consumer Affairs: Personal Services $ 329,761 Regular Operating Expenses $ 90,254 Travel $ 10,830 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,250 Equipment Purchases $ 0 Per Diem and Fees $ 4,120 Computer Charges $ 62,000 Other Contractual Expense $ 2,500 Total Funds Budgeted $ 507,715 Indirect Communications Funding $ 85,650 State Funds Budgeted $ 297,065 Total Positions Budgeted 49 8. State Energy Office Budget: Personal Services $ 161,213 Regular Operating Expenses $ 20,933 Travel $ 5,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 195,346 State Funds Budgeted $ 145,346 Total Positions Budgeted 12 9. Georgia Post-Secondary Education Commission Budget: Personal Services $ 71,000 Regular Operating Expenses $ 11,207 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 525 Per Diem and Fees $ 1,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 86,732 State Funds Budgeted $ 43,425 Total Positions Budgeted 4 10. Intern Program Budget: Personal Services $ 67,007 Regular Operating Expenses $ 2,875 Travel $ 1,269 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 300 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Intern Stipends $ 25,000 Total Funds Budgeted $ 98,451 State Funds Budgeted $ 98,451 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 2,335,158 Regular Operating Expenses $ 231,696 Travel $ 78,005 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 47,506 Equipment Purchases $ 8,575 Per Diem and Fees $ 73,920 Computer Charges $ 88,100 Other Contractual Expense $ 155,730 Art Grants $ 346,649 Payments to Regional Commissions $ 175,500 Intern Stipends $ 25,000 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 $ 240,198,027.38 1. General Administration and Support Budget: Personal Services $ 7,660,224 Regular Operating Expenses $ 1,465,031 Travel $ 231,926 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 52,266 Equipment Purchases $ 22,623 Per Diem and Fees $ 59,759 Computer Charges $ 1,396,258 Other Contractual Expense $ 81,300 Capital Outlay $ 120,500 State of Georgia General Obligation Debt Sinking Fund $ 149,223 Total Funds Budgeted $ 11,239,110 Indirect Computer Funding $ 1,286,300 Indirect Communications Funding $ 188,350 Agency Funds $ 4,635,466 State Funds Budgeted $ 5,128,994 Total Positions Budgeted 586 2. Special Programs: Personal Services $ 654,636 Regular Operating Expenses $ 104,838 Travel $ 70,381 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 11,187 Equipment Purchases $ 0 Per Diem and Fees $ 11,974 Computer Charges $ 10,000 Other Contractual Expense $ 31,823 Total Funds Budgeted $ 894,839 Indirect Communications Funding $ 13,910 Agency Funds $ 363,782 State Funds Budgeted $ 517,147 Total Positions Budgeted 34 3. Physical HealthProgram Direction and Support Budget: Personal Services $ 1,294,389 Regular Operating Expenses $ 158,931 Travel $ 26,950 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 23,900 Equipment Purchases $ 2,500 Per Diem and Fees $ 200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,506,870 Indirect Communications Funding $ 73,530 Agency Funds $ 15,502 State Funds Budgeted $ 1,417,838 Total Positions Budgeted 91 4. Physical HealthFamily Health Budget: Personal Services $ 4,027,753 Regular Operating Expenses $ 1,057,315 Travel $ 337,114 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 52,093 Equipment Purchases $ 24,170 Per Diem and Fees $ 519,054 Computer Charges $ 110,000 Other Contractual Expense $ 1,007,822 Regional Grants for Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,034,626 Kidney Disease Benefits $ 300,000 Cancer Control Benefits $ 459,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Maternal Health/Family Planning Benefits $ 4,081,228 Total Funds Budgeted $ 15,260,175 Indirect Computer Funding $ 89,300 Indirect Communications Funding $ 41,060 Agency Funds $ 6,652,793 State Funds Budgeted $ 8,477,022 Total Positions Budgeted 372 5. Physical HealthCommunity Health Budget: Personal Services $ 5,039,150 Regular Operating Expenses $ 941,473 Travel $ 262,981 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 54,711 Equipment Purchases $ 5,900 Per Diem and Fees $ 139,418 Computer Charges $ 25,000 Other Contractual Expense $ 268,991 Facilities Construction Grants $ 0 Total Funds Budgeted $ 6,737,624 Indirect Communications Funding $ 17,650 Agency Funds $ 1,712,894 State Funds Budgeted $ 5,007,080 Total Positions Budgeted 353 6. Physical HealthLocal Services Budget: Personal Services $ 5,289,978 Regular Operating Expenses $ 428,826 Travel $ 412,458 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,360 Equipment Purchases $ 30,304 Per Diem and Fees $ 147,004 Computer Charges $ 0 Other Contractual Expense $ 312,328 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 $ 15,844,335 Indirect Communications Funding $ 53,200 Agency Funds $ 3,366,539 State Funds Budgeted $ 12,424,596 Total Positions Budgeted 357 7. Mental HealthProgram Direction and Support Budget: Personal Services $ 957,593 Regular Operating Expenses $ 80,519 Travel $ 85,347 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,800 Equipment Purchases $ 0 Per Diem and Fees $ 11,100 Computer Charges $ 100,000 Other Contractual Expense $ 414,500 Total Funds Budgeted $ 1,657,859 Indirect Computer Funding $ 81,190 Indirect Communications Funding $ 22,370 Agency Funds $ 452,578 State Funds Budgeted $ 1,101,721 Total Positions Budgeted 55 8. Drug Abuse Prevention and Abatement Budget: Personal Services $ 1,444,509 Regular Operating Expenses $ 256,526 Travel $ 54,497 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 10,644 Equipment Purchases $ 4,500 Per Diem and Fees $ 86,720 Computer Charges $ 100,000 Other Contractual Expense $ 2,426,938 Total Funds Budgeted $ 4,384,334 Indirect Computer Funding $ 81,190 Agency Funds $ 3,234,624 State Funds Budgeted $ 1,068,520 Total Positions Budgeted 122 9. Mental HealthLocal Services Budget: Personal Services $ 212,608 Regular Operating Expenses $ 3,020 Travel $ 16,309 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 400 Equipment Purchases $ 0 Per Diem and Fees $ 100 Computer Charges $ 0 Other Contractual Expense $ 140,500 Benefits for Family Living Care $ 975,000 Contracts with Day Care Centers for the Mentally Retarded $ 23,434,216 Grants for Alcoholism Community Treatment Programs $ 2,221,425 Grants for Child Mental Health $ 949,669 Grants for Adult Mental Health $ 3,581,037 Foster Grandparent Program and Group Homes for the Mentally Retarded $ 1,700,617 Total Funds Budgeted $ 33,234,901 Indirect Communications Funding $ 12,670 Agency Funds $ 15,297,388 State Funds Budgeted $ 17,924,843 Total Positions Budgeted 21 10. Community Social Services and Administration: Personal Services $ 3,842,215 Regular Operating Expenses $ 372,966 Travel $ 285,756 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 75,605 Equipment Purchases $ 26,624 Per Diem and Fees $ 7,000 Computer Charges $ 579,000 Other Contractual Expense $ 127,345 Total Funds Budgeted $ 5,316,511 Indirect Computer Funds $ 201,100 Indirect Communications Funding $ 55,865 Agency Funds $ 3,925,321 State Funds Budgeted $ 1,134,225 Total Positions Budgeted 264 11. Purchase of Social Services: Personal Services $ 0 Regular Operating Expenses $ 200,000 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 $ 28,104,000 W.I.N. Benefits $ 2,673,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 6,717,938 Georgia Indigent Legal Services Contract $ 1,025,412 Total Funds Budgeted $ 38,850,350 Agency Funds $ 33,442,315 State Funds Budgeted $ 5,408,035 Total Positions Budgeted 0 12. Community Youth Services: Personal Services $ 3,281,183 Regular Operating Expenses $ 429,105 Travel $ 236,025 Motor Vehicle Equipment Purchases $ 4,112 Publications and Printing $ 2,500 Equipment Purchases $ 12,500 Per Diem and Fees $ 950 Computer Charges $ 0 Other Contractual Expense $ 450 Total Funds Budgeted $ 3,966,825 Indirect Communications Funding $ 82,640 Agency Funds $ 1,571,101 State Funds Budgeted $ 2,313,084 Total Positions Budgeted 341 13. Services to the Aged Budget: Personal Services $ 412,080 Regular Operating Expenses $ 66,395 Travel $ 26,074 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,200 Equipment Purchases $ 3,278 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 $ 4,452,341 Indirect Communications Funding $ 11,240 Agency Funds $ 3,990,941 State Funds Budgeted $ 450,160 Total Positions Budgeted 24 14. Vocational RehabilitationProgram Direction and Support Budget: Personal Services $ 549,147 Regular Operating Expenses $ 77,445 Travel $ 30,847 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,500 Equipment Purchases $ 1,700 Per Diem and Fees $ 25,285 Computer Charges $ 225,000 Other Contractual Expense $ 55,995 Grants for Nephrology Centers $ 185,000 Total Funds Budgeted $ 1,158,919 Indirect Computer Funding $ 182,680 Indirect Communications Funding $ 24,855 Agency Funds $ 852,174 State Funds Budgeted $ 99,210 Total Positions Budgeted 35 15. Vocational RehabilitationFacilities Budget: Personal Services $ 8,082,708 Regular Operating Expenses $ 4,307,671 Travel $ 140,037 Motor Vehicle Equipment Purchases $ 45,588 Publications and Printing $ 4,005 Equipment Purchases $ 224,213 Per Diem and Fees $ 147,134 Computer Charges $ 0 Other Contractual Expense $ 455,150 Capital Outlay $ 0 Total Funds Budgeted $ 13,406,506 Indirect Communications Funding $ 82,560 Agency Funds $ 11,942,019 State Funds Budgeted $ 1,381,927 Total Positions Budgeted 698 16. Vocational RehabilitationServices Budget: Personal Services $ 11,891,642 Regular Operating Expenses $ 17,104,794 Travel $ 529,477 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,715 Equipment Purchases $ 154,238 Per Diem and Fees $ 224,824 Computer Charges $ 0 Other Contractual Expense $ 12,000 Total Funds Budgeted $ 29,923,690 Indirect Communications Funding $ 234,450 Agency Funds $ 25,593,022 State Funds Budgeted $ 4,096,218 Total Positions Budgeted 1,020 17. Medicaid Services Budget: Personal Services $ 1,318,679.00 Regular Operating Expenses $ 434,424.00 Travel $ 10,000.00 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 43,270.00 Equipment Purchases $ 1,000.00 Per Diem and Fees $ 1,600.00 Computer Charges $ 1,920,000.00 Other Contractual Expense $ 365,269.00 Medicaid Benefits $ 295,381,377.00 Reserve for Prior Year Medicaid Liability $ 50,236,376.48 Payments to Counties for Adult Mental Health $ 1,091,482.00 Payments to Counties for Child Mental Health $ 147,500.00 Payments to Counties for Alcoholism $ 354,000.00 Contracts for Hospital Audits $ 140,000.00 Contract with Delta Dental Plan of Georgia $ 400,000.00 Contract with Georgia Medical Care Foundation $ 980,000.00 Contracts for Nursing Home and Dental Audits $ 1,056,006.00 Total Funds Budgeted $ 353,880,983.48 Indirect Computer Funding $ 1,542,390.00 Agency Funds $ 236,616,325.10 State Funds Budgeted $ 115,722,268.38 Total Positions Budgeted 123 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 $ 560,000 Other Contractual Expense $ 530,000 Cuban Refugees Benefits $ 100,000 SSISupplement Benefits $ 2,850,000 AFDC Benefits $ 128,055,195 Total Funds Budgeted $ 132,095,195 Indirect Computer Funding $ 535,850 Agency Funds $ 95,674,197 State Funds Budgeted $ 35,885,148 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 $ 26,878,545 Grants to Counties for Social Services $ 22,063,068 Total Funds Budgeted $ 48,941,613 Agency Funds $ 29,920,113 State Funds Budgeted $ 19,021,500 Total Positions Budgeted 0 20. Benefits PaymentsProgram Administration and Support Budget: Personal Services $ 2,353,609 Regular Operating Expenses $ 592,320 Travel $ 166,592 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 17,270 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 28,100 Total Funds Budgeted $ 3,157,891 Agency Funds $ 1,539,400 State Funds Budgeted $ 1,618,491 Total Positions Budgeted 170 Budget Unit Object Classes: Personal Services $ 58,312,103.00 Regular Operating Expenses $ 28,081,599.00 Travel $ 2,922,771.00 Motor Vehicle Equipment Purchases $ 49,700.00 Publications and Printing $ 363,156.00 Equipment Purchases $ 530,820.00 Per Diem and Fees $ 1,384,222.00 Computer Charges $ 5,025,258.00 Other Contractual Expense $ 34,367,047.00 Grants for Regional Prenatal and Postnatal Care Programs $ 150,000.00 Crippled Children Benefits $ 3,034,626.00 Kidney Disease Benefits $ 300,000.00 Cancer Control Benefits $ 459,000.00 Maternal Health/Family Planning Benefits $ 4,081,228.00 Facilities Construction Grants $ 0 Grants for DeKalb County Mental Retardation Project $ 97,300.00 Grants for Chatham County Mental Retardation Project $ 92,800.00 Grant-In-Aid to Counties $ 9,028,977.00 Benefits for Family Living Care $ 975,000.00 Contracts with Day Care Centers for the Mentally Retarded $ 23,434,216.00 Grants for Alcoholism Community Treatment Programs $ 2,221,425.00 Grants for Child Mental Health $ 949,669.00 Grants for Adult Mental Health $ 3,581,037.00 Foster Grandparent Program and Group Homes for the Mentally Retarded $ 1,700,617.00 Work Incentive Benefits $ 2,673,000.00 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000.00 Benefits for Child Care $ 6,717,938.00 Georgia Indigent Legal Services Contracts $ 1,025,412.00 Areawide and Community Grants $ 1,457,178.00 Nutrition Grants $ 2,476,500.00 Grants for Nephrology Centers $ 185,000.00 Medicaid Benefits $ 295,381,377.00 Reserve for Prior Year Medicaid Liability $ 50,236,376.48 Payments to Counties for Adult Mental Health $ 1,091,482.00 Payments to Counties for Child Mental Health $ 147,500.00 Payments to Counties for Alcoholism $ 354,000.00 Cuban Refugees Benefits $ 100,000.00 SSISupplement Benefits $ 2,850,000.00 AFDC Benefits $ 128,055,195.00 Local Services Benefits Payments Grants $ 26,878,545.00 Grants to Counties for Social Services $ 22,063,068.00 Capital Outlay $ 120,500.00 State of Georgia General Obligation Debt Sinking Fund $ 149,223.00 Contracts for Hospital Audits $ 140,000.00 Contract with Delta Dental Plan of Georgia $ 400,000.00 Contract with Georgia Medical Care Foundation $ 980,000.00 Contracts for Nursing Home and Dental Audits $ 1,056,006.00 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000.00 Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose. Provided, that of the above appropriation, $25,000 is designated and committed to establish a Hemophilia Program in the Metropolitan Atlanta Area and $50,845 is designated and committed to operate the Hemophilia Program in Augusta. Provided further the Department is authorized to utilize funds from other activities for the purpose of providing no more than 60 Homemakers and no more than 20 child abuse caseworkers. 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 RehabilitationFacilities 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 HealthLocal 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, $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 the Grants for Social Services authorized in HB-1EX of the 1975 Ex. Sess. will not be diminished in counties where AFDC rolls are increasing since September of 1975. Provided that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising. Provided that the Departmental contract with Georgia Indigent Legal Services, Inc., shall be terminated by June 30, 1976. Provided further that no more than $250,000 in State funds shall be applied toward any contracts with Georgia Indigent Legal Services, Inc., in Fiscal Year 1976. B. Budget Unit: Mental Health and Youth Development Institutions $ 127,317,681 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 4,697,611 Regular Operating Expenses $ 919,269 Travel $ 8,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,840 Equipment Purchases $ 5,000 Per Diem and Fees $ 72,000 Computer Charges $ 70,000 Other Contractual Expense $ 105,360 Authority Lease Rentals $ 387,000 Outpatient and Aftercare Drug Purchases $ 0 Total Funds Budgeted $ 6,267,580 State Funds Budgeted $ 5,792,580 Total Positions Budgeted 497 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 5,885,235 Regular Operating Expenses $ 1,445,350 Travel $ 9,994 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,517 Equipment Purchases $ 0 Per Diem and Fees $ 107,684 Computer Charges $ 75,049 Other Contractual Expense $ 13,867 Authority Lease Rentals $ 513,000 Outpatient and Aftercare Drug Purchases $ 0 Total Funds Budgeted $ 8,054,696 State Funds Budgeted $ 7,380,915 Total Positions Budgeted 637 3. Georgia Regional Hospital at Savannah Budget Personal Services $ 4,565,018 Regular Operating Expenses $ 833,392 Travel $ 27,723 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 23,612 Per Diem and Fees $ 67,790 Computer Charges $ 69,000 Other Contractual Expense $ 34,000 Authority Lease Rentals $ 500,000 Outpatient and Aftercare Drug Purchases $ 0 Total Funds Budgeted $ 6,120,535 State Funds Budgeted $ 5,621,239 Total Positions Budgeted 524 4. West Central Georgia Regional Hospital Budget: Personal Services $ 4,038,808 Regular Operating Expenses $ 773,379 Travel $ 17,778 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 400 Equipment Purchases $ 14,249 Per Diem and Fees $ 9,166 Computer Charges $ 65,000 Other Contractual Expense $ 0 Authority Lease Rentals $ 646,500 Outpatient and Aftercare Drug Purchases $ 0 Total Funds Budgeted $ 5,565,280 State Funds Budgeted $ 5,395,280 Total Positions Budgeted 502 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 5,762,033 Regular Operating Expenses $ 1,119,882 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 $ 2,400 Capital Outlay $ 100,000 Authority Lease Rentals $ 853,500 Outpatient and Aftercare Drug Purchases $ 0 Total Funds Budgeted $ 8,007,033 State Funds Budgeted $ 7,338,285 Total Positions Budgeted 712 6. Gracewood State School and Hospital Budget: Personal Services $ 13,271,753 Regular Operating Expenses $ 2,835,710 Travel $ 20,453 Motor Vehicle Equipment Purchases $ 13,684 Publications and Printing $ 1,702 Equipment Purchases $ 60,726 Per Diem and Fees $ 44,176 Computer Charges $ 71,000 Other Contractual Expense $ 136,483 Capital Outlay $ 0 Authority Lease Rentals $ 117,000 Total Funds Budgeted $ 16,572,687 State Funds Budgeted $ 11,940,462 Total Positions Budgeted 1,506 7. Southwestern State Hospital Budget: Personal Services $ 7,357,762 Regular Operating Expenses $ 1,485,708 Travel $ 34,476 Motor Vehicle Equipment Purchases $ 11,565 Publications and Printing $ 1,365 Equipment Purchases $ 60,694 Per Diem and Fees $ 42,846 Computer Charges $ 70,000 Other Contractual Expense $ 10,075 Capital Outlay $ 67,952 Outpatient and Aftercare Drug Purchases $ 0 Total Funds Budgeted $ 9,142,443 State Funds Budgeted $ 7,825,115 Total Positions Budgeted 818 8. Georgia Retardation Center Budget: Personal Services $ 9,839,838 Regular Operating Expenses $ 1,993,247 Travel $ 22,610 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,386 Equipment Purchases $ 18,634 Per Diem and Fees $ 48,917 Computer Charges $ 107,100 Other Contractual Expense $ 1,084,720 Capital Outlay $ 263,213 Authority Lease Rentals $ 794,000 Total Funds Budgeted $ 14,176,665 State Funds Budgeted $ 12,410,038 Total Positions Budgeted 1,051 9. Georgia Mental Health Institute Budget: Personal Services $ 7,414,763 Regular Operating Expenses $ 1,532,285 Travel $ 33,425 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,870 Equipment Purchases $ 25,347 Per Diem and Fees $ 48,289 Computer Charges $ 60,810 Other Contractual Expense $ 417,825 Authority Lease Rentals $ 450,000 Outpatient and Aftercare Drug Purchases $ 0 Total Funds Budgeted $ 9,986,614 State Funds Budgeted $ 9,277,893 Total Positions Budgeted 681 10. Central State Hospital Budget: Personal Services $ 42,003,691 Regular Operating Expenses $ 9,192,682 Travel $ 25,826 Motor Vehicle Equipment Purchases $ 1,000 Publications and Printing $ 322 Equipment Purchases $ 95,549 Per Diem and Fees $ 50,457 Computer Charges $ 354,351 Other Contractual Expense $ 87,105 Capital Outlay $ 0 Authority Lease Rentals $ 1,284,000 State of Georgia General Obligation Debt Sinking Fund $ 183,000 Outpatient and Aftercare Drug Purchases $ 750,000 Total Funds Budgeted $ 54,027,983 State Funds Budgeted $ 43,821,780 Total Positions Budgeted 4,701 11. State Youth Development Centers Budget: Personal Services $ 5,936,383 Regular Operating Expenses $ 1,337,841 Travel $ 10,124 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,050 Equipment Purchases $ 7,200 Per Diem and Fees $ 29,200 Computer Charges $ 8,000 Other Contractual Expense $ 10,375 Capital Outlay $ 53,500 Total Funds Budgeted $ 7,393,673 State Funds Budgeted $ 7,218,627 Total Positions Budgeted 636 12. Regional Youth Development Centers Budget: Personal Services $ 2,186,272 Regular Operating Expenses $ 673,785 Travel $ 12,348 Motor Vehicle Equipment Purchases $ 15,500 Publications and Printing $ 1,400 Equipment Purchases $ 27,000 Per Diem and Fees $ 50,358 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 0 Grants to County-Owned Detention Centers $ 369,000 Total Funds Budgeted $ 3,335,663 State Funds Budgeted $ 3,295,467 Total Positions Budgeted 286 Budget Unit Object Classes: Personal Services $ 112,959,167 Regular Operating Expenses $ 24,142,530 Travel $ 243,257 Motor Vehicle Equipment Purchases $ 46,749 Publications and Printing $ 27,352 Equipment Purchases $ 370,729 Per Diem and Fees $ 601,883 Computer Charges $ 1,025,310 Other Contractual Expense $ 1,902,210 Capital Outlay $ 484,665 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 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: $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 26. Department of Labor . A. Budget Unit: Inspection Division $ 457,121 Inspection Division Budget: Personal Services $ 369,800 Regular Operating Expenses $ 24,321 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 $ 457,121 State Funds Budgeted $ 457,121 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 369,800 Regular Operating Expenses $ 24,321 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, Correctional Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund $ 3,315,441 1. Basic Employment Security Budget: Personal Services $ 14,223,661 Regular Operating Expenses $ 3,669,390 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 $ 394,375 Total Funds Budgeted $ 19,142,426 State Funds Budgeted $ 329,025 Total Positions Budgeted 1,140 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 3,342,814 Regular Operating Expenses $ 6,591,770 Travel $ 614,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 254,200 Equipment Purchases $ 203,000 Per Diem and Fees $ 9,608 Computer Charges $ 0 Other Contractual Expense (CETA) $ 20,000,000 CETA Direct Benefits $ 20,000,000 Total Funds Budgeted $ 51,015,392 State Funds Budgeted $ 0 Total Positions Budgeted 326 3. Correctional Services Budget: Personal Services $ 756,038 Regular Operating Expenses $ 44,736 Travel $ 26,433 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 1,400 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 21,516 Total Funds Budgeted $ 852,123 State Funds Budgeted $ 845,623 Total Positions Budgeted 58 4. Unemployment Compensation Reserve Fund Budget: Unemployment Compensation Reserve Fund $ 1,500,000 Total Funds Budgeted $ 1,500,000 State Funds Budgeted $ 1,500,000 5. Work Incentive Budget: Personal Services $ 2,853,664 Regular Operating Expenses $ 405,373 Travel $ 100,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 17,300 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 2,510,908 W.I.N. Grants $ 951,768 Total Funds Budgeted $ 6,842,013 State Funds Budgeted $ 640,793 Total Positions Budgeted 232 Budget Unit Object Classes: Personal Services $ 21,176,177 Regular Operating Expenses $ 10,711,269 Travel $ 1,190,433 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 505,200 Equipment Purchases $ 371,700 Per Diem and Fees $ 18,608 Computer Charges $ 0 Other Contractual Expense (CETA) $ 20,000,000 Other Contractual Expense $ 2,926,799 W.I.N. Grants $ 951,768 Unemployment Compensation Reserve Fund $ 1,500,000 CETA Direct Benefits $ 20,000,000 Section 27. Department of Law . Budget Unit: Department of Law $ 2,096,313 Attorney General's Office Budget: Regular Personal Services $ 1,755,462 Library Personal Services $ 105,000 Regular Operating Expenses $ 179,116 Travel $ 60,780 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,200 Equipment Purchases $ 2,155 Per Diem and Fees $ 36,106 Computer Charges $ 0 Books for State Library $ 32,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,194,819 State Funds Budgeted $ 2,096,313 Total Regular Positions Budgeted 89 Total Library Positions Budgeted 9 Budget Unit Object Classes: Personal Services $ 1,860,462 Regular Operating Expenses $ 179,116 Travel $ 60,780 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,200 Equipment Purchases $ 2,155 Per Diem and Fees $ 36,106 Computer Charges $ 0 Other Contractual Expense $ 0 Books for State Library $ 32,000 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 28. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration Agency Assessments $ 2,094,564 1. Applicant Services Budget: Personal Services $ 396,531 Regular Operating Expenses $ 41,990 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,600 Equipment Purchases $ 1,640 Per Diem and Fees $ 11,600 Computer Charges $ 136,494 Other Contractual Expense $ 0 Total Funds Budgeted $ 615,355 Agency Assessments $ 609,587 Total Positions Budgeted 33 2. Classification and Compensation Budget: Personal Services $ 293,500 Regular Operating Expenses $ 10,750 Travel $ 12,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 18,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 0 Computer Charges $ 50,200 Other Contractual Expense $ 0 Total Funds Budgeted $ 386,950 Agency Assessments $ 386,950 Total Positions Budgeted 21 3. Employee Services Budget: Personal Services $ 226,008 Regular Operating Expenses $ 10,125 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,500 Equipment Purchases $ 1,200 Per Diem and Fees $ 0 Computer Charges $ 61,926 Other Contractual Expense $ 0 Total Funds Budgeted $ 307,259 Agency Assessments $ 301,491 Total Positions Budgeted 20 4. Employee Training and Development Budget: Personal Services $ 190,775 Regular Operating Expenses $ 16,200 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 $ 100 Other Contractual Expense $ 0 Total Funds Budgeted $ 238,475 Agency Assessments $ 207,355 Total Positions Budgeted 14 5. Health Insurance Administration Budget: Personal Services $ 182,169 Regular Operating Expenses $ 19,190 Travel $ 1,575 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,600 Equipment Purchases $ 560 Per Diem and Fees $ 17,000 Computer Charges $ 15,600 Other Contractual Expense $ 395,000 Health Insurance Premiums and Claim Payments $ 23,175,000 Total Funds Budgeted $ 23,808,694 Employee and Employer Contributions $ 20,482,346 Total Positions Budgeted 16 6. Internal Administration Budget: Personal Services $ 263,521 Regular Operating Expenses $ 15,112 Travel $ 2,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,850 Equipment Purchases $ 1,400 Per Diem and Fees $ 1,800 Computer Charges $ 222,929 Other Contractual Expense $ 0 Federal Sub-grants to State and Local Agencies $ 298,600 Total Funds Budgeted $ 808,812 Agency Assessments $ 420,726 Total Positions Budgeted 20 7. Director Office Budget: Personal Services $ 144,755 Regular Operating Expenses $ 8,300 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 1,300 Per Diem and Fees $ 8,100 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 168,455 Agency Assessments $ 168,455 Total Positions Budgeted 7 Budget Unit Object Classes: Personal Services $ 1,697,259 Regular Operating Expenses $ 121,667 Travel $ 30,575 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 59,950 Equipment Purchases $ 9,950 Per Diem and Fees $ 58,750 Computer Charges $ 487,249 Other Contractual Expense $ 395,000 Federal Sub-grants to State and Local Agencies $ 298,600 Health Insurance Premiums and Claim Payments $ 23,175,000 Provided, however, that the State Merit System of Personnel Administration is authorized to make only such unit assessment as is required to fund the level of expenditure contemplated for this budget unit in this Appropriations Act. Section 29. Department of Natural Resources . Budget Unit: Department of Natural Resources $ 27,814,763 1. Internal Administration Budget: Personal Services $ 998,391 Regular Operating Expenses $ 192,111 Travel $ 9,692 Motor Vehicle Equipment Purchases $ 4,700 Publications and Printing $ 70,000 Equipment Purchases $ 10,765 Per Diem and Fees $ 30,600 Computer Charges $ 140,380 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,456,639 State Funds Budgeted $ 1,456,639 Total Positions Budgeted 83 2. Public Relations and Information Budget: Personal Services $ 346,402 Regular Operating Expenses $ 81,719 Travel $ 8,882 Motor Vehicle Equipment Purchases $ 11,300 Publications and Printing $ 267,944 Equipment Purchases $ 14,260 Per Diem and Fees $ 6,500 Computer Charges $ 500 Other Contractual Expense $ 0 Total Funds Budgeted $ 737,507 State Funds Budgeted $ 737,507 Total Positions Budgeted 27 3. Planning and Research Budget: Personal Services $ 966,755 Regular Operating Expenses $ 93,711 Travel $ 52,700 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 60,000 Equipment Purchases $ 9,800 Per Diem and Fees $ 80,620 Computer Charges $ 3,000 Other Contractual Expense $ 108,909 Land and Water Conservation Grants $ 3,600,000 Recreation Grants $ 300,000 Total Funds Budgeted $ 5,275,495 State Funds Budgeted $ 1,355,611 Total Positions Budgeted 60 4. Game Management Budget: Personal Services $ 1,319,780 Regular Operating Expenses $ 525,766 Travel $ 16,692 Motor Vehicle Equipment Purchases $ 161,400 Publications and Printing $ 15,000 Equipment Purchases $ 27,300 Per Diem and Fees $ 3,500 Computer Charges $ 6,500 Other Contractual Expense $ 19,267 Capital Outlay $ 0 Total Funds Budgeted $ 2,095,205 State Funds Budgeted $ 1,143,586 Total Positions Budgeted 109 5. Fisheries Management Budget: Personal Services $ 1,379,687 Regular Operating Expenses $ 584,406 Travel $ 30,980 Motor Vehicle Equipment Purchases $ 98,700 Publications and Printing $ 8,500 Equipment Purchases $ 99,325 Per Diem and Fees $ 2,400 Computer Charges $ 3,125 Other Contractual Expenses $ 31,200 Capital Outlay $ 116,000 Total Funds Budgeted $ 2,354,323 State Funds Budgeted $ 1,893,908 Total Positions Budgeted 108 6. Law Enforcement Budget: Personal Services $ 2,973,856 Regular Operating Expenses $ 870,025 Travel $ 52,600 Motor Vehicle Equipment Purchases $ 291,000 Publications and Printing $ 29,400 Equipment Purchases $ 281,297 Per Diem and Fees $ 8,780 Computer Charges $ 0 Other Contractual Expense $ 0 State of Georgia General Obligation Debt Sinking Fund $ 27,000 Total Funds Budgeted $ 4,533,958 State Funds Budgeted $ 4,352,274 Total Positions Budgeted 243 7. Project Evaluation Budget: Personal Services $ 64,611 Regular Operating Expenses $ 12,409 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 $ 85,665 State Funds Budgeted $ 85,665 Total Positions Budgeted 4 8. Coastal Marshlands Protection Budget: Personal Services $ 44,695 Regular Operating Expenses $ 7,205 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 $ 62,255 State Funds Budgeted $ 62,255 Total Positions Budgeted 3 9. State Parks and Historic Sites Operations Budget: Personal Services $ 3,878,544 Regular Operating Expenses $ 2,747,958 Travel $ 64,500 Motor Vehicle Equipment Purchases $ 178,888 Publications and Printing $ 36,000 Equipment Purchases $ 149,757 Per Diem and Fees $ 57,500 Computer Charges $ 0 Other Contractual Expense $ 28,500 Capital Outlay $ 165,000 Authority Lease Rentals $ 2,526,000 Total Funds Budgeted $ 9,832,647 State Funds Budgeted $ 7,238,593 Total Positions Budgeted 337 10. Geologic and Water Resources Research Budget: Personal Services $ 504,007 Regular Operating Expenses $ 77,800 Travel $ 25,500 Motor Vehicle Equipment Purchases $ 9,600 Publications and Printing $ 26,000 Equipment Purchases $ 10,200 Per Diem and Fees $ 2,500 Computer Charges $ 0 Other Contractual Expense $ 15,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 191,900 Topographic Mapping United States Geological Survey $ 649,500 Total Funds Budgeted $ 1,512,007 State Funds Budgeted $ 1,242,007 Total Positions Budgeted 33 11. Water Supply Budget: Personal Services $ 481,873 Regular Operating Expenses $ 42,168 Travel $ 23,459 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 21,237 Per Diem and Fees $ 0 Computer Charges $ 10,000 Other Contractual Expense $ 0 Fluoridation Grants $ 0 Total Funds Budgeted $ 584,737 State Funds Budgeted $ 584,737 Total Positions Budgeted 34 12. Water Quality Budget: Personal Services $ 1,708,354 Regular Operating Expenses $ 100,352 Travel $ 44,606 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 32,000 Equipment Purchases $ 34,540 Per Diem and Fees $ 3,800 Computer Charges $ 95,000 Other Contractual Expense $ 377,500 Water and Sewer Grants $ 1,073,000 Total Funds Budgeted $ 3,489,152 State Funds Budgeted $ 2,204,700 Total Positions Budgeted 126 13. Air Quality Budget: Personal Services $ 1,145,501 Regular Operating Expenses $ 89,279 Travel $ 53,300 Motor Vehicle Equipment Purchases $ 6,000 Publications and Printing $ 3,000 Equipment Purchases $ 23,000 Per Diem and Fees $ 500 Computer Charges $ 48,700 Other Contractual Expense $ 5,500 Total Funds Budgeted $ 1,374,780 State Funds Budgeted $ 824,280 Total Positions Budgeted 74 14. Solid Waste Management Budget: Personal Services $ 589,816 Regular Operating Expenses $ 24,734 Travel $ 31,180 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,500 Equipment Purchases $ 3,000 Per Diem and Fees $ 1,500 Computer Charges $ 0 Other Contractual Expense $ 0 Solid Waste Grants $ 2,000,000 Total Funds Budgeted $ 2,656,730 State Funds Budgeted $ 2,656,730 Total Positions Budgeted 35 15. Land Reclamation Budget: Personal Services $ 144,533 Regular Operating Expenses $ 25,863 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 $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 199,271 State Funds Budgeted $ 199,271 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 $ 482,500 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 52,500 Total Funds Budgeted $ 535,000 State Funds Budgeted $ 535,000 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 $ 16,546,805 Regular Operating Expenses $ 5,475,506 Travel $ 429,011 Motor Vehicle Equipment Purchases $ 803,188 Publications and Printing $ 562,794 Equipment Purchases $ 688,746 Per Diem and Fees $ 202,840 Computer Charges $ 307,205 Other Contractual Expense $ 585,876 Land and Water Conservation Grants $ 3,600,000 Recreation Grants $ 300,000 Fluoridation Grants $ 0 Water and Sewer Grants $ 1,073,000 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 $ 649,500 Payments to Lake Lanier Islands Development Authority for Operations $ 482,500 Capital Outlay $ 871,000 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 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 prupose 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 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 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 $ 3,740,152 1. General Administration and Support Budget: Personal Services $ 2,273,738 Regular Operating Expenses $ 492,234 Travel $ 76,000 Motor Vehicle Equipment Purchases $ 4,900 Publications and Printing $ 24,000 Equipment Purchases $ 21,800 Per Diem and Fees $ 27,820 Computer Charges $ 314,442 Other Contractual Expense $ 57,500 Mentally Retarded Offender Program $ 150,000 Total Funds Budgeted $ 3,442,434 State Funds Budgeted $ 3,442,434 Total Positions Budgeted 170 2. Construction, Maintenance, and Special Projects Budget: Personal Services $ 175,418 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 Capital Outlay $ 0 Total Funds Budgeted $ 297,718 State Funds Budgeted $ 297,718 Total Positions Budgeted 11 3. Federal Grants Budget: Personal Services $ 522,388 Regular Operating Expenses $ 90,737 Travel $ 55,572 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 10,167 Equipment Purchases $ 8,196 Per Diem and Fees $ 51,297 Computer Charges $ 131,940 Other Contractual Expense $ 330,304 Total Funds Budgeted $ 1,200,601 State Funds Budgeted $ 0 Total Positions Budgeted 57 Budget Unit Object Classes: Personal Services $ 2,971,544 Regular Operating Expenses $ 628,271 Travel $ 151,572 Motor Vehicle Equipment Purchases $ 8,900 Publications and Printing $ 35,167 Equipment Purchases $ 29,996 Per Diem and Fees $ 119,117 Computer Charges $ 446,382 Other Contractual Expense $ 399,804 Mentally Retarded Offender Program $ 150,000 Capital Outlay $ 0 Provided, that the Department is hereby authorized to redirect up to $250,000 of the unexpended balance of the Georgia Building Authority (Penal) funds for the architectural design and drawings of a correctional institution in Chatham County. B. Budget Unit: Correctional Institutions $ 35,408,966 1. Georgia Training and Development Center Budget: Personal Services $ 928,892 Regular Operating Expenses $ 398,735 Travel $ 4,968 Motor Vehicle Equipment Purchases $ 22,500 Publications and Printing $ 125 Equipment Purchases $ 36,451 Per Diem and Fees $ 19,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,410,671 State Funds Budgeted $ 1,078,871 Total Positions Budgeted 83 2. Georgia Industrial Institute Budget: Personal Services $ 2,458,300 Regular Operating Expenses $ 1,404,341 Travel $ 4,400 Motor Vehicle Equipment Purchases $ 66,000 Publications and Printing $ 673 Equipment Purchases $ 79,855 Per Diem and Fees $ 22,000 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 40,000 Total Funds Budgeted $ 4,075,569 State Funds Budgeted $ 4,063,569 Total Positions Budgeted 227 3. Georgia Diagnostic and Classification Center Budget: Personal Services $ 2,709,048 Regular Operating Expenses $ 953,038 Travel $ 11,782 Motor Vehicle Equipment Purchases $ 44,700 Publications and Printing $ 1,225 Equipment Purchases $ 123,167 Per Diem and Fees $ 79,275 Computer Charges $ 0 Other Contractual Expense $ 241,811 Capital Outlay $ 100,000 Authority Lease Rentals $ 640,000 Total Funds Budgeted $ 4,904,046 State Funds Budgeted $ 4,549,164 Total Positions Budgeted 289 4. Georgia State Prison Budget: Personal Services $ 4,791,681 Regular Operating Expenses $ 2,900,302 Travel Motor Vehicle Equipment Purchases $ 88,000 Publications and Printing $ 1,600 Equipment Purchases $ 239,775 Per Diem and Fees $ 63,000 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 75,000 Total Funds Budgeted $ 8,165,358 State Funds Budgeted $ 7,580,358 Total Positions Budgeted 456 5. Consolidated Branches Budget: Personal Services $ 3,419,025 Regular Operating Expenses $ 1,965,000 Travel $ 12,200 Motor Vehicle Equipment Purchases $ 55,000 Publications and Printing $ 2,560 Equipment Purchases $ 234,075 Per Diem and Fees $ 119,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 5,807,460 State Funds Budgeted $ 5,435,460 Total Positions Budgeted 341 6. Montgomery Correctional Institution Budget: Personal Services $ 615,000 Regular Operating Expenses $ 304,513 Travel $ 3,550 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 350 Equipment Purchases $ 27,125 Per Diem and Fees $ 9,800 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 100,000 Capital Outlay $ 60,000 Total Funds Budgeted $ 1,129,338 State Funds Budgeted $ 1,111,338 Total Positions Budgeted 60 7. Walker Correctional Institution Budget: Personal Services $ 568,000 Regular Operating Expenses $ 328,611 Travel $ 2,450 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 425 Equipment Purchases $ 29,025 Per Diem and Fees $ 10,500 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 100,000 Total Funds Budgeted $ 1,054,011 State Funds Budgeted $ 1,054,011 Total Positions Budgeted 59 8. Georgia Women's Correctional Institution Budget: Personal Services $ 697,350 Regular Operating Expenses $ 217,150 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 21,500 Publications and Printing $ 400 Equipment Purchases $ 23,120 Per Diem and Fees $ 4,100 Computer Charges $ 0 Other Contractual Expense $ 2,500 Total Funds Budgeted $ 968,120 State Funds Budgeted $ 968,120 Total Positions Budgeted 100 9. West Georgia Community Correctional Institution Budget: Personal Services $ 165,000 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 $ 1,051,475 State Funds Budgeted $ 1,051,475 Total Positions Budgeted 150 10. Youthful Offender Institution Budget: Personal Services $ 1,193,700 Regular Operating Expenses $ 706,400 Travel $ 8,500 Motor Vehicle Equipment Purchases $ 57,500 Publications and Printing $ 800 Equipment Purchases $ 10,000 Per Diem and Fees $ 30,000 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 1,665,000 Total Funds Budgeted $ 3,671,900 State Funds Budgeted $ 3,671,900 Total Positions Budgeted 214 11. Work Release Center Budget: Personal Services $ 168,000 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 $ 337,212 State Funds Budgeted $ 337,212 Total Positions Budgeted 16 12. 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 13. Impact Centers Budget: Personal Services $ 656,334 Regular Operating Expenses $ 202,767 Travel $ 21,588 Motor Vehicle Equipment Purchases $ 124 Publications and Printing $ 90 Equipment Purchases $ 6,594 Per Diem and Fees $ 20,353 Computer Charges $ 2,408 Other Contractual Expense $ 0 Total Funds Budgeted $ 910,258 State Funds Budgeted $ 98,488 Total Positions Budgeted 58 14. 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 15. Food Processing and Distribution Unit Budget: Personal Services $ 24,500 Regular Operating Expenses $ 260,000 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 Capital Outlay $ 93,000 Total Funds Budgeted $ 379,000 State Funds Budgeted $ 379,000 Total Positions Budgeted 4 16. Court Costs, Overtime, and Inmate Release Funds Budget: Personal ServicesOvertime $ 30,000 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 Court Costs $ 140,000 County Subsidy $ 2,857,500 Inmate Release Fund $ 383,000 Total Funds Budgeted $ 3,410,500 State Funds Budgeted $ 3,410,500 Total Positions Budgeted 0 17. Pre-Release Centers Budget: Personal Services $ 134,245 Regular Operating Expenses $ 126,233 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 250 Equipment Purchases $ 78,772 Per Diem and Fees $ 6,000 Computer Charges $ 0 Other Contractual Expense $ 1,500 Total Funds Budgeted $ 357,000 State Funds Budgeted $ 357,000 Total Positions Budgeted 21 Budget Unit Object Classes: Personal Services $ 18,775,075 Regular Operating Expenses $ 10,257,499 Travel $ 89,138 Motor Vehicle Equipment Purchases $ 421,824 Publications and Printing $ 9,709 Equipment Purchases $ 1,429,926 Per Diem and Fees $ 409,528 Computer Charges $ 2,408 Other Contractual Expense $ 245,811 Authority Lease Rentals $ 840,000 Capital Outlay $ 2,033,000 Court Costs $ 140,000 Inmate Release Fund $ 383,000 County Subsidy $ 2,857,500 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. Provided, that of the above appropriation relating to Equipment Purchases, $100,000 is designated and committed to purchase a new sealer, steamer and related equipment for the cannery at Georgia State Prison. Provided, that of the above appropriation relating to Capital Outlay, $75,000 is designated and committed to drill a well and provide the first component of a portable irrigation system at Georgia State Prison. Provided, that of the above appropriation relating to Capital Outlay, $93,000 is designated and committed to renovate a warehouse at Central State Hospital for the Food Processing and Distribution Unit. Provided, that of the above appropriation relating to Capital Outlay, $60,000 is designated and committed to construct a Poultry Facility at Montgomery Correctional Institution. C. Budget Unit: Department of Offender Rehabilitation $ 4,972,689 1. Probation and Parole Field Supervision Budget: Personal Services $ 292,139 Regular Operating Expenses $ 28,156 Travel $ 8,670 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 $ 329,465 State Funds Budgeted $ 329,465 Total Positions Budgeted 15 2. Probation/Parole Budget: Personal Services $ 3,453,447 Regular Operating Expenses $ 336,003 Travel $ 185,460 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 872 Equipment Purchases $ 31,328 Per Diem and Fees $ 7,626 Computer Charges $ 0 Other Contractual Expense $ 11,488 Total Funds Budgeted $ 4,026,224 State Funds Budgeted $ 4,026,224 Total Positions Budgeted 321 3. Treatment Centers Budget: Personal Services $ 399,942 Regular Operating Expenses $ 199,614 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 $ 617,000 State Funds Budgeted $ 617,000 Total Positions Budgeted 41 4. Federal Grants Budget: Personal Services $ 1,183,214 Regular Operating Expenses $ 370,921 Travel $ 70,432 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 20,962 Equipment Purchases $ 88,798 Per Diem and Fees $ 72,205 Computer Charges $ 0 Other Contractual Expense $ 50,698 Total Funds Budgeted $ 1,877,230 State Funds Budgeted $ 0 Total Positions Budgeted 152 Budget Unit Object Classes: Personal Services $ 5,328,742 Regular Operating Expenses $ 934,694 Travel $ 272,902 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 24,207 Equipment Purchases $ 121,133 Per Diem and Fees $ 86,055 Computer Charges $ 0 Other Contractual Expense $ 62,186 D. Budget Unit: Board of Pardons and Paroles $ 1,548,318 Board of Pardons and Paroles Budget: Personal Services $ 1,479,652 Regular Operating Expenses $ 21,960 Travel $ 78,771 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,200 Equipment Purchases $ 800 Per Diem and Fees $ 11,200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,593,583 State Funds Budgeted $ 1,548,318 Total Positions Budgeted 125 Budget Unit Object Classes: Personal Services $ 1,479,652 Regular Operating Expenses $ 21,960 Travel $ 78,771 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,200 Equipment Purchases $ 800 Per Diem and Fees $ 11,200 Computer Charges $ 0 Other Contractual Expense $ 0 Section 31. Department of Public Safety . Budget Unit: Department of Public Safety $ 23,608,904 1. Office of Highway Safety Budget: Personal Services $ 253,847 Regular Operating Expenses $ 25,600 Travel $ 13,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 8,000 Computer Charges $ 1,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 310,447 State Funds Budgeted $ 0 Total Positions Budgeted 16 2. Commissioner's Office Budget: Personal Services $ 373,381 Regular Operating Expenses $ 49,155 Travel $ 4,690 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 30,000 Equipment Purchases $ 4,000 Per Diem and Fees $ 3,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 494,226 State Funds Budgeted $ 491,315 Total Positions Budgeted 22 3. Staff Services Budget: Personal Services $ 716,772 Regular Operating Expenses $ 1,201,462 Travel $ 5,550 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 52,400 Equipment Purchases $ 11,107 Per Diem and Fees $ 5,750 Computer Charges $ 80,200 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,073,241 State Funds Budgeted $ 2,073,241 Total Positions Budgeted 64 4. Georgia State Patrol Budget: Personal Services $ 15,360,147 Regular Operating Expenses $ 2,127,773 Travel $ 153,503 Motor Vehicle Equipment Purchases $ 840,000 Publications and Printing $ 723,908 Equipment Purchases $ 96,429 Per Diem and Fees $ 28,934 Computer Charges $ 1,375,854 Other Contractual Expense $ 0 Total Funds Budgeted $ 20,706,548 State Funds Budgeted $ 20,461,772 Total Positions Budgeted 1,162 5. Mandate TrainingOperations Budget: Personal Services $ 220,433 Regular Operating Expenses $ 336,093 Travel $ 17,495 Motor Vehicle Equipment Purchases $ 4,800 Publications and Printing $ 6,193 Equipment Purchases $ 53,646 Per Diem and Fees $ 6,551 Computer Charges $ 3,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 648,211 State Funds Budgeted $ 238,680 Total Positions Budgeted 17 6. Police Academy: Personal Services $ 273,474 Regular Operating Expenses $ 71,736 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 $ 0 Total Funds Budgeted $ 428,396 State Funds Budgeted $ 343,896 Total Positions Budgeted 17 Budget Unit Object Classes: Personal Services $ 17,198,054 Regular Operating Expenses $ 3,811,819 Travel $ 199,944 Motor Vehicle Equipment Purchases $ 874,800 Publications and Printing $ 826,481 Equipment Purchases $ 190,682 Per Diem and Fees $ 99,235 Computer Charges $ 1,460,054 Other Contractual Expense $ 0 Capital Outlay $ 0 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 upon proper approval by the Office of Planning and Budget and the State Personnel Board, the Department is authorized, to the extent funds are available, to upgrade the positions of the Community Relations Specialists in the Commissioner's Office Activity. Section 32. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 8,278,180 Departmental Operations Budget: Payments to Employees' Retirement System $ 0 Employer Contributions $ 8,278,180 Total Funds Budgeted $ 8,278,180 State Funds Budgeted $ 8,278,180 Budget Unit Object Classes: Payments to Employees' Retirement System $ 0 Employer Contributions $ 8,278,180

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Section 33. Public Service Commission . Budget Unit: Public Service Commission $ 2,191,045 1. Administration Budget: Personal Services $ 516,920 Regular Operating Expenses $ 32,480 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 $ 22,500 Total Funds Budgeted $ 584,200 State Funds Budgeted $ 584,200 Total Positions Budgeted 27 2. Transportation Budget: Personal Services $ 511,972 Regular Operating Expenses $ 104,118 Travel $ 32,500 Motor Vehicle Equipment Purchases $ 0 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 $ 665,290 State Funds Budgeted $ 665,290 Total Positions Budgeted 44 3. Utilities Budget: Personal Services $ 724,791 Regular Operating Expenses $ 89,790 Travel $ 40,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 16,800 Per Diem and Fees $ 102,850 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 980,231 State Funds Budgeted $ 941,555 Total Positions Budgeted 56 Budget Unit Object Classes: Personal Services $ 1,753,683 Regular Operating Expenses $ 226,388 Travel $ 79,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 16,000 Equipment Purchases $ 24,300 Per Diem and Fees $ 107,850 Computer Charges $ 0 Other Contractual Expense $ 22,500 Section 34. Regents, University System of Georgia . A. Budget Unit: Resident Instruction and University System Institutions $ 258,064,319 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 $ 67,899,658 Teachers' Retirement $ 17,595,715 Capital Outlay $ 2,172,000 Authority Lease Rentals $ 22,686,000 State of Georgia General Obligation Debt Sinking Fund $ 1,867,591 Total Funds Budgeted $ 337,487,249 State Funds Budgeted $ 227,127,671 Total Positions Budgeted 15,279 Provided, that from appropriated funds in A, the amount of $24,553,591 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 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, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives. 2. Marine Resources Extension Center Budget: Personal Services $ 256,788 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 119,302 Total Funds Budgeted $ 376,090 State Funds Budgeted $ 376,090 Total Positions Budgeted 25 3. Skidaway Institute of Oceanography Budget: Personal Services $ 786,235 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 758,546 Total Funds Budgeted $ 1,544,781 State Funds Budgeted $ 553,781 Total Positions Budgeted 36 4. Engineering Experiment Station Budget: Personal Services $ 6,760,140 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 2,226,001 Total Funds Budgeted $ 8,986,141 State Funds Budgeted $ 2,253,441 Total Positions Budgeted 201 5. Engineering Extension Division Budget: Personal Services $ 749,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 355,262 Total Funds Budgeted $ 1,104,262 State Funds Budgeted $ 392,807 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 $ 4,986,338 Total Funds Budgeted $ 14,885,314 State Funds Budgeted $ 9,293,593 Total Positions Budgeted 833 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 $ 2,048,012 Total Funds Budgeted $ 16,352,636 State Funds Budgeted $ 8,196,636 Total Positions Budgeted 936 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 $ 16,438,267 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 5,269,487 Total Funds Budgeted $ 21,707,754 State Funds Budgeted $ 9,870,300 Total Positions Budgeted 1,873 Budget Unit Object Classes: Personal Services $ 274,460,315 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 83,662,606 Teachers' Retirement $ 17,595,715 Capital Outlay $ 2,172,000 Authority Lease Rentals $ 22,686,000 State of Georgia General Obligation Debt Sinking Fund $ 1,867,591 B. Budget Unit: Regents Central Office $ 7,201,838 Regents Central Office Budget: Personal Services $ 1,645,389 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 345,846 SREB Payments $ 732,000 Medical Scholarships $ 345,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 3,933,603 Total Funds Budgeted $ 7,201,838 State Funds Budgeted $ 7,201,838 Total Positions Budgeted 98 Budget Unit Object Classes: Personal Services $ 1,645,389 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 345,846 SREB Payments $ 732,000 Medical Scholarships $ 345,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 3,933,603 Section 35. Department of Revenue . Budget Unit: Department of Revenue $ 18,170,608 1. Executive Administration Budget: Personal Services $ 561,512 County Tax Officials/Retirement and FICA $ 436,000 Regular Operating Expenses $ 359,738 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 306,736 Equipment Purchases $ 21,850 Per Diem and Fees $ 19,800 Computer Charges $ 35,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,756,636 Indirect Computer Funding $ 25,000 State Funds Budgeted $ 1,731,636 Total Positions Budgeted 36 2. Internal Administration Budget: Personal Services $ 762,023 Regular Operating Expenses $ 609,753 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 24,000 Per Diem and Fees $ 1,000 Computer Charges $ 54,300 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,455,576 Indirect Computer Funding $ 45,000 State Funds Budgeted $ 1,410,576 Total Positions Budgeted 69 3. Property Tax Budget: Personal Services $ 711,871 Regular Operating Expenses $ 31,487 Travel $ 44,600 Motor Vehicle Equipment Purchases $ 9,200 Publications and Printing $ 99,000 Equipment Purchases $ 2,775 Per Diem and Fees $ 51,000 Computer Charges $ 455,000 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 $ 2,855,933 Repayment of Loans to Counties/Property Reevaluation $ 201,000 Indirect Computer Funding $ 455,000 State Funds Budgeted $ 2,199,933 Total Positions Budgeted 58 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 $ 741,233 Regular Operating Expenses $ 72,400 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 53,600 Equipment Purchases $ 4,300 Per Diem and Fees $ 0 Computer Charges $ 618,372 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,493,905 Indirect Computer Funding $ 295,000 State Funds Budgeted $ 1,198,905 Total Positions Budgeted 73 5. Motor Fuel Taxation Budget: Personal Services $ 373,661 Regular Operating Expenses $ 9,584 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 45,000 Equipment Purchases $ 1,755 Per Diem and Fees $ 0 Computer Charges $ 95,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 527,000 Indirect Computer Funding $ 90,000 State Funds Budgeted $ 437,000 Total Positions Budgeted 35 6. Income Taxation Budget: Personal Services $ 1,270,793 Regular Operating Expenses $ 167,248 Travel $ 3,507 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 215,300 Equipment Purchases $ 5,165 Per Diem and Fees $ 0 Computer Charges $ 1,505,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,167,013 Indirect Computer Funding $ 1,505,000 State Funds Budgeted $ 1,662,013 Total Positions Budgeted 115 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,628,671 Regular Operating Expenses $ 201,567 Travel $ 37,000 Motor Vehicle Equipment Purchases $ 110,400 Publications and Printing $ 13,500 Equipment Purchases $ 3,050 Per Diem and Fees $ 7,608 Computer Charges $ 50,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,051,796 Indirect Computer Funding $ 25,000 State Funds Budgeted $ 2,026,058 Total Positions Budgeted 114 8. Motor Vehicle Registration Budget: Personal Services $ 1,683,704 Regular Operating Expenses $ 272,635 Travel $ 5,212 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 242,486 Equipment Purchases $ 14,740 Per Diem and Fees $ 300 Computer Charges $ 1,641,500 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,860,577 Indirect Computer Funding $ 1,590,000 State Funds Budgeted $ 2,270,577 Total Positions Budgeted 197 9. Central Audit Budget: Personal Services $ 1,260,337 Regular Operating Expenses $ 29,981 Travel $ 246,614 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 $ 1,548,332 State Funds Budgeted $ 1,548,332 Total Positions Budgeted 78 10. Field Audit Services Budget: Personal Services $ 2,899,571 Regular Operating Expenses $ 157,789 Travel $ 195,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,918 Equipment Purchases $ 12,300 Per Diem and Fees $ 2,000 Computer Charges $ 8,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,283,578 State Funds Budgeted $ 3,283,578 Total Positions Budgeted 245 11. Motor Vehicle Tag Purchases Budget: Motor Vehicle Tag Purchases $ 77,250 Motor Vehicle Decal Purchases $ 324,750 Total Funds Budgeted $ 402,000 State Funds Budgeted $ 402,000 Total Positions Budgeted 0 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $77,250 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 104,000 regular motor vehicle tags and 10,000 bicentennial 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. Budget Unit Object Classes: Personal Services $ 11,893,376 County Tax Officials/Retirement and FICA $ 436,000 Regular Operating Expenses $ 1,912,182 Travel $ 551,433 Motor Vehicle Equipment Purchases $ 123,600 Publications and Printing $ 990,540 Equipment Purchases $ 94,335 Per Diem and Fees $ 82,708 Computer Charges $ 4,465,172 Other Contractual Expense $ 0 Loans to Counties/Property Reevaluation $ 201,000 Grants to Counties/Appraisal Staff $ 1,250,000 Motor Vehicle Tag Purchases $ 402,000 Intangible Tax Equalization Fund $ 0 Section 36. Secretary of State . A. Budget Unit: Secretary of State $ 5,801,290 1. Occupational Certification Budget: Personal Services $ 1,206,471 Regular Operating Expenses $ 306,892 Travel $ 96,004 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 19,968 Equipment Purchases $ 9,500 Per Diem and Fees $ 140,838 Computer Charges $ 15,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,794,673 State Funds Budgeted $ 1,794,673 Total Positions Budgeted 113 2. Securities Regulation Budget: Personal Services $ 208,666 Regular Operating Expenses $ 9,455 Travel $ 13,330 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,932 Equipment Purchases $ 1,529 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Payments for Outside Attorneys' Fees $ 17,600 Total Funds Budgeted $ 252,512 State Funds Budgeted $ 252,512 Total Positions Budgeted 14 3. Corporations Regulation Budget: Personal Services $ 204,409 Regular Operating Expenses $ 17,987 Travel $ 387 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,900 Equipment Purchases $ 1,434 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 30,000 Total Funds Budgeted $ 257,117 State Funds Budgeted $ 257,117 Total Positions Budgeted 20 4. Pharmacy Regulation Budget: Personal Services $ 206,204 Regular Operating Expenses $ 5,564 Travel $ 38,835 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 194 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 250,797 State Funds Budgeted $ 250,797 Total Positions Budgeted 12 5. Archives and Records Budget: Personal Services $ 1,070,294 Regular Operating Expenses $ 92,625 Travel $ 6,763 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,223 Equipment Purchases $ 1,662 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 815,000 Total Funds Budgeted $ 1,995,567 State Funds Budgeted $ 1,995,567 Total Positions Budgeted 88 6. General Services Budget: Personal Services $ 422,666 Regular Operating Expenses $ 51,760 Travel $ 5,216 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 27,830 Equipment Purchases $ 6,067 Per Diem and Fees $ 1,933 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 515,472 State Funds Budgeted $ 513,271 Total Positions Budgeted 34 7. Internal Administration Budget: Personal Services $ 404,594 Regular Operating Expenses $ 58,151 Travel $ 5,917 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 67,344 Equipment Purchases $ 3,867 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 539,873 State Funds Budgeted $ 539,873 Total Positions Budgeted 29 8. Bicentennial Commission Budget: Personal Services $ 73,939 Regular Operating Expenses $ 391,716 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,200 Equipment Purchases $ 1,300 Per Diem and Fees $ 3,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 491,155 State Funds Budgeted $ 176,155 Total Positions Budgeted 5 9. State Ethics Commission: Personal Services $ 35,659 Regular Operating Expenses $ 7,185 Travel $ 4,365 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,660 Equipment Purchases $ 6,676 Per Diem and Fees $ 3,780 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 61,325 State Funds Budgeted $ 21,325 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 3,832,902 Regular Operating Expenses $ 941,335 Travel $ 178,817 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 146,251 Equipment Purchases $ 32,035 Per Diem and Fees $ 149,551 Computer Charges $ 15,000 Other Contractual Expense $ 30,000 Authority Lease Rentals $ 815,000 Payments for Outside Attorneys' Fees $ 17,600 Provided, that of the above appropriation relating to the Secretary of State, $30,000 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 $ 94,665 State Building Administrative Board Budget: Personal Services $ 69,388 Regular Operating Expenses $ 10,063 Travel $ 4,217 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,781 Equipment Purchases $ 2,869 Per Diem and Fees $ 3,347 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 94,665 State Funds Budgeted $ 94,665 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 69,388 Regular Operating Expenses $ 10,063 Travel $ 4,217 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,781 Equipment Purchases $ 2,869 Per Diem and Fees $ 3,347 Computer Charges $ 0 Other Contractual Expense $ 0 Section 37. State Scholarship Commission . Budget Unit: State Scholarship Commission $ 9,715,396 1. Internal Administration Activity Budget: Personal Services $ 574,031 Regular Operating Expenses $ 130,488 Travel $ 22,347 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,778 Equipment Purchases $ 2,300 Per Diem and Fees $ 7,484 Computer Charges $ 230,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 973,428 State Funds Budgeted $ 642,957 Total Positions Budgeted 48 2. Higher Education Assistance Corporation Budget: Payment of Interest $ 214,000 Total Funds Budgeted $ 214,000 State Funds Budgeted $ 0 Total Positions Budgeted 0 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans $ 2,155,500 Tuition Equalization Grants $ 6,024,939 State Student Incentive Scholarships $ 1,280,000 Total Funds Budgeted $ 9,460,439 State Funds Budgeted $ 9,060,439 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 $ 574,031 Regular Operating Expenses $ 130,488 Travel $ 22,347 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,778 Equipment Purchases $ 2,300 Per Diem and Fees $ 7,484 Computer Charges $ 230,000 Other Contractual Expense $ 0 Payment of Interest $ 214,000 Direct Guaranteed Loans $ 2,155,500 Tuition Equalization Grants $ 6,024,939 State Student Incentive Scholarships $ 1,280,000 Law Enforcement Personnel Dependents Scholarships $ 12,000 Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training, recruitment and counselor personnel in health career fields. Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not less than $1,224,000 is designated and committed for the purpose of providing loans under the guaranteed student loan program to students in paramedical, professional and educational fields of study which shall be repayable in cash with interest at seven percent per annum or by practice in a field and in a community or site of employment approved by the Scholarship Commission as provided for in Ga. 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 $6,024,939 is designated and committed to provide $500 Tuition Equalization Grants to Freshmen, and $400 Tuition Equalization Grants to Sophomores, Juniors and Seniors attending private colleges as provided in Ga. L. 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 postsecondary educational institutions unless summer period study is part of the typical academic year of such institution. Section 38. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 421,978 Soil and Water Conservation Central Office Budget: Personal Services $ 159,181 Regular Operating Expenses $ 19,703 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 $ 90,109 Total Funds Budgeted $ 396,978 State Funds Budgeted $ 396,978 Total Positions Budgeted 11 District Operating Expense Budget: Personal Services $ 250 Regular Operating Expenses $ 9,500 Travel $ 0 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,000 Equipment Purchases $ 1,700 Per Diem and Fees $ 550 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 25,000 State Funds Budgeted $ 25,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 159,431 Regular Operating Expenses $ 29,203 Travel $ 25,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 16,355 Equipment Purchases $ 2,300 Per Diem and Fees $ 99,180 Computer Charges $ 0 Other Contractual Expense $ 90,109 Section 39. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 980,265 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 Floor Fund for Local Retirement Systems $ 980,265 Total Funds Budgeted $ 1,804,560 State Funds Budgeted $ 980,265 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 Floor Fund for Local Retirement Systems $ 980,265 Section 40. Department of Transportation . Budget Unit: Department of Transportation $ 247,380,167.16 1. Planning and Construction Budget: Personal Services $ 51,732,968.00 Regular Operating Expenses $ 4,852,874.00 Travel $ 1,882,650.00 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 197,066.00 Equipment Purchases $ 140,200.00 Per Diem and Fees $ 470,000.00 Computer Charges $ 0 Other Contractual Expense $ 5,475,854.00 Capital Outlay $ 190,187,657.11 State of Georgia General Obligation Debt Sinking Fund $ 8,000,000.00 Total Funds Budgeted $ 262,939,269.11 State Funds Budgeted $ 104,736,624.00 Total Positions Budgeted 3,597 2. Maintenance and Betterments Budget: Personal Services $ 31,674,560 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 $ 19,876,977 State of Georgia General Obligation Debt Sinking Fund $ 1,200,000 Total Funds Budgeted $ 74,718,658 State Funds Budgeted $ 74,718,658 Total Positions Budgeted 3,546 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 $ 5,723,031.16 Regular Operating Expenses $ 2,558,581.00 Travel $ 323,678.00 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 424,475.00 Equipment Purchases $ 0 Per Diem and Fees $ 61,200.00 Computer Charges $ 1,389,863.00 Other Contractual Expense $ 165,200.00 Total Funds Budgeted $ 10,646,028.16 State Funds Budgeted $ 10,646,028.16 Total Positions Budgeted 321 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 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 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 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. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,200,000 is specifically appropriated for a Maintenance and Betterments Resurfacing program through the issuance of not to exceed $12,000,000 in principal amount of General Obligation Debt. 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 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 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 $ 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 $ 0 Mass Transit Grants $ 410,000 Total Funds Budgeted $ 756,164 State Funds Budgeted $ 756,164 Total Positions Budgeted 15 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 $ 89,766,251.16 Regular Operating Expenses $ 28,410,380.00 Travel $ 2,693,928.00 Motor Vehicle Equipment Purchases $ 2,400,471.00 Publications and Printing $ 661,925.00 Equipment Purchases $ 1,695,959.00 Per Diem and Fees $ 532,200.00 Computer Charges $ 1,389,863.00 Other Contractual Expense $ 6,641,054.00 Capital Outlay $ 210,501,634.11 Mass Transit Grants $ 410,000.00 Grants to Municipalities $ 9,317,000.00 Harbor Maintenance Payments $ 430,000.00 Grants to Counties $ 9,317,013.00 Authority Lease Rentals $ 27,408,889.00 State of Georgia General Obligation Debt Sinking Fund $ 14,782,775.00 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, 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 41. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 6,242,270 1. Veterans Assistance Budget: Personal Services $ 1,856,864 Regular Operating Expenses $ 158,967 Travel $ 65,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 22,000 Equipment Purchases $ 7,800 Per Diem and Fees $ 8,800 Computer Charges $ 385 Other Contractual Expense $ 0 Grants to Confederate Widows $ 17,186 Total Funds Budgeted $ 2,137,802 State Funds Budgeted $ 1,888,821 Total Positions Budgeted 171 2. Veterans Home and Nursing FacilityMilledgeville Budget: Operating Expenses/Payments to Central State Hospital $ 4,386,565 Other Contractual Expense $ 0 Total Funds Budgeted $ 4,386,565 State Funds Budgeted $ 3,000,295 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 $ 1,856,864 Regular Operating Expenses $ 158,967 Travel $ 65,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 22,000 Equipment Purchases $ 7,800 Per Diem and Fees $ 8,800 Computer Charges $ 385 Other Contractual Expense $ 0 Grants to Confederate Widows $ 17,186 Operating Expense/Payments to Central State Hospital $ 4,386,565 Operating Expense/Payments to Medical College of Georgia $ 1,737,454 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 42. Workmen's Compensation Board . Budget Unit: Workmen's Compensation Board $ 2,028,687 1. Workmen's Compensation Administration Budget: Personal Services $ 1,366,358 Regular Operating Expenses $ 223,365 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,000 Equipment Purchases $ 39,012 Per Diem and Fees $ 82,050 Computer Charges $ 160,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,901,785 State Funds Budgeted $ 1,901,785 Total Positions Budgeted 93 2. Vocational Rehabilitation Budget: Personal Services $ 103,462 Regular Operating Expenses $ 4,440 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,000 Equipment Purchases $ 6,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 126,902 State Funds Budgeted $ 126,902 Total Positions Budgeted 10 Budget Unit Object Classes: Personal Services $ 1,469,820 Regular Operating Expenses $ 227,805 Travel $ 26,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 18,000 Equipment Purchases $ 45,012 Per Diem and Fees $ 82,050 Computer Charges $ 160,000 Other Contractual Expense $ 0 Section 43 . In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel 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 44 . No State appropriations authorized under this Act shall be used to

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continue programs currently funded by 100% Federal funds. 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

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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 1976 regular 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 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

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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 Georgia General Assembly during its 1976 regular session. 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. Section 50. TOTAL APPROPRIATIONS F.Y. 1976$ 1,790,000,000.

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Section 51 . The State Auditor and other fiscal officers of the State are hereby authorized and directed to utilize available surplus funds to increase the working reserve to $30,000,000 as of June 30, 1976. 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. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . Any Part, Section, or Subsection of 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), as amended by an Act approved July 3, 1975 (Ga. L. 1975, Ex. Sess., p. 1734), which is inconsistent with this Act is hereby repealed. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 26, 1976. PUBLIC EMPLOYEESBLOOD DONATION LEAVES OF ABSENCE AUTHORIZED. No. 759 (Senate Bill No. 177). An Act to authorize leaves of absence for public employees when the absence is to permit the employee to participate in blood donation; 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 . Leaves of absence for blood donations. Each State, county and municipal officer and employee in this State shall be allowed a leave of absence of not more than eight hours in each calendar year without loss of pay for the purpose of donating blood. This absence shall be computed at two hours per donation, up to four times per year. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 3, 1976. PUBLIC AGENCIES, ETC.MEMBERSPER DIEM COMPENSATION LIMITED. No. 760 (Senate Bill No. 274). An Act to prohibit members of public agencies, boards, bureaus, commissions, authorities or other bodies, who are paid on a per meeting basis, from receiving additional compensation for attending mor than one meeting of such agency, board, bureau, commission, authority, or body in any one calendar day; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . No member of a public agency, board, bureau, commission, authority or body, who is paid on a per meeting basis, shall be paid for more than one meeting in any one calendar day. Compensation limited.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 3, 1976. CRIMINAL PROCEDURECERTAIN WEAPON DISPOSITION AUTHORIZED. Code 27-3102 Amended. No. 761 (Senate Bill No. 280). An Act to amend Code section 27-3102, relating to the sale and destruction of weapons, so as to provide that weapons used in the commission or attempted commission of a crime may be destroyed when no longer needed for evidentiary purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 27-3102, relating to the sale and destruction of weapons, is hereby amended by adding between the word person, and the word any, the following: and when no longer needed for evidentiary purposes,, so that when so amended Code section 27-3102 shall read as follows: 27-3102. Sale or destruction of weapons . At such time as there shall be a final judgment entered finding the accused guilty of the commission or attempted commission of a crime against any person, and when no longer needed for evidentiary purposes, any such device which was used as a weapon in the commission of such crime shall be turned over by the person having custody of such device to the sheriff of the county wherein such device was confiscated. The sheriff shall within 90 days after receiving said device either destroy the same or advertise it for sale in such manner as other sheriff's sales are advertised and shall sell

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such devices to the highest bidder at the next sheriff's sale conducted after the completion of the advertisements; Provided, that, if the weapon used in such crime is not the property of the accused, there shall be no forfeiture of such weapon. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 3, 1976. BANKS AND BANKINGBANK HOLDING COMPANIES REDEFINED, ETC. Code Chapter 13-2 Amended. No. 762 (House Bill No. 131). An Act to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking, as amended, so as to define and redefine certain terms; to authorize the Commissioner of the Department of Banking and Finance to regulate the acquisition and control of stocks in banks and bank holding companies by bank holding companies and to prescribe the standards under which such regulation shall be exercised; to provide that bank holding companies and subsidiaries or affiliates thereof shall be regulated, controlled and examined by the Commissioner of the Department of Banking and Finance; to provide for rules, regulations, practices and procedures; to provide for registration with, and reports to, the Commissioner of the Department of Banking and Finance by bank holding companies; to limit the acquisition, holding or control of shares of certain banks; 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 13-2, relating to preliminary provisions

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relative to banks and banking, as amended, is hereby amended by striking subsection (e) of Code section 13-201.1, relating to other definitions, as amended, and inserting in lieu thereof a new subsection (e), to read as follows: (e) The term `bank holding company' as used in this Title means `bank holding company' as defined in Code section 13-207. Code 13-201.1 amended. Section 2 . Said Code Chapter is further amended by striking Code section 13-207, relating to bank holding companies, and inserting in lieu thereof a new Code section 13-207, to read as follows: 13-207. Bank holding companies .(a) (1) Except as provided in paragraph (5) of this subsection, `bank holding company' means any company which has control over any bank or over any company that is or becomes a bank holding company by virtue of this Chapter. (2) Any company has control over a bank or over any company if: (A) the company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote 25 per centum or more of any class of voting securities of the bank or company; (B) the company controls in any manner the election of a majority of the directors or trustees of the bank or company; or (C) the Commissioner determines, after notice and opportunity for hearing, that the company directly or indirectly exercises a controlling influence over the management or policies of the bank or company. (3) For the purposes of any proceeding under paragraph (2) (C) of this subsection, there is a presumption that any company which directly or indirectly owns, controls, or has power to vote less than five per centum of any class of voting

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securities of a given bank or company does not have control over that bank or company. (4) In any administrative or judicial proceeding under this Chapter, other than a proceeding under paragraph (2) (C) of this subsection, a company may not be held to have had control over any given bank or company at any given time unless that company, at the time in question, directly or indirectly owned, controlled, or had power to vote five per centum or more of any class of voting securities of the bank or company, or had already been found to have control in a proceeding under paragraph (2) (C). (5) Notwithstanding any other provision of this subsection: (A) No bank and no company owning or controlling voting shares of a bank is a bank holding company by virtue of its ownership or control of shares in a fiduciary capacity, except as provided in paragraphs (2) and (3) of subsection (g) of this section. For the purpose of the preceding sentence, bank shares shall not be deemed to have been acquired in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto; except that this limitation is applicable in the case of a bank or company acquiring such shares prior to July 1, 1975, only if the bank or company has the right consistent with its obligations under the instrument, agreement, or other arrangement establishing the fiduciary relationship to divest itself of such voting rights and fails to exercise that right to divest within a reasonable period not to exceed one year after July 1, 1975. (B) No company is a bank holding company by virtue of its ownership or control of shares acquired in securing or collecting a debt previously contracted in good faith, until two years after the date of acquisition. (6) For the purposes of this Title, any successor to a bank holding company shall be deemed to be a bank holding company from the date on which the predecessor company became a bank holding company.

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(b) `Company' means any corporation, partnership, business trust, association, or similar organization, or any other trust unless by its terms it must terminate within 25 years or not later than 21 years and ten months after the death of individuals living on the effective date of the trust, but shall not include any corporation the majority of the shares of which are owned by the United States or by any state. (c) The term `bank' as used in this section means the same as defined in Code section 13-201. (d) `Subsidiary', with respect to a specified bank holding company, means (1) any company 25 per centum or more of whose voting shares (excluding shares owned by the United States or by any company wholly owned by the United States) is directly or indirectly owned or controlled by such bank holding company, or is held by it with power to vote; (2) any company the election of a majority of whose directors is controlled in any manner by such bank holding company; or (3) any company with respect to the management or policies of which such bank holding company has the power, directly or indirectly, to exercise a controlling influence, as determined by the Commissioner, after notice and opportunity for hearing. (e) The term `successor' shall include any company which acquires directly or indirectly from a bank holding company shares of any bank, when and if the relationship between such company and the bank holding company is such that the transaction effects no substantial change in the control of the bank or beneficial ownership of such shares of such bank. The Commissioner may, by regulation, further define the term `successor' to the extent necessary to prevent evasion of the purposes of this Title. (f) `Commissioner' means the Commissioner of the Department of Banking and Finance of the State of Georgia. (g) For the purposes of this Title: (1) shares owned or controlled by any subsidiary of a

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bank holding company shall be deemed to be indirectly owned or controlled by such bank holding company; (2) shares held or controlled directly or indirectly by trustees for the benefit of (A) a company, (B) the shareholders or members of a company, or (C) the employees (whether exclusively or not) of a company, shall be deemed to be controlled by such company; and (3) shares transferred after July 1, 1975, by any bank holding company (or by the company which, but for such transfer, would be a bank holding company) directly or indirectly to any transferee that is indebted to the transferor, or has one or more officers, directors, trustees, or beneficiaries in common with or subject to control by the transferor, shall be deemed to be indirectly owned or controlled by the transferor unless the Commissioner, after opportunity for hearing, determines that the transferor is not in fact capable of controlling the transferee. Section 3 . Said Code Chapter is further amended by adding, following Code section 13-207, a new Code section, to be designated Code section 13-207.1, to read as follows: 13-207.1. Acquisition of bank shares or assets; prior approval of Commissioner as necessary; exceptions .(a) On and after July 1, 1975, it shall be unlawful, except with the prior approval of the Commissioner, (1) for any action to be taken that causes any company to become a bank holding company; (2) for any action to be taken that causes a bank to become a subsidiary of a bank holding company; (3) for any bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition such company will directly or indirectly own or control more than five per centum of the voting shares of such bank; (4) for any bank holding company or subsidiary thereof, other than a bank, to acquire all or substantially all of the assets of a bank; (5) for any bank holding company to merge or consolidate with any other bank holding company; or (6) for any bank holding company to take any action which would violate the Federal

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Bank Holding Company Act. Notwithstanding the foregoing, this prohibition shall not apply to (A) shares acquired by a bank, (i) in good faith in a fiduciary capacity, except where such shares are held under a trust that constitutes a company as defined in Code section 13-207 (b) and except as provided in paragraphs (2) and (3) of Code section 13-207 (g) or (ii) in the regular course of securing or collecting a debt previously contracted in good faith, but any shares acquired after July 1, 1975, in securing or collecting any such previously contracted debt shall be disposed of within a period of two years from the date on which they were acquired or (B) additional shares acquired by a bank holding company in a bank in which such bank holding company owned or controlled a majority of the voting shares prior to such acquisition. For the purpose of the preceding sentence, bank shares acquired after July 1, 1975, shall not be deemed to have been acquired in good faith in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto, but in such instances acquisitions may be made without prior approval of the Commissioner if the Commissioner, upon application filed within 90 days after the shares are acquired, approves retention or, if retention is disapproved, the acquiring bank disposes of the shares or its sole discretionary voting rights within two years after issuance of the order of disapproval. (b) The Commissioner shall not approve: (1) any acquisition or merger or consolidation under this section which would result in a monopoly, or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the State of Georgia, or (2) any other proposed acquisition or merger or consolidation under this section whose effect in any section of the State may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint of trade, unless it finds that the anticompetitive effects of the proposed transaction are

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clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served. In every case, the Commissioner shall take into consideration the financial and managerial resources and future prospects of the company or companies and the banks concerned, and the convenience and needs of the community to be served. (c) Nothing contained in this section shall affect the obligation of any person or company to comply with the provisions of any order of any Court or the Commissioner entered prior to the effective date of this Act. (d) The Commissioner shall not grant any such contemplated approval until he shall first cause reasonable public notice of the proposed action to be given in the area to be affected and until he shall first afford to the public an opportunity to submit for the Commissioner's consideration information, objections and opinion as to the proposed action and its' effect. Section 4 . Said Code Chapter is further amended by adding thereto a new Code section, to be designated Code section 13-207.2, to read as follows: 13-207.2. Registration and reporting of bank holding companies .(a) On July 1, 1975, and annually thereafter on dates established by the Commissioner, each bank holding company shall register with the Commissioner on forms provided or prescribed by him, which shall include such information with respect to the financial condition, operation, management and inter-company relationships of the bank holding company and its subsidiaries and related matters as the Commissioner may deem necessary or appropriate to carry out the purposes of this Chapter. (b) The Commissioner is authorized to issue such regulations and orders as may be necessary to enable him to administer and carry out the purposes of this section and prevent evasions thereof.

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(c) The Commissioner from time to time may require reports under oath to keep him informed as to whether the provisions of this section and such regulations and orders thereunder issued by him have been complied with, may make examinations of each bank holding company and each subsidiary thereof, the cost of which may be assessed against and paid by such holding company, and shall, as far as possible, use the reports of examination made by the Comptroller of the Currency, Federal Deposit Insurance Corporation or the Board of Governors of the Federal Reserve System for the purposes of this section. (d) Bank Holding Companies and subsidiaries or affiliates thereof shall be regulated, controlled and examined by the Commissioner of Banking to the same extent that he regulates, controls and examines State Banks and other financial institutions under his jurisdiction, which would be in addition to the authority of the Federal Reserve Board as fixed by the laws of the United States. The Commissioner of Banking is hereby authorized, directed and required to promulgate, with precision, rules and regulations and investment procedures in the regulation, examination and control of Bank Holding Companies doing business in this State. Section 5 . Said Code Chapter is further amended by adding thereto a new Code section to be designated Code section 13-207.3, to read as follows: 13-207.3. Unlawful acquisitions .On and after July 1, 1975, it shall be unlawful for any bank holding company as defined in this Title to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition such bank holding company will directly or indirectly own or control more than five per centum of the voting shares of such bank unless such bank has been in existence and continuously operating as a bank for a period of five years or more prior to the date of application to the Commissioner for approval of such acquisition. Section 6 . 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. Severability. Section 7 . This Act shall become effective on July 1, 1975. Effective date. Section 8 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 3, 1976. LEGISLATIVE SERVICES COMMITTEE ACT AMENDEDORGANIZATION PROVIDED, ETC. No. 764 (House Bill No. 754). An Act to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved March 10, 1959 (Ga. L. 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 230), an Act approved March 11, 1964 (Ga. L. 1964, p. 459), an Act approved March 24, 1965 (Ga. L. 1965, p. 270), an Act approved March 18, 1966 (Ga. L. 1966, p. 586), an Act approved April 2, 1969 (Ga. L. 1969, p. 232), an Act approved April 24, 1969 (Ga. L. 1969, p. 635), and an Act approved March 11, 1971 (Ga. L. 1971, p. 67), so as to provide for the organization of the Committee; to provide for powers and authority of the Committee; to provide for duties and authority of the Legislative Counsel; to provide for legal services; to provide for personnel; to provide for payment from legislative funds; to change the provisions relating to statutory and code revision; to provide for

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funds; 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 creating the Legislative Services Committee and the Office of Legislative Counsel, approved March 10, 1959 (Ga. L. 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 230), an Act approved March 11, 1964 (Ga. L. 1964, p. 459), an Act approved March 24, 1965 (Ga. L. 1965, p. 270), an Act approved March 18, 1966 (Ga. L. 1966, p. 586), an Act approved April 2, 1969 (Ga. L. 1969, p. 635), and an Act approved April 24, 1969 (Ga. L. 1969, p. 635), and an Act approved March 11, 1971 (Ga. L. 1971, p. 67), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. There is hereby created the `Legislative Services Committee', hereinafter called the Committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the Chairman of the Appropriations Committee of the Senate, the Chairman of the Appropriations Committee of the House of Representatives, the Chairman of the Judiciary Committee of the Senate, the Chairman of the Judiciary Committee of the House of Representatives, the Chairman of the Banking, Finance and Insurance Committee of the Senate, the Chairman of the Ways and Means Committee of the House of Representatives, the Clerk of the House of Representatives, and the Secretary of the Senate. The Speaker of the House of Representatives shall be Chairman of the Committee and the Secretary of the Senate shall be Secretary of the Committee. The members of the Committee shall receive no additional allowances for service on the Committee while the General Assembly is in session but for each day spent in the performance of their duties hereunder between sessions, the members shall receive the allowances authorized by law for legislative members of interim legislative committees. The Committee shall meet on call of the Chairman. Six members of the Committee shall constitute a quorum and the affirmative

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vote of a majority of those members present at a meeting of the Committee, provided such members present constitute a quorum, shall be necessary to transact business of the Committee. The Chairman shall be entitled to vote on all matters requiring a vote of the Committee. Organization. Section 2 . Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The Committee is hereby empowered to study and adopt methods and procedures to operate more efficiently the General Assembly and each House thereof. It is empowered to study and adopt methods and procedures to make more uniform the operations of the Senate and the House of Representatives. It shall have general supervision over the operation of the Legislative Branch of Government and is empowered to act for and to enter into contracts on behalf of agencies of the Legislative Branch, the General Assembly and each House thereof. It is empowered to provide for services for the Legislative Branch of Government. It is empowered to delegate such of its powers and authority as it deems advisable. Powers. The Committee shall have complete control, authority and jurisdiction over the rooms, chambers, offices and other areas on the third and fourth floors of the State Capitol Building and on the Mezzanine between such third and fourth floors. All assignments for the use of such rooms, chambers, offices and other areas by the General Assembly, the Senate, the House of Representatives, Committees of the Senate and the House, Members of the Senate and House, and agencies, officials and employees of the Legislative Branch of Government shall be made by the Committee or under such procedure as the Committee shall provide. Any such assignment shall be subject to change by the Committee. Use of any such room, chamber, office or other area, other than as provided above, shall be under such procedure as the Committee shall provide. The Committee is authorized to provide for the maintenance, repairing, construction, reconstruction, furnishing and refurbishing of such rooms, chambers, offices and other areas. The Committee is authorized

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to provide for such procedures as it deems advisable for the purpose of carrying out the provisions of this section. Section 3 . Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. There is hereby created the Office of Legislative Counsel. The Legislative Counsel shall be an attorney skilled and experienced in legislative matters and bill drafting. It shall be the duty of the Legislative Counsel to provide bill drafting services equally available to every member of the General Assembly. He shall advise and counsel with members of the General Assembly on legislative matters. He is authorized to provide for statutory and code revision, render opinions, assist standing and interim committees and perform similar legislative functions. He is authorized to perform research and to issue reports and make recommendations as a result thereof. He is authorized to exchange information, data and material with similar agencies in other States. He is authorized to provide legal services for the Legislative Branch of Government and, with the approval of the Committee or the Chairman, to represent the interests of the Legislative Branch in matters involving litigation. Any other provisions of law to the contrary notwithstanding, he is authorized to engage the services of others, including private counsel, by contract or otherwise, to assist him in the performance of his duties, and is authorized to provide for the payment of fees, compensation and expenses therefor from legislative funds. The Legislative Counsel shall have such other authority and duties as the Committee may provide. Legislative Counsel. Section 4 . Said Act is further amended by striking the first paragraph of section 5 and inserting in lieu thereof a new first paragraph of section 5 to read as follows: Personnel to assist the Legislative Counsel, the Legislative Fiscal Officer and the Legislative Budget Analyst shall be employed under such procedure as the Committee shall provide. The Legislative Counsel, the Legislative Fiscal

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Officer, the Legislative Budget Analyst and such personnel shall be compensated under such procedure as the Committee shall provide. Such personnel shall be subject to the supervision of the respective three officials with reference to the duties of their employment. The Committee shall provide office space for such officials and personnel and they shall be furnished with supplies, materials, furniture, furnishings, books, equipment and services. Personnel. Section 5 . Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. The Legislative Counsel, with the approval of the Committee, is hereby authorized to provide for advisory committees relative to statutory and code revision. He is authorized to seek the advice and assistance of the State Bar of Georgia, law schools and individuals and organizations knowledgeable in this field. Advisory Committees. Section 6 . Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. The funds necessary to carry out the provisions of this Act shall be paid from the funds provided for the Legislative Branch of Government. 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 February 3, 1976.

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STATE AND LOCAL AUTHORITIESCONTRACTS FOR SUPPLIES, ETC.CERTAIN PREFERENCE REQUIRED. No. 766 (House Bill No. 1018). An Act to require State and local authorities created by law in this State in the purchase of and contracting for supplies, materials, equipment and agricultural products to give preference to materials, supplies, equipment and agricultural products manufactured or produced in the State; to provide that such preference shall not sacrifice price or quality; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . State and local authorities created by law in this State in the purchase of and contracting for any supplies, materials, equipment and agricultural products shall give preference as far as may be reasonable and practicable to such materials, supplies, equipment and agricultural products as may be manufactured or produced in this State. Such preference shall not sacrifice price or quality. Preference. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 3, 1976. POWER PLANT SITING STUDY COMMITTEE CREATED. No. 90 (Senate Resolution No. 123). A Resolution. Creating the Power Plant Siting Study Committee; and for other purposes.

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Whereas, this Nation and this State are faced with an energy crisis of disturbing proportions; and Whereas, the increased production of electric power in this county is essential for the economic well-being of this country; and Whereas, the unnecessary legal obstacles regarding location of power plants caused by conflicting governmental regulations and bureaucratic delays need to be removed; and Whereas, reasonable laws and regulations to protect the public health and welfare should be developed to regulate power plant siting; and Whereas, a joint study committee of the General Assembly could develop proposed legislation to streamline the administrative and legal processes by which the location of a power plant is approved by all levels of government. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Power Plant Siting Study Committee to be composed of three members of the Senate appointed by the President of the Senate and three members of the House appointed by the Speaker of the House. The President of the Senate shall appoint a chairman from the membership of the committee and the Speaker shall appoint a vice chairman from the membership of the committee. The committee shall develop proposed legislation to streamline the laws and regulations applicable to power plant siting in this State. Be it further resolved that each member of the committee shall receive the expenses and allowances provided by law for legislative members of interim committees but shall not receive the same for more than ten days unless additional days are authorized by the President of the Senate and the Speaker of the House. Funds necessary to

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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 the convening of the 1977 regular session of the General Assembly, at which time the committee shall stand abolished. Approved February 13, 1976. LANIER PARKWAY DESIGNATED. No. 92 (House Resolution No. 307-1138). A Resolution. Designating Interstate Highway 365 (I-365) as the Lanier Parkway; and for other purposes. Whereas, Interstate Highway 365 between Interstate Highway 85 and the City of Gainesville, Georgia, is used by thousands of Georgians and visitors to the State as the major access to Lake Sidney Lanier; and Whereas, Lake Lanier has become one of the major recreational areas in the United States, attracting over 15,000,000 visitors in 1973; and Whereas, it would be fitting and proper to designate I-365 as the Lanier Parkway in recognition of the major importance of Lake Lanier to the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that Interstate Highway 365 (I-365) between Interstate Highway 85 (I-85) and the City of Gainesville, Georgia, is hereby designated as the Lanier Parkway. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to

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transmit an appropriate copy of this resolution to the Director of the State Department of Transportation. Approved February 13, 1976. PROPOSED AMENDMENT TO THE UNITED STATES CONSTITUTION REQUESTED. No. 93 (House Resolution 469-1267). A Resolution. Applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes. Be it resolved by the General Assembly of Georgia: That this body respectfully petitions the Congress of the United States to call a convention for the specific and exclusive purpose of proposing an amendment to the Constitution of the United States to require a balanced federal budget and to make certain exceptions with respect thereto. Be it further resolved that this application by the General Assembly of the State of Georgia constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made similar applications pursuant to Article V, but if Congress proposes an amendment to the Constitution identical in subject matter to that contained in this Resolution before January 1, 1977, this petition for a Constitutional Convention shall no longer be of any force or effect. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and instructed to

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transmit a duly attested copy of this Resolution to the Secretary of the Senate of the United States Congress, the Clerk of the House of Representatives of the United States Congress, to the Presiding Officer of each House of each State Legislature in the United States, and to each member of the Georgia Congressional Delegation. Approved February 13, 1976. OPTOMETRYCERTAIN DELINQUENCY PENALTY INCREASED. Code Chapter 84-11 Amended. No. 773 (Senate Bill No. 84). An Act to amend Code Chapter 84-11, relating to the practice of optometry, as amended, so as to increase the delinquency penalty for failure to renew registration annually; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 84-11, relating to the practice of optometry, as amended, is hereby amended by striking subparagraph (1) of Code section 84-1105 in its entirety and inserting in lieu thereof a new subparagraph (1), to read as follows: (1) The applicant shall be registered and given a certificate of registration if he holds a valid license from such other State boards of optometry as may be, under the rules of comity, recognized by the Georgia State Board of Examiners in Optometry. The fee for registering such applicant shall be $50.00. A person practicing optometry who has been registered and given a certificate of registration under the rules of comity, who fails to pay the annual registration fee of $25.00 annually on or before January 10th in

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each year, shall forfeit the certificate of registration of such person and such person may be reinstated by paying all past due registration fees and an additional fee of $150.00. Code 84-1105 amended. Section 2 . Said Code Chapter is further amended by striking the following paragraph of Code section 84-1109: Failure to register, pay the registration fee, or submit satisfactory proof of annual training shall forfeit the certificate of the delinquent optometrist, but a practitioner's certificate may be restored upon payment of all delinquent registration fees, a penalty of $25.00 and the submission of satisfactory proof of annual training within the preceding 12-month period., in its entirety and inserting in lieu thereof a new paragraph, to read as follows: Failure to register, pay the registration fee, or submit satisfactory proof of annual training shall forfeit the certificate of the delinquent optometrist, but a practitioner's certificate may be restored upon payment of all delinquent registration fees, a penalty of $150.00, and the submission of satisfactory proof of annual training within the preceding 12-month period. Code 84-1109 amended. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1976. CRIMESENTERING AUTOMOBILE WITH CERTAIN CRIMINAL INTENT PENALIZED. Code Chapter 26-18 Amended. No. 774 (Senate Bill No. 198). An Act to amend Code Chapter 26-18, relating to theft, as amended, to provide that any person breaking and entering an automobile with the intent to commit a theft or a

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felony shall be guilty of a felony; to provide for penalties; to provide for the reduction of punishment; 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 26-18, relating to theft, as amended, is hereby amended by adding a new Code section between Code sections 26-1813 and 26-1814 to be designated Code section 26-1813.1 and to read as follows: 26-1813.1 Entering automobile . If any person shall enter any automobile or other motor vehicle with the intent to commit a theft or a felony, he 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, in the discretion of the trial judge, as for a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1976. DEPARTMENT OF AGRICULTURE REGISTRATION, LICENSE AND PERMIT ACT AMENDED. No. 775 (Senate Bill No. 460). An Act to amend an Act known as the Department of Agriculture Registration, License and Permit Act, approved March 10, 1966 (Ga. L. 1966, p. 307), so as to provide that all license, registration and permit certificates published by the Department of Agriculture shall, upon issuance, be permanent evidence of the pertinent license, registration and permit and to preclude the necessity of republication and reissuance of certificates for periodically renewable licenses, registrations and permits; 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 known as the Department of Agriculture Registration, License and Permit Act, approved March 10, 1966 (Ga. L. 1966, p. 307), is hereby amended by inserting after section 6 of the Act, and before section 7, a new section 6A, to read as follows: Section 6A. All license, registration and permit certificates published by the Department of Agriculture shall, upon issuance, be permanent evidence of the pertinent licenses, registrations and permits they are published for until surrender, abandonment, revocation, cancellation, or nonrenewal, and no subsequent republication and reissuance of certificates for periodically renewable licenses, registrations and permits by the Department of Agriculture shall be necessary; provided, however, that all conditions and fees for sustained effectiveness and renewal as now required by law must be satisfied for continued enjoyment of the pertinent license, registration or permit. 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 13, 1976. MUNICIPALITIESSERVICE OF PROCESS, ETC., PROVIDED. No. 776 (House Bill No. 214). An Act to amend an Act approved February 27, 1962 (Ga. L. 1962, p. 140), as amended, and particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 778), which granted certain specified powers and authority to the incorporated municipalities of this State, so as to authorize

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such municipalities to empower certain officers, agents and employees to serve upon persons therein named certain notices, orders, process, summons and other official papers requiring service; to authorize the several sheriffs, marshals and constables in any county to serve any such official papers under 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 approved February 27, 1962 (Ga. L. 1962, p. 140, et seq.), as amended, and particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 778), which granted certain specified powers and authority to the incorporated municipalities of this State, is hereby amended by adding the following at the end of section 2(a) of said Act as now or hereafter amended; ; and to authorize any of such officers, agents and employees of a municipality to serve in any manner prescribed by applicable law, any process, summons, notice or order on all persons (as defined in Code section 102-103) therein named where the paper to be served arises out of or relates to an activity or condition, other than a single isolated act or omission, conducted or maintained by such person within the territorial jurisdiction of the municipality in violation of an applicable law or ordinance covering the following: municipal housing, building, electrical, plumbing, heating, ventilating, air condition, air and water pollution control and other technical or environmental codes; municipal business, occupation and professional license tax ordinances, municipal privilege license or permit ordinances; and originates in or is issued under the authority of the department or branch of municipal government employing such officer, agent or employee, and only when each and every day the condition is maintained or the activity is conducted is made a separate municipal offense by applicable law or ordinance. Where any such paper names one or more persons who reside outside the territorial jurisdiction of such municipality, the several sheriffs, marshals and constables of the several counties of this State are hereby authorized and directed

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to serve any such paper and make appropriate return of such service, as other process is by them now or hereafter served and returned, on such named persons residing in their respective jurisdictions upon receipt of written request to make such service and for the fees allowed for service of process issued by the superior courts of this State;. Service. Section 2 . Nothing in this Act is intended nor shall be construed to enlarge, diminish or change any procedure whereby a person may arrest or be arrested or property subjected to levy or lien by reason of an offense committed or a condition maintained within the territory under the jurisdiction of a municipality. Exclusion. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1976. REVENUEWATER COMPANIESTAX RETURNS EXCLUDED FROM FILING WITH REVENUE COMMISSIONER. No. 777 (House Bill No. 391). An Act to amend an Act known as the General Tax Act approved March 28, 1935 (Ga. L. 1935, pp. 11, 64), as amended, relating to tax returns by railroads and public utility companies, so as to provide that annual tax returns of companies doing a water business shall not be filed with the State Revenue Commissioner; to provide for 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 known as the General Tax Act approved March 28, 1935 (Ga. L. 1935, pp. 11, 64), as amended, relating to tax returns by railroads and public utility companies, is hereby amended by striking from subsection 1 of section 9 of said Act the word water so that when amended subsection 1 of section 9 of said Act shall read as follows: Section 9. Railroads. Return, to Whom Made . (1) Be it further enacted by the authority aforesaid, that all railroad companies, street and suburban railroads, or sleeping car companies, or persons or companies operating railroads or street railroads or suburban railroads or sleeping cars in this State, all express companies, including railroad companies doing express, telephone, or telegraph business, all gas, electric light or power, hydroelectric power, steam heat, refrigerated air, dockage or cranage, canal, toll road, toll bridges, railroad equipment and navigation companies, person or persons doing a gas, electric light or power, hydroelectric power, steam heat, refrigerated air, dockage or cranage, canal, toll roar, toll bridge, railroad equipment, or navigation business, through their president, general manager, owner, or agent having control of the company's offices in this State, shall be required to make annual tax returns of all property of said company located in this State to the State Revenue Commissioner; and the laws now in force providing for the taxation of railroads in this State, shall be applicable to the assessment of taxes from said businesses as above stated. Provided, that small telephone companies, or person or persons doing a telephone business, whose capital stock or property is of less value than $5,000.00 shall be required to make returns to the Tax Receivers of the counties in which such property is located, instead of making returns to the State Revenue Commissioner.

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Section 2 . This Act shall become effective for all tax years beginning on or after January 1, 1976. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1976. INCOME TAX ACTSECRECY REQUIREMENTS CHANGED. Code 92-3216 Amended. No. 778 (House Bill No. 783). An Act to amend section 92-3216 of the Code of Georgia of 1933, as amended by Ga. L. 1971, p. 819, and Ga. L. 1973, p. 568, relating to the secrecy required of officials of the Department of Revenue with regard to the amount of income or any other particulars set forth or disclosed in any report or return required under the Income Tax Act of 1931, so as to provide that such secrecy provisions shall not be amended unless specific reference is made to such section and to the disclosure of income tax information; 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 92-3216 of the Code of Georgia of 1933, as amended by Ga. L. 1971, p. 819, and Ga. L. 1973, p. 568, relating to the secrecy required of officials of the Department of Revenue with regard to the amount of income or any other particulars set forth or disclosed in any report or return required under the Income Tax Act of 1931, is hereby amended by adding to the present section 92-3216 the following: Notwithstanding the provisions of any other Law, the provisions of this section shall remain in full force and effect,

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unless specific reference is made in such other Law to this section and to the disclosure of income tax information contained in any report or return required under this law. Code 92-3216 amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Section 3 . This Act shall become effective upon its approval by the Governor, or upon its becoming law without his approval. Effective date. Approved February 13, 1976. TRUSTSTRANSFER OF PROPERTY TO THE STATE, ETC.IMPLIED TRUST DOES NOT ARISE, ETC. No. 779 (House Bill No. 922). An Act to provide that payment of purchase money or any other consideration by any person, which payment causes or partially causes property, real or personal or mixed to be transferred to the State, shall not result in nor imply a trust, nor permit the inference that a trust was created, nor permit the inference that any other interest in law or equity was created either in favor of the person making such payment or in favor of any other person, unless such trust or other interest is established expressly in writing; to provide that any such payment of purchase money or other consideration is conclusively presumed to be a gift to the State; to define person as used in this Act; to define State as used in this Act; to provide for severability; 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 . Payment of purchase money or any other consideration by any person, which payment causes or partially causes property, real or personal or mixed to be transferred to the State, shall not result in nor imply a trust,

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nor permit the inference that a trust was created, nor permit the inference that any other interest in law or equity was created either in favor of the person making such payment or in favor of any other person, unless such trust or other interest is established expressly in writing. Section 2 . Payment of purchase money or any other consideration by any person, which payment causes or partially causes property, real or personal or mixed to be transferred to the State, shall be conclusively presumed to be a gift to the State. Section 3 . When the following words appear in this Act, they shall have the meaning hereinafter respectively ascribed to them. (A) The word person shall mean any individual, general or limited partnership, joint venture, firm, private, public or public service corporation, association, unincorporated association, fiduciary or any other entity other than the State. Definitions. (B) The word State shall mean the State of Georgia, its Agencies, Departments, Divisions, Bureaus, Boards, Commissions, Authorities and Associations. Section 4 . 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 adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain in full force and effect, as if the section, subsection, sentence clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Approved February 13, 1976. CERTAIN TRADEMARK PROTECTION ACT REPEALED. No. 781 (House Bill No. 1259). An Act to repeal an Act entitled An Act to protect trademark owners, producers, distributors and the general public against injurious and uneconomic practices in the distribution of competitive commodities bearing a distinguishing trade-mark, brand or name, through the use of voluntary contracts establishing minimum resale prices; to declare the public policy of Georgia with respect to property rights, trade-marks, good will, and the right and freedom to contract, and to exercise the police powers of the State of Georgia so as to forbid the conduct of business in such manner as to infringe the equal rights of others, and to protect the general public against practices which may have the effect, or be intended to have the effect, of defeating or lessening competition or encouraging monopoly, by authorizing contracts stipulating minimum resale prices on commodities bearing trade-marks, brands or names, and defining as unfair competition and making actionable knowingly and wilfully to advertise for sale, offer for sale, or sell such commodities at less than the minimum prices established or stipulated in or under the contracts authorized by this Act, whether the person so advertising for sale, offering for sale or selling is or not a party to such contracts and by providing for actions by the Attorney-General of the State of Georgia to restrain the enforcement of such contracts in which the commodities to which such contracts pertain are not in free and open competition with commodities of the same general class produced or distributed by a competitor of

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the producer or distributor of such commodities, and for other purposes., approved January 6, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 549); 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 protect trademark owners, producers, distributors and the general public against injurious and uneconomic practices in the distribution of competitive commodities bearing a distinguishing trade-mark, brand or name, through the use of voluntary contracts establishing minimum resale prices; to declare the public policy of Georgia with respect to property rights, trade-marks, good will, and the right and freedom to contract, and to exercise the police power of the State of Georgia so as to forbid the conduct of business in such manner as to infringe the equal rights of others, and to protect the general public against practices which may have the effect, or be intended to have the effect, of defeating or lessening competition or encouraging monopoly, by authorizing contracts stipulating minimum resale prices on commodities bearing trade-marks, brands or names, and defining as unfair competition and making actionable knowingly and wilfully to advertise for sale, offer for sale, or sell such commodities at less than the minimum prices established or stipulated in or under the contracts authorized by this Act, whether the person so advertising for sale, offering for sale or selling is or not a party to such contracts and by providing for actions by the Attorney-General of the State of Georgia to restrain the enforcement of such contracts in which the commodities to which such contracts pertain are not in free and open competition with commodities of the same general class produced or distributed by a competitor of the producer or distributor of such commodities, and for other purposes., approved January 6, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 549), is hereby repealed in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1976.

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MOTOR CONTRACT CARRIERS REDEFINED. Code 68-502 Amended. No. 782 (House Bill No. 1299). 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, as amended, so as to change the definition of the term motor carrier; 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, as amended, is hereby amended by striking from subparagraph (1) of subsection (c) the following: seven, and inserting in lieu thereof the following: nine, so that when so amended, subparagraph (1) of subsection (c) shall read as follows: (1) Motor vehicles engaged solely in transporting school children and teachers to and from public schools; cars and trucks hauling people and farm products exclusively between points not having railroad facilities, and not passing through or beyond municipalities having railroad facilities, where not more than nine passengers and/or one and one-half tons of freight are transported. Code 68-502 amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1976.

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MOTOR VEHICLE RECIPROCAL AGREEMENTS AUTHORIZED. No. 783 (House Bill No. 1352). An Act to amend an Act approved March 27, 1941 (Ga. L. 1941, p. 361), as amended particularly by an Act approved February 4, 1959 (Ga. L. 1959, p. 25), so as to provide that the Governor or his designees may enter into reciprocal agreements with other jurisdictions relative to motor vehicles; to provide for the negotiation of reciprocal agreements relating to the suspension, revocation, cancellation, and reinstatement of motor vehicle driver's licenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act approved March 27, 1941 (Ga. L. 1941, p. 361), as amended, particularly by an Act approved February 4, 1959 (Ga. L. 1959, p. 25), dealing with the negotiation of reciprocal agreements between states concerning motor vehicles is hereby amended by striking section I in its entirety and substituting in lieu thereof a new section I to read as follows: Section 1. The Governor of the State of Georgia, or his designees, is hereby authorized and directed to negotiate and consummate, with the proper authorities of the several states of the United States, the District of Columbia, and the territories and possessions of the United States, valid and binding reciprocal agreements whereby residents of such states, the District of Columbia, and the territories and possessions of the United States, operating motor vehicles, including common and contract motor carrier vehicles, properly licensed and registered in their respective jurisdictions, may have the same or substantially the same privileges or exemptions in the operation of their motor vehicles in this State, as residents of this State may have and enjoy in the operation in such other jurisdictions of their motor vehicles propertly licensed and registered in this State. Notwithstanding any provision of law to the

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contrary, the Governor, or his designees, may likewise negotiate and consummate valid and binding reciprocal agreements with the proper authorities of said jurisdictions relating to the suspension, revocation, cancellation, and reinstatement of motor vehicle driver's licenses. In the making of such agreements, due regard shall be had for the benefit and convenience of the motor vehicle owners and other citizens 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 February 13, 1976. STATE EMPLOYEESHEALTH INSURANCE PARTICIPATION CHANGED. No. 785 (House Bill No. 1370). An Act to amend an Act relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, particularly by an Act approved April 9, 1973 (Ga. L. 1973, p. 332), so as to authorize the State Personnel Board and the Governor to increase the maximum permissible participation and contribution to the health insurance plan for employees by the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, particularly by an Act approved April 9, 1973 (Ga. L. 1973, p. 332), is hereby amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11, to read as follows:

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Section 11. During any period in which an employee is covered under this Act prior to the date of his retirement, there shall be withheld from each salary payment, or other compensation, of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the Board. During any month in which benefits are being paid by the Employees Retirement System of Georgia to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the Board with the consent of the recipient. The various departments, boards, and agencies of the State Government shall contribute to this health insurance fund such portions of the cost of such benefits as may be established by the State Personnel Board and the Governor as funds become available in each department, board and agency not exceeding the sum of four percent of the total outlay for personal services in addition to an amount to be established by the Board to defray the cost of administration and the State's portion of the cost of benefits payable for annuitants. The Legislative Fiscal Officer shall contribute to this health insurance fund as an employer payment for and on behalf of all members of the General Assembly of the State of Georgia and its administrative and clerical personnel. The Department of Administrative Services shall contribute to said fund as an employer payment for and on behalf of District Attorneys of the superior courts of the State of Georgia. The amount of such contributions shall be such portions of the costs of such benefits as may be established by the State Personnel Board as a per centum of the total outlay for services rendered by members of the General Assembly of the State of Georgia, its administrative and clerical personnel, and the District Attorneys of the superior courts of the State of Georgia, and in addition thereto, an amount to be established by the Board to defray the cost of administration. 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 February 13, 1976. BANKINGLOANS BY INTERNATIONAL BANKING CORPORATIONS AUTHORIZED, ETC. Code 41A-3307 Amended. No. 792 (House Bill No. 1316). An Act to amend Code section 41A-3307, relating to the licensing and permissible activities of international banking corporations, so as to encourage international banking corporations to engage in business in this State; to authorize international banking corporations to make loans in this State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 41A-3307, relating to the licensing and permissible activities of international banking corporations, is hereby amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) of Code section 41A-3307, to read as follows: (e) An international banking corporation licensed under the terms of this Chapter to carry on business in this State shall be authorized to conduct a general banking business in like manner as banks existing under the laws of this State through its international bank agency, except that no such international banking corporation shall, through such agency, exercise fiduciary powers or receive deposits but may maintain for the account of others credit balances incidental to, or arising out of, the exercise of its lawful powers. Code 41A-3307 amended.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1976. CERTAIN SETTLEMENT WITH INJURED PERSONS PROHIBITED. No. 793 (Senate Bill No. 53). An Act to prohibit the obtaining of or attempt to obtain certain settlements, releases or statements from certain injured persons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . (a) No person whose interest is or may become adverse to an injured person who is confined to a hospital or sanitarium as a patient shall, within fifteen days from the date of the occurrence causing the person's injury: (1) negotiate or attempt to negotiate a settlement with the injured patient; or (2) obtain or attempt to obtain a general release of liability from the injured patient; or (3) obtain or attempt to obtain any statement, either written or oral from the injured patient, for use in negotiating a settlement or obtaining a release. (b) Any settlement agreement entered into or any general release of liability made by any person who is confined in a hospital or sanitarium after he incurs a personal injury which is obtained contrary to the provisions of subsection (a) shall not be evidential in any court action relating to the injury and shall not be utilized for any purpose in any legal action in connection therewith. Nothing in this Act is

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intended to preclude an interested party from visiting an injured party while confined as a patient to a hospital or sanitarium for purposes of expressing concern for the injured and/or determining the extent of injuries incurred. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1976. FIRE FIGHTER'S MEDIATION ACT AMENDED. No. 794 (Senate Bill No. 206). An Act to amend the Fire Fighter's Mediation Act, approved April 5, 1971 (Ga. L. 1971, p. 565), so as to delete therefrom an exception; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Fire Fighter's Mediation Act, approved April 5, 1971 (Ga. L. 1971, p. 565), is hereby amended by striking in its entirety section 16, which reads as follows: Section 16. Provided, however, that the provisions hereof shall not apply in consolidated city-county governments with a population of 150,000 or more by the census of 1970 or any future census. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1976. DISPOSITION OF UNCLAIMED PROPERTY ACT AMENDED. No. 795 (House Bill No. 542). An Act to amend an Act known as the Disposition of Unclaimed

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Property Act, approved April 3, 1972 (Ga. L. 1972, p. 762), so as to change the period of time after which certain property shall be presumed abandoned; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Disposition of Unclaimed Property Act, approved April 3, 1972 (Ga. L. 1972, p. 762), is hereby amended by striking in section 6 the following: fifteen years, and substituting in lieu thereof, the following: seven years, so that when so amended, section 6 shall read as follows: Section 6. Undistributed Dividends and Distributions of Business Associations . Any stock or other certificate of ownership, or any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to a shareholder, certificate holder, member, bondholder, or other security holder, or a participating patron of a cooperative, who has not claimed it, or corresponded in writing with the business association concerning it, within seven years after the date prescribed for payment or delivery is presumed abandoned if: (a) It is held or owing by a businss association organized under the laws of or created in this State; or (b) It is held or owing by a business association doing business in this State, but not organized under the laws of or created in this State, and the records of the business association indicate that the last known address of the person entitled thereto is in this State. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1976.

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ELECTIONSMAKING FALSE STATEMENTS PENALIZED. Code Title 34 Amended. Code Title 34A Amended. No. 798 (House Bill No. 903). An Act to amend Code Title 34, known as the Georgia Election Code, as amended, so as to require a certain affidavit in connection with qualifying for party nomination; to provide that making certain false statements shall constitute the crime of false swearing and to provide for penalties in connection therewith; to amend Code Title 34A, known as the Georgia Municipal Election Code, as amended, so as to require a certain affidavit in connection with qualifying for party nomination; to provide that making certain false statements shall constitute the crime of false swearing and to provide for penalties in connection therewith; 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 34, known as the Georgia Election Code, as amended, is hereby amended by adding at the end of Code section 34-1005, relating to qualification of candidates for party nomination, as amended, a new subsection to be designated subsection (d) and to read as follows: (d) Each candidate for party nomination described in subsection (a) of this Section shall file an affidavit with the political party at the time of his qualifying stating: (1) his residence with street and number, if any, and his post office address; (2) his profession, business or occupation, if any; (3) the name of his election district; (4) that he is an elector of the county of his residence eligible to vote in the primary election in which he is a candidate for nomination; (5) the name of the office he is seeking; (6) that he is eligible to hold such office; (7) that he has never been convicted and sentenced in any court of competent jurisdiction

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for fraudulent violation of primary or election laws, malfeasance in office, felony or crime involving moral turpitude, under the laws of this State, or any other State or of the United States; and (8) that he will not knowingly violate any provisions of this Code or of rules or regulations adopted thereunder. Code 34-1005 amended. Section 2 . Said Code Chapter is further amended by striking Code section 34-1901.1, relating to false statements in connection with notices of candidacy, in its entirety and substituting in lieu thereof a new Code section 34-1901.1 to read as follows: Section 34-1901.1 False statements in connection with notices of candidacy and qualifying for party nomination .(a) Any person knowingly making any false statement in connection with filing a notice of candidacy under the provisions of Code Section 34-1002, as now or hereafter amended, or in connection with qualifying as a candidate for party nomination under the provisions of Code section 34-1005, as now or hereafter amended, shall be guilty of the crime of false swearing within the meaning of Code section 26-2402, as now or hereafter amended, and upon conviction thereof shall be punished as provided by said Code section 26-2402. (b) The district attorney of the judicial circuit wherein the county lies of any county shall furnish all investigative personnel and facilities to the Secretary of State, the Judge of the Probate Court, or political party, as the case may be, as needed to determine the accuracy and correctness of all facts set forth in the affidavits filed pursuant to Code sections 34-1002 and 34-1005 and shall commence prosecution of any person when it appears that a violation of this Code section has occurred. (c) Where proper venue of any such prosecution would be in another county, the district attorney whose office conducted the investigation shall forward all evidence and other data to the district attorney of the county where venue is proper, and prosecution shall be commenced by such official.

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Section 3 . Code Chapter 34A, known as the Georgia Municipal Election Code, as amended, is hereby amended by adding at the end of Code section 34A-906, relating to qualification of candidates for party nomination, a new subsection to be designated subsection (d) and to read as follows: (d) Each candidate for party nomination described in subsection (a) of this Section shall file an affidavit with the political party at the time of his qualifying stating: (1) his residence with street and number, if any, and his post office address; (2) his profession, business or occupation, if any; (3) the name of his election district; (4) that he is an elector of the municipality of his residence eligible to vote in the primary election in which he is a candidate for nomination; (5) the name of the office he is seeking; (6) that he is eligible to hold such office; (7) that he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony or crime involving moral turpitude, unders the laws of this State, or any other State or of the United States; and (8) that he will not knowingly violate any provisions of this Code or of rules and regulations adopted thereunder. Code 34A-906 amended. Section 4 . Said Code Chapter is further amended by striking Code section 34A-1602, relating to certain false statements, in its entirety and substituting in lieu thereof a new Code section 34A-1602 to read as follows: Section 34A-1602. False statements .(a) Any person knowingly making any false statement in connection with filing a notice of candidacy under the provisions of Code section 34A-901, as now or hereafter amended, or in connection with qualifying as a candidate for party nomination under the provisions of Code section 34A-906, as now or hereafter amended, shall be guilty of the crime of false swearing within the meaning of Code section 26-2402, as now or hereafter amended, and upon conviction thereof shall be punished as provided by said Code Section 26-2402. (b) The district attorney of the county in which all or the

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greater portion of any municipality is situated shall furnish all investigative personnel and facilities to the election superintendent or political party as needed to determine the accuracy and correctness of all facts set forth in the affidavits filed pursuant to Code sections 34A-901 and 34A-906 and shall commence prosecution of any person when it appears that a violation of this Code section has occurred. (c) Where proper venue of any such prosecution would be in another county, the district attorney whose office conducted the investigation shall forward all evidence and other data to the district attorney of the county where venue is proper, and prosecution shall be commenced by such official. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1976. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYSCERTAIN MARKED PATROL VEHICLES AUTHORIZED. No. 800 (House Bill No. 1256). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 166), so as to allow the Commissioner of the Department of Public Safety to authorize two solid colored marked vehicles per State Patrol Post; 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 Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 166), is hereby amended by striking subsection (c) of Section 107A in its entirety and inserting in lieu thereof a new subsection (c) of section 107A, to read as follows: (c) require that any such motor vehicle shall be distinctly marked on each side and the back thereof with the wording `State Patrol' in letters not less than six inches in height of a contrasting color from the background color of the motor vehicle. Vehicles. Notwithstanding the above provisions, it shall be permissible for the commissioner to allow not more than two motor vehicles per State Patrol Post to be employed in traffic law enforcement which are painted any solid color designated by the Commissioner and marked with `State Patrol' in six inch high letters of a contrasting color. It shall be unlawful for any person, except persons lawfully entitled to own vehicles for law enforcement purposes, to paint, mark and equip any motor vehicle in the same manner prescribed by the Commissioner of Public Safety of Georgia as provided for herein. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1976.

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CRIMINAL PROCEDURESERVICE OF CERTAIN MISDEMEANOR SENTENCES PROVIDED. Code 27-2506 Amended. No. 801 (House Bill No. 1323). An Act to amend Code section 27-2506, relating to the punishment of misdemeanor offenses, as amended, particularly by an Act approved March 20, 1974 (Ga. L. 1974, p. 361), so as to provide that a judge, in his discretion, may allow misdemeanor sentences of six months or less to be served during the nonworking hours of the defendant; to provide for the determination of nonworking hours of the defendant; to provide that confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 27-2506, relating to the punishment of misdemeanor offenses, as amended, particularly by an Act approved March 20, 1974 (Ga. L. 1974, p. 361), is hereby amended by striking from said section the following: In all misdemeanor cases in which, upon conviction, a six month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow such sentence to be served on weekends by weekend confinement. A weekend shall commence and shall end in the discretion of the sentencing judge, provided however, that the judge shall retain plenary control of the prisoner at all times during said sentence period. A weekend term shall be counted as serving two days of the full sentence., and inserting in lieu thereof the following: In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow

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such sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge, provided however, that the judge shall retain plenary control of the prisoner at all times during said sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day shall be counted as serving a full day of the sentence., so that when so amended, Code section 27-2506 shall read as follows: 27-2506. Misdemeanors, how punished .Except where otherwise provided, every crime declared to be a misdemeanor shall be punished either: (a) By a fine not to exceed $1,000 or by confinement in the county or other jail, county public works camp or such other places as counties may provide for maintenance of county prisoners for a total term not to exceed twelve months, either a fine or confinement or both; or, (b) By confinement under the jurisdiction of the State Board of Corrections in the State penitentiary, in a public works camp or such other institutions as the Director of Corrections may direct, for a determinant term of months which shall be more than six months but shall not exceed a total term of twelve months. (c) Any person adjudicated guilty of a misdemeanor for the first time, who was on the date that the misdemeanor was committed, between the ages of sixteen and eighteen years old, shall be punished by a fine not to exceed $1,000 or confined exclusively under the jurisdiction of the State Board of Corrections for a period not to exceed twelve months. Provided that if subsection (c) does not govern, then any person adjudicated guilty of a misdemeanor shall be punished in accordance with subsections (a) or (b), or any other Georgia law applicable.

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Either the punishment provided in (a) or (b), but not both, may be imposed in the discretion of the sentencing judge; provided, however, that misdemeanor punishment imposed under (a) or (b) may be subject to suspension or probation but the punishment provided in (b) shall not be subject to suspension or probation wholly or partially upon payment of a fine either directly or indirectly; and provided, further, that the sentencing courts shall retain jurisdiction to amend, modify, alter, suspend or probate sentences under (a) at any time but in no instance shall any sentence under (a) be modified in a manner to place a county prisoner under the jurisdiction of the State Board of Corrections. In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow such sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge, provided however, that the judge shall retain plenary control of the prisoner at all times during said sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence. A person convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000 or by confinement for a specific term not to exceed twelve months or by both. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1976.

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DRIVERS' LICENSES AS BAIL ON ARRESTEXEMPTION PROVIDED. No. 802 (House Bill No. 1339). An Act to amend an Act permitting drivers' licenses to be deposited as bail on arrest for certain traffic offenses, approved April 13, 1973 (Ga. L. 1973, p. 435), so as to allow the use of drivers' licenses as bail in arrests for violation of certain traffic laws, except those in which a license may be suspended by the Commissioner of Public Safety for a first offense; 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 permitting drivers' licenses to be deposited as bail on arrest for certain traffic offenses, approved April 13, 1973 (Ga. L. 1973, p. 435), is hereby amended by striking in section 1, the word: revoked, and substituting in lieu thereof the word: suspended, so that when amended, section 1 shall read as follows: Section 1. Any other laws of the State of Georgia to the contrary notwithstanding, any person who is arrsted by an officer for the violation of a traffic law or traffic ordinance, except any offense for which a license may be suspended by the Commissioner of Public Safety for a first offense, upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may, upon agreement with the arresting officer, deposit his chauffeur's or driver's license with the apprehending officer in lieu of bail, in lieu

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of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this State during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended or cancelled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter. Exemption. Upon receipt of the license as bail, the officer may release the person so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the summons. The court in which the charges lodge shall immediately forward to the Department of Public Safety of the State of Georgia the license which was deposited in lieu of bail if the driver fails to appear and answer to the charge against him. The Commissioner of Public Safety shall, upon receipt of a license so forwarded by the court, suspend the driver's license and driving privilege of the defaulting driver until notified by the court that the charge against such driver has been finally adjudicated. Section 2 . 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 20, 1976.

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CONSULAR CORPS LICENSE PLATES ACT. No. 804 (House Bill No. 1402). An Act to provide for the issuance of consular corps license plates free of charge; to provide for a short title; to provide for the year in which issuance of such plates shall begin; to provide for the establishment of procedures and promulgation of rules and regulations by the State Revenue Commissioner; to provide that this Act is intended to be supplemental to other motor vehicle licensing laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . This Act shall be known and may be cited as the Consular Corps License Plates Act. Section 2 . Owners of motor vehicles, who are foreign consuls or honorary consuls or consular officials, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two consular corps license plates. Provided, however, that career foreign consuls and consular officials who are citizens of the country they represent shall be issued said plates free of charge. Said license plates shall be fastened to both the front and rear of the vehicle. License plates. Section 3 . The State Revenue Commissioner may begin issuing consular corps license plates for the year 1976 and thereafter. Section 4 . The State Revenue Commissioner is hereby authorized to establish procedures and promulgate rules and regulations for carrying out the provisions of this Act. Rules. Section 5 . This Act is supplemental to the motor vehicle licensing laws of Georgia. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1976.

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UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDINSPECTION CERTIFICATEREPLACED WINDSHIELDS. No. 809 (House Bill No. 1529). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 8, 1969 (Ga. L. 1969, p. 271), and an Act approved April 5, 1972 (Ga. L. 1972, p. 989), so as to authorize the operation of a vehicle without a certificate of inspection for a certain period of time after a windshield is replaced on such vehicle; to require proof of the date of such replacement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 8, 1969 (Ga. L. 1969, p. 271), and an Act approved April 5, 1972 (Ga. L. 1972, p. 989), is hereby amended by striking section 126B(f) in its entirety and substituting in lieu thereof a new section 126B(f), to read as follows: (f) In the event a windshield shall be replaced upon any vehicle which contains a valid inspection sticker, an inspection sticker may be issued for such vehicle within 15 days after the replacement of the windshield without the necessity of reinspection if the owner of the vehicle shall execute an affidavit to be furnished by the Director stating that the windshield of his vehicle has been replaced, and give such other information as the Director shall require therein and pay to the inspection station a fee of 50 cents. The new inspection sticker shall be valid only for the remainder of the period which the replaced sticker was to be valid. The vehicle may be operated on the highways without an inspection sticker for 15 days after the replacement

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of the windshield if proof of the date of such replacement is carried in the vehicle. Section 2 . Said Act is further amended by adding at the beginning of section 126D(c), the following: Except as provided in section 126B(f), so that when so amended, section 126D(c) shall read as follows: (c) Except as provided in section 126B(f), it shall be unlawful for any person to drive or operate on any highway any vehicle which is required to be inspected by the provisions of section 126 without a valid official certificate of inspection being displayed on such vehicle. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1976. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 AMENDEDMEMBERSHIP OF BOARD OF DIRECTORS CHANGED, ETC. No. 811 (House Bill No. 1585). An Act to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), so as to change the membership of the Board of Directors of the Authority; to provide for time of appointment,

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compensation, terms of office, and limitations on holding other office for appointed members of the Board; to change the voting provisions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), is hereby amended by striking subsection (a) of section 6 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) The Board of Directors of the Authority shall be composed of fourteen members. Four members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; three members shall be residents of DeKalb County to be appointed by the local governing body thereof; two members shall be residents of Fulton County to be appointed by the local governing body thereof; one member shall be a resident of Clayton County to be appointed by the local governing body thereof; and one member shall be a resident of Gwinnett County to be appointed by the local governing body thereof. Three members, representing the State, shall be as follows: the Commissioner of the Department of Transportation who shall be an ex officio member; the State Revenue Commissioner who shall be an ex officio member; and the Executive Director of the State Properties Commission who shall be an ex officio member. Members. The initial terms of the four members added by the above paragraph shall be as follows: the member from DeKalb

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County to be appointed by the local governing body of DeKalb County shall be appointed no later than sixty days after the effective date of this subsection for a term ending December 31, 1978, and shall take office immediately upon appointment; the Commissioner of the Department of Transportation, the State Revenue Commissioner and the Executive Director of the State Properties Commission shall become members of the Board on the effective date of this subsection and shall serve while holding their State offices. Terms. Except as provided above, all appointments shall be for terms of four years except that a vacancy caused otherwise than by expiration shall be filled for the unexpired portion thereof by the local governing body which made the original appointment to the vacant position, or its successor in office. A member of the Board may be appointed to succeed himself. Appointments to fill expiring terms shall be made by the local governing body prior to the expiration of the term, but such appointments shall not be made more than thirty days prior to the expiration of the term. Vacancy. Section 2 . Said Act is further amended by adding at the beginning of the first sentence of section 6(d), the following: Except for the ex officio members of the Board,, so that when so amended, section 6(d) shall read as follows: (d) Except for the ex officio members of the Board, no person shall be appointed as a member of the Board who holds any other public office or public employment except an office in the reserves of the armed forces of the United States or the National Guard; any member who accepts or enters upon any other public office or public employment shall be disqualified thereby to serve as a member. Section 3 . Said Act is further amended by striking in section 6(f), the following: Each member, and substituting in lieu thereof, the following:

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Each appointed member, so that when so amended, section 6(f) shall read as follows: Each appointed member of the Board shall be paid by the Authority the sum of fifty dollars for each official meeting of the Board he attends, but he shall not be paid more than five hundred dollars for meetings attended in any one calendar month. A member of the Board shall also be reimbursed for actual expenses incurred by him in the performance of his duties as authorized by the Board. A Board member shall not be allowed employee benefits authorized under section 8(b). Compensation. Section 4 . Said Act is further amended by striking in section 6(h), the following: The Board shall hold at least one meeting each month. The Secretary of the Board shall give written notice to each member of the Board at least two days prior to any called meeting that may be scheduled, and said Secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for his giving notice as above. One more than a majority of the total membership of the Board, as it may exist at the time, shall constitute a quorum. A majority of the quorum present at a meeting may exercise all the powers and perform all the duties of the Board, except as otherwise hereinafter provided or as limited by its bylaws, and no vacancy on the original membership of the Board, or thereafter, shall impair the power of the Board to act., and substituting in lieu thereof, the following: (h) The Board shall hold at least one meeting each month. The Secretary of the Board shall give written notice to each member of the Board at least two days prior to any called meeting that may be scheduled, and said Secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for his giving notice as above. One more than a majority of the total membership of the Board, as it may exist at the time, shall constitute a quorum. On any question presented, the number of members present

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shall be recorded. By affirmative vote of a majority of the members present, the Board may exercise all the powers and perform all the duties of the Board, except as otherwise hereinafter provided or as limited by its bylaws, and no vacancy on the original membership of the Board, or thereafter, shall impair the power of the Board to act. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. * * Compiler's note: The enrolled act does not contain a section 6. Section 7 . 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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended: to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Daily which is the official organ of Clayton County, on the following dates: January 6, 13, 20, 1976. /s/ Hugh Jordan Representative, 58th District

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Sworn to and subscribed before me, this 21st day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 9, 16, 23, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 23rd day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 8, 15, 22, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 22nd day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10,

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1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 7, 14, 21, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority,

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duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 7, 14, 21, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 20, 1976. EASEMENT TO GEORGIA PACIFIC CORPORATION AUTHORIZED. No. 95 (House Resolution No. 503-1340). A Resolution. Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Georgia-Pacific Corporation, a Georgia corporation, its successors and assigns, 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 systemloading tower, and for navigational dredging, to be used in connection with the receiving, storage and transshipment of various products, including wood chips, to be

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built, over, under, across or through such State-owned or claimed properties; and for other purposes. Whereas, Georgia-Pacific Corporation, a Georgia corporation, is the owner in fee simple of a tract of land on Hutchinson Island in the Savannah River in Chatham County, Georgia, on which it proposes to construct and maintain a receiving, storing and loading facility, in connection with which it intends to receive, store and dispatch water-borne cargoes, thereby requiring berthing, docking, storage and loading facilities and improvements, including breasting dolphins, a pier, a conveyor system, and a loading tower and catwalk; and Whereas, a portion of the proposed facilities is to be located adjacent to the property of Georgia-Pacific Corporation on certain property owned or claimed by the State of Georgia, in Chatham County, Georgia; and Whereas, Georgia-Pacific Corporation has applied for the requisite permits from the U. S. Army Corps of Engineers for the construction and maintenance of the proposed facilities; 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 (1) year; and Whereas, it is deemed as beneficial for 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 State Properties Commission shall determine to be in the best interest of the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that for and in consideration of the premises

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and the payment into the general treasury of the State of Georgia the sum of $1,000.00, the State Properties Commission, for and on behalf of the State of Georgia, is hereby authorized to convey to Georgia-Pacific Corporation, a Georgia corporation, its successors and assigns, an easement 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, and replacing, berthing, docking, storage and loading facilities and improvements, including breasting dolphins, a pier, a conveyor system, and a loading tower and catwalk, 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 intertidal area on the north 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 on Hutchinson Island designated as X = 829,389.71[UNK] Y = 763,127.94[UNK] according to the Georgia State Plane Grid System, East Zone, running thence North 637[UNK]05[UNK] East 318.97 feet to a concrete monument located on the boundary line between the property of Georgia-Pacific Corporation and property now or formerly of Diamond Manufacturing Company; thence South 4352[UNK]15[UNK] West 255 feet, more or less, to the high water line or mark of the Savannah River and the POINT OF BEGINNING: from said point of beginning running thence along said high water line or mark in a southeasterly direction a distance of 2,071 feet, more or less, to a point where the common boundary line between the property of Georgia-Pacific Corporation and the Planters Canal intersects said high water line or

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mark; thence South 3052[UNK]15[UNK] West along said common boundary line as extended 241 feet, more or less, to the north edge of the channel of the Savannah River (as now designated by the U. S. Army Corps of Engineers); running thence in a northwesterly direction along the north edge of the channel of the Savannah River (as now designated by the U. S. Army Corps of Engineers) 2,115 feet, more or less, to a point located South 4352[UNK]15[UNK] West 239 feet, more or less, from the point of beginning; thence North 4352[UNK]15[UNK] East a distance of 239 feet, more or less, among the common boundary line between the property of Georgia-Pacific Corporation and property now or formerly of Diamond Manufacturing Company, as extended, to the point of beginning. All as will more fully appear by reference to that certain plat of said property dated July 10, 1975 made by Hussey, Gay Bell, Consulting Engineers, for Georgia-Pacific Corporation, 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. It is recognized that the exact location of the high water line or mark of the Savannah River fluctuates with the tide, and may vary from the aforesaid plat, however it is the intention of the foregoing description to include, during the period for which the easement is granted, all land between said high water line or mark (adjacent to the said lands of Georgia-Pacific Corporation), wherever its exact location, and the north edge of the channel of the Savannah River, wherever its exact location. 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. Be it further resolved that said easement is made only for the purposes aforesaid and shall continue only so long as the Georgia-Pacific Corporation, its successors or assigns,

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continue to maintain and operate the aforesaid facilities for the aforesaid purposes, and should the facilities be abandoned or use thereof for the aforesaid purposes discontinued, said easement shall terminate. Approved February 20, 1976. IRREVOCABLE EASEMENT TO PIERPONT-CORBETT BOX COMPANY, INC. AUTHORIZED. No. 96 (House Resolution No. 540-1479). A Resolution. Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Pierpont-Corbett Box Company, Inc., a Georgia corporation, its successors and assigns, an irrevocable 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 and replacement of berthing, docking and storage facilities and improvements, including conveyor systems and loading and unloading towers, and for navigational dredging, to be used in connection with the receiving, storage, loading and unloading of various water-borne products, to be built, over, under, across or through such State-owned or claimed properties; and for other purposes. Whereas, Pierpont-Corbett Box Company, Inc., a Georgia corporation, is the owner in part and tenant in part (owner: Savannah Port Authority) of a tract of land on the Savannah River in Chatham County, Georgia, on which it proposes to construct and maintain a receiving, storing and loading-unloading facility, and in connection with which it intends to receive, store and dispatch water-borne cargoes, thereby requiring berthing, docking, storage and loading-unloading facilities and improvements,

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including breasting dolphins, piers, warehouses, conveyor systems and loading-unloading towers; and Whereas, a portion of the proposed facilities are to be located adjacent to the said property owned or rented by Pierpont-Corbett Box Company, Inc., on certain property owned or claimed by the State of Georgia, in Chatham County, Georgia; 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 (1) year; and Whereas, it is deemed as beneficial for 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 interest of the State of Georgia; Whereas, by House Resolution No. 234-930 (No. 59) adopted by the General Assembly of the 1973 Regular Session and approved by the Governor on April 19, 1973 (Ga. L. 1973, pp. 1445-1448), the heretofore existing State Properties Control Commission was authorized to license a portion of the following described property to Georgia Marine Warehouse Company for similar uses and purposes to those described above, however, the license agreement prepared pursuant thereto has never been executed and the proposed Grantee therein no longer has an interest in the adjacent property now owned and/or rented by Pierpont-Corbett Box Company, Inc. 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 the sum of $1,000.00, the State Properties

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Commission, for and on behalf of the State of Georgia, is hereby authorized to grant to Pierpont-Corbett Box Company, Inc., a Georgia corporation, its successors and assigns, an irrevocable easement to use, occupy, employ and enjoy for the purposes of constructing, installing, operating, maintaining, repairing, and replacing berthing, docking, storage and loading-unloading facilities and improvements, including breasting dolphins, piers, warehouses, conveyor systems, and loading-unloading towers, and all facilities and improvements that shall be reasonably necessary 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 of 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 known as Triangular Station `ACAN' (X=825,459.42[UNK] Y=765,717.66[UNK] according to the Georgia State Plane Grid System, East Zone), running thence south 3936[UNK] East 82.03 feet to the point where the boundary line between the property of Savannah Port Authority (rented to Pierpont-Corbett Box Co.) and property now or formerly of Virginia Carolina Chemical Co. intersects the bluff line and approximate high water line of the Savannah River and being the POINT OF BEGINNING; from said point of beginning thence in a general northwesterly direction along said bluff line and approximate high water line 985 feet, more or less, to a point where the common boundary line between the property of Pierpont-Corbett Box Co. and property now or formerly of Union Bag Paper Corp. intersects said bluff line and approximate high water line; thence north 4817[UNK]10[UNK] East 123.60 feet to

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the harbour line of the Savannah River; continuing thence North 4817[UNK]10[UNK] East 245 feet, more or less, to the channel line of the Savannah River; thence in a general southeasterly direction along the channel line of the Savannah River 844 feet, more or less, to a point located where the extended aforesaid common boundary line between the property of Savannah Port Authority (rented to Pierpont-Corbett Box Co.) and property now or formerly of Virginia Carolina Chemical Co. extended northeasterly intersects said channel line; thence south 2954[UNK]40[UNK] West 170 feet, more or less, to the harbour line of the Savannah River; continuing thence south 2954[UNK]40[UNK] West 61.28 feet to the point of beginning. All as will more fully appear by reference to that certain plat of said property dated January 16, 1976, made by Hussey, Gay Bell, Consulting Engineers, for Pierpont-Corbett Box Co., a copy of which is in the files of the Commission of the Department of Natural Resources and to which reference is hereby expressly made. It is recognized that the exact location of the high water line or mark of the Savannah River fluctuates with the tide, and may vary from the aforesaid plat; however, it is the intention of the foregoing description to include, during the period for which the easement was granted, all land between said high water line or mark (adjacent to the said lands owned or rented by Pierpont-Corbett Box Co., its successors and assigns), wherever its exact location, and the south channel line of the Savannah River, wherever its exact location. 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. The grant of easement hereunder shall be embodied in a written agreement in which the State Properties Commission may insert such other and further conditions as it shall consider to be necessary and proper in the public's trust.

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Be it further resolved that said easement is made only for the purposes aforesaid and shall continue only so long as the Pierpont-Corbett Box Co., its successors and assigns, continues to maintain and operate the aforesaid facilities and should said facilities be abandoned or the use for the aforesaid purposes discontinued, said easement shall terminate. Approved February 20, 1976. BOARD OF FUNERAL SERVICES ACT AMENDED. No. 812 (House Bill No. 723). 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 require that an applicant for a license as a funeral director hold a valid embalmer's license approved by the State of Georgia; to provide exemptions; to give the Georgia State Board of Funeral Services the power to grant reciprocal licenses to applicants from other states and to make rules and regulations regarding such licenses; to provide for construction and 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 creating the Board of Funeral Service and regulating the practice of embalming and funeral directors, 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 striking in its entirety subsection (3) of section 9, relating to qualifications for licensure, and substituting in lieu thereof the following new subsection (3): (3) In addition to the qualifications set out in paragraph (1) above, an applicant for a funeral director's license shall

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have a valid embalmer's license approved by the State of Georgia; provided, however, that any person who on the effective date of this subsection has registered as an apprentice funeral director with the Joint-Secretary may, upon completion of 36 months, either full or part time, 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 qualify for a funeral director's license; provided, further, that the provisions of this subsection shall not apply to any person licensed in this State as a funeral director on or before the effective date of this subsection, nor shall any provision of this subsection be construed so as to affect the operations, the manner of operation or the operator or operators of any funeral establishment in existence on or before the effective date of this subsection. Embalmer's license. Section 2 . Said Act is hereby further amended by adding to section 9, relating to qualifications for licensure, a new subsection to be designated subsection (7) which shall read as follows: (7) The Board of Funeral Service may, in its discretion, and in accordance with regulations adopted by the Board, grant to any person licensed in another state full privileges to engage in equivalent practice authorized by this Act without taking an examination, if (a) such person is properly licensed under the law of another state; and (b) the requirements for licensure in such other state are substantially equal to the requirements for a similar license in this State. Comity. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1976.

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FIREMEN'S RETIREMENT SYSTEM ACT AMENDED. No. 813 (House Bill No. 1314). An Act to amend an Act creating the Firemen's Retirement System, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended, particularly by an Act approved March 8, 1957 (Ga. L. 1957, p. 323); an Act approved March 17, 1960 (Ga. L. 1960, p. 991); an Act approved April 5, 1961 (Ga. L. 1961, p. 417); an Act approved March 7, 1966 (Ga. L. 1966, p. 242); an Act approved March 27, 1968 (Ga. L. 1968, p. 441); an Act approved March 19, 1970 (Ga. L. 1970, p. 334); an Act approved March 31, 1971 (Ga. L. 1971, p. 332); and an Act approved March 28, 1973 (Ga. L. 1973, p. 186), so as to provide for an increase in the monthly pension of eligible firemen or volunteer firemen; to provide that any fireman or volunteer fireman terminating employment as a fireman or volunteer fireman terminating employment as a fireman after twenty-five (25) years of service before reaching the age of fifty-five (55) years may cease his monthly contributions to the fund; to provide that no person shall be eligible for a pension until his official duties as a fireman shall have terminated; to provide that no person receiving pension benefits under any previous firemen's pension fund Act shall be eligible for the amended benefits provided hereby; to provide for a vested right to proportionately reduced pension benefits after twenty (20) years of service as a fireman or volunteer fireman; to provide for the election of certain retirement benefit payment options; to provide for disability benefits; to provide a procedure for determining eligibility for disability benefits; 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 creating the Firemen's Retirement System, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended, particularly by an Act approved March 8, 1957, (Ga. L. 1957, p. 323); an Act approved March 17, 1960 (Ga.

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L. 1960, p. 991); an Act approved April 5, 1961 (Ga. L. 1961, P. 417); an Act approved March 7, 1966 (Ga. L. 1966, p. 242); an Act approved March 27, 1968 (Ga. L. 1968, p. 441); an Act approved March 19, 1970 (Ga. L. 1970, p. 334); an Act approved March 31, 1971 (Ga. L. 1971, p. 332); and an Act approved March 28, 1973 (Ga. L. 1973, p. 186), is hereby amended by striking section 7 in its entirety, and inserting in lieu thereof a new section 7, to read as follows: Section 7. Retirement of firemen; pensions . (a) Any eligible fireman or volunteer fireman who has served twenty-five (25) years as a fireman or volunteer fireman, upon application to and approval by the Board, shall be retired upon a monthly pension of two hundred fifteen ($215.00) dollars, payable for his lifetime; provided that any fireman or volunteer fireman terminating employment as a fireman or volunteer fireman after twenty-five (25) years of service, but before reaching the age of fifty-five (55) years, may cease his monthly five ($5.00) dollar contribution to the fund and upon reaching the age of fifty-five (55) years and being otherwise eligible, shall be paid a pension of two hundred fifteen ($215.00) dollars per month; provided, further, that no person shall be eligible for a pension hereunder until his official duties as a fireman or volunteer fireman shall have terminated; provided, further, that no person receiving pension benefits under any previous Firemen's Pension Fund Act shall be eligible for the two hundred fifteen ($215.00) dollar per month retirement benefits provided herein. (b) Any eligible fireman or volunteer fireman terminating employment as a fireman or volunteer fireman after at least twenty (20) years of service shall have a vested right in and to the following benefits upon reaching the age of fifty-five (55) years or, if later, upon termination of employment as a fireman: Such fireman or volunteer fireman shall receive a pro rata share of the monthly benefits provided in paragraph (a) hereof, which share shall be determined by the ratio of years served, being not less than twenty (20) nor more than twenty-five (25), to the full twenty-five (25) year service retirement.

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(c) A member of the fund may elect, or may revoke a previous election and make a new election, at any time six (6) months or more prior to his termination of employment as a fireman or volunteer fireman, to have, in lieu of the monthly benefits payable under subsections (a) or (b) of this Section, monthly benefits payable under one of the options hereinafter set forth. The benefits shall be paid in accordance with the terms of the option elected. Election of any option shall be made by the member on forms provided by the Board and shall be subject to approval by the Board, which approval shall not be unreasonably withheld. No optional election is available for payment of disability benefits. (1) Option A: Joint and Survivor Option. A decreased retirement benefit which shall be payable during the joint lifetime of both the member and his spouse and which shall continue after the death of the member during the lifetime of the spouse in the amount chosen by the member, which shall be one hundred (100%) percent, seventy-five (75%) percent, sixty-six and two-thirds (66[UNK]%) percent, or fifty (50%) percent of the member's benefits. (2) Option B: Ten Years' Certain and Life Option. A decreased retirement benefit payable to the member during his lifetime and, in the event of his death within a period of ten (10) years after his retirement, the same monthly benefits shall be payable for the balance of such ten (10) year period to his selected beneficiary. The amount of any optional retirement benefit set forth above shall be the actuarial equivalent of the amount of the benefit that would otherwise be payble to the member under subsection (a) or subsection (b) of this Section, based upon the interest rate and mortality basis approved from time to time by the Board, and based upon the age of the member and, if applicable, the age of his spouse as of the date benefits are to commence or, if earlier, as of the date benefits would have commenced if the member had retired after first becoming eligible for full benefits. For the purposes of this Section, `spouse' shall mean the husband or wife to which the member is validly married under the

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laws of the State of Georgia and `selected beneficiary' shall mean any person designated by the member to receive benefits which continue to be payable upon the death of the member. 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. Disability benefits . (a) Any fireman or volunteer fireman who, after lawfully becoming a member of this fund and while paying dues therein, is rendered totally and permanently disabled by injuries suffered while performing the duties of the position to which he was regularly assigned, so as to be unable to perform substantially all of the duties of that position to which he was regularly assigned when the disability originated, upon application to the Board within twelve (12) months from the date of becoming totally and permanently disabled, shall be entitled to disability benefits of two hundred fifteen ($215.00) dollars per month for life, or until his disability ceases, or until the happening of one or more of the events set forth in subsection (e) hereof, which benefits shall be payable upon the beginning of the seventh (7th) calendar month after the date of disability. (b) Any fireman who, after lawfully becoming a member of this fund and paying dues therein, is rendered, by heart disease or respiratory disease, totally and permanently disabled so as to be unable to perform substantially all of the duties of the position to which he was regularly assigned, upon application to the Board within twelve (12) months from the date of becoming totally and permanently disabled, shall be entitled to disability benefits as provided in subsection (a) hereof for life, or until his disability ceases, or until the happening of one or more of the events set forth in subsection (e) hereof, which benefits shall be payable upon the beginning of the seventh (7th) calendar month after the date of disability. Provided, however, that no benefits shall be payable under this Section for any disability resulting from the chronic and excessive consumption of alcoholic beverages, or addiction to drugs, the use of

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which is prohibited in this State by law, or for disability resulting from the engagement by the member in any criminal act, or for disability resulting from mental or psychological causes, or for disabilities resulting from an injury sustained by the member while serving on active duty in the armed forces or while on active duty in the National Guard or other armed forces reserve unit. Provided, further, that such fireman, in order to be eligible for disability benefits provided herein, shall have been a member in good standing of the fund for five (5) consecutive years immediately prior to his application for disability. (c) Any volunteer fireman shall be eligible for the disability benefits afforded salaried firemen as set forth in subsection (b) hereof, provided such volunteer fireman (1) has lawfully become a member of this fund, and has been a member in good standing of the fund for ten (10) consecutive years immediately prior to his application for disability, and (2) has fifteen (15) years' creditable service as a fireman or volunteer fireman. (d) Once each year during the first five (5) years following the commencement of disability benefits hereunder, and once in every three (3) year period thereafter, the Board may require a disability beneficiary to undergo a medical examination, such examination to be made at his place of residence or other place mutually agreed upon, by a physician or physicians designated by the Board and such disability benefits recipient himself may request such an examination. The designated physician or physicians shall report to the Board, following each examination, the current status and condition of the benefits recipient's disability. (e) A disabled member's disability benefits shall cease: (1) When he returns to service with a fire department in the State of Georgia or any municipality or other political subdivision thereof rated Class 1 through 8, inclusive, by the Insurance Service Office or the successors thereto; or (2) if he refuses to submit to any medical examination requested under the provisions of this Section, and the benefits

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shall remain discontinued until the member's withdrawal of such refusal and submission to the requested medical examination, and should his refusal continue for one (1) year, all his rights in and to disability benefits may be revoked by the Board; or (3) if the Board determines, on the basis of any medical examination, that the member has sufficiently recovered from his disability so as to again be able to perform substantially the duties of the position to which he was regularly assigned when the disability originated, or so as to be able to engage in any occupation or gainful employment for which he is reasonably suited by virtue of his background, training, education and experience; or (4) if the member does in fact obtain gainful employment compensating him at a level equal to or greater than seventy-five (75%) percent of the current compensation for the position he occupied at the time the disability originated; or (5) when he dies. (f) The Board shall prescribe and furnish a form and procedure for the application for disability benefits. Upon receipt of an application, the Board may pass upon and decide whether to grant or deny said application on the basis of the submitted information; or may request that additional physicians' reports be submitted by the applicant; or may request that the applicant for disability benefits appear personally before the Board. Any applicant for disability benefits shall have the right to request a personal appearance before the Board. Receipt by the applicant of disability benefits or payments under the Federal Social Security Act or any local pension Acts may be considered by the Board as evidence of eligibility for the disability benefits provided under this Section. Section 3 . If any part, section, sentence, clause or phrase of this Act is declared or adjudged unconstitutional or void, the General Assembly hereby declares that it would have enacted the remaining parts, sections, sentences, clauses or

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phrases and they shall be considered severable and not affected thereby. Severability. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1976. FIREMEN'S RETIREMENT SYSTEM ACT AMENDEDBOARD OF TRUSTEES POWERS PROVIDED, ETC. No. 814 (House Bill No. 1315). An Act to amend an Act creating the Firemen's Retirement System, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 368), an Act approved March 17, 1960 (Ga. L. 1960, p. 991), an Act approved April 5, 1961 (Ga. L. 1961, p. 417), an Act approved April 2, 1963 (Ga. L. 1963, p. 266), an Act approved March 27, 1968 (Ga. L. 1968, p. 441), and an Act approved March 21, 1974 (Ga. L. 1974, p. 377), so as to provide for the powers and duties of the Board of Trustees of the Georgia Firemen's Pension Fund; to provide that the Board's assets, whether cash, securities or real property, shall be deemed public property exempt from taxation; to provide limitations on the investments by the Board; to provide that all firemen or volunteer firemen must apply for membership in the fund; to provide for the payment of monthly member contributions and penalties for nonpayment of such contributions; to provide for the physical examination or re-examination of applicants and members, and the approval, denial or conditional approval of applications; to provide a limited vested right in pension benefits; to provide a means to fix the amount of said pension benefits and a time upon which the same shall commence; to repeal

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certain provisions relating to receipt of benefits; 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 creating the Firemen's Retirement System, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 368), an Act approved March 17, 1960 (Ga. L. 1960, p. 991), an Act approved April 5, 1961 (Ga. L. 1961, p. 417), an Act approved April 2, 1963 (Ga. L. 1963, p. 266), an Act approved March 27, 1968 (Ga. L. 1968, p. 441), and an Act approved March 21, 1974 (Ga. L. 1974, p. 377), is hereby amended, by striking subsection (1) of section 1 of said Act in its entirety and inserting in lieu thereof a new subsection (1) of section 1 to read as follows: (1) Firemen All persons who are employed by a fulltime fire department of the State of Georgia or any municipality or other political subdivision thereof, which fire department is rated class 1 through class 8, inclusive, by the Insurance Service Office, or its successor, and which fire department is financed by public subscription (not privately owned), on a full-time basis as permanent employees of such department, which department must own fire apparatus and equipment of the value of $5,000 or more. Section 2 . Said Act is further amended by striking from subsection (2) of section 1 the following: Southeastern Underwriters Association as not less than a class `8' department,, and inserting in lieu thereof the following: Insurance Service Office, or its successors, as class 1 through class 8, inclusive,, so that when so amended subsection (2) of section 1 of said Act shall read as follows:

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(2) Volunteer Firemen All individuals appointed and regularly enrolled in any volunteer fire department or part-paid and part-volunteer fire department of the State of Georgia or any political subdivision or municipality thereof, or a paid, part-paid or volunteer fire department that is financed by public subscription (not privately owned) which holds drills and meetings of not less than eight (8) hours monthly, and which owns fire apparatus and equipment of the value of five thousand dollars ($5,000.00), or more, and which is recognized by the Insurance Service Office, or its successors, as class 1 through class 8, inclusive, and who attend during each year of creditable service, a prescribed percentage of all drills, meetings and fires as prescribed by the Board of Trustees. The Board of Trustees is hereby authorized and empowered to prescribe the annual percentage of attendance at drills, meetings and fires necessary for volunteer firemen to receive credit for service toward retirement benefits, but in no case shall the percentage be set at less than fifty (50) percent of all drills, meetings and fires in any calendar year. Section 3 . Said Act is further amended by striking section 4 of said Act in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The Board of Trustees hereby created shall have the following powers and duties: To provide for the payment of administrative expenses; to determine all applications for pensions; to provide for the payment of pensions hereunder; to provide for the collection of all revenue provided; to make all necessary rules and regulations not inconsistent with the laws of the State of Georgia for the government of this fund; to prescribe rules and regulations of eligibility of persons to receive pensions hereunder; to expend funds in accordance with the provisions of this Act; and to generally exercise all other powers necessary for the administration of the fund created by this Act. The assets of the Board of Trustees, whether in the form of cash, securities, or real property, shall be deemed to be public property and exempt from any and all taxation, whether imposed by the State, or by any county, municipality, or political subdivision of this State. Powers.

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The Board shall have the full power to invest and reinvest such funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments; provided, however, that the Board shall be authorized to invest no more than fifty (50%) percent of the funds or assets in equities. Subject to said terms, conditions, limitations and restrictions, the Board shall have the full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and money belonging to the fund. The Board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counselors, making recommendations for investments and making investments if the Board so authorizes. Section 4 . 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. All firemen or volunteer firemen shall make application to the Board for membership in the fund within four (4) months of becoming employed as a fireman or enrolled as a volunteer fireman. Each fireman or volunteer fireman accepted for membership in the fund shall pay to the secretary-treasurer of the Board the sum of five ($5.00) dollars each month he serves as a fireman or volunteer fireman in a department in the State of Georgia rated class 1 through class 8, inclusive, by the Insurance Service Office, or its successor. Such monthly payments shall be due on or before the tenth day of each month of service; any member who becomes six (6) months in arrears in making such payments shall be removed from membership in the fund, and shall be ineligible to receive any benefits or pension whatsoever under this Act. Each applicant for membership in the fund shall submit

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a physician's report, in writing, attesting to his current physical condition. In the event the fire department or volunteer fire department with which he is affiliated requires such physical examination as a prerequisite to employment as a fireman or enrollment as a volunteer fireman, a copy of such physician's report shall be attached to the application for membership in the fund. The Board may require additional physicians' reports to be submitted prior to accepting any applicant for membership in the fund. The Board shall have the authority to grant or deny an applicant membership in the fund based upon information contained in any requested physician's report. In the event such physician's report reveals the applicant has preexisting physical conditions which may be aggravated by the duties of the applicant fireman, the Board may require as a precondition to membership in the fund a waiver by the member of his right to disability benefits for disability resulting from aggravation of such preexisting conditions. The Board shall have the authority to require a member of the fund, as a condition of continuing his membership, to undergo examination by a physician. Section 5 . Said Act is further amended by striking section 10 of said Act in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. The pensions provided herein shall be subject to future legislative change and revision and no member of this fund, or any persons, shall be deemed to have any vested right to any pensions except as may be provided in section 7. No vested rights. Section 6 . Said Act is further amended by striking section 7-C of said Act in its entirety and inserting in lieu thereof a new section 7-C to read as follows: Section 7-C. Any fireman or volunteer fireman who retires or has been retired from the fund under the terms of section 7 shall be entitled to receive, upon reaching his 55th birthday and upon approval of his application, a monthly pension in the amount which is or was provided by this Act on the date his application for retirement benefits

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is or was approved by the Board of Trustees of the fund. Any fireman or volunteer fireman who applies for retirement benefits may withdraw his application at any time prior to its approval by the Board of Trustees of the fund; provided, if such member applies for retirement benefits on termination of employment prior to reaching the age of fifty-five years and thereafter withdraws his application, he must await the passage of five (5) years before being eligible to resubmit such application. Section 7 . Said Act is further amended by striking section 7-B of said Act, which read as follows: Section 7-B. Any fireman retiring after twenty-five (25) years of service, but prior to reaching the age of sixty (60) years and thereupon ceasing to make his five ($5.00) dollar monthly payment to the fund as provided in section 7 of this Act, and being otherwise eligible, shall be entitled to receive, as monthly pension upon his attaining the age of sixty (60) years, the amount which is specified by this Act as of the date such fireman attains his sixtieth birthday. Section 8 . 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 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 February 25, 1976.

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CHILDRENCERTAIN VISITATION RIGHTS IN GRANDPARENTS PROVIDED. No. 815 (House Bill No. 171). An Act to provide for the grant of visitation rights to the grandparents of certain children; to provide for the enforcement of the grant of such rights; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Whenever any court in this State shall have before it any question concerning the custody of or guardianship of any minor child, the court may, in its discretion, grant reasonable visitation rights to the maternal and paternal grandparents of the child. Any court granting such rights may issue its necessary order to enforce the grant. Rights. 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, 1976. EMPLOYEES RETIREMENT SYSTEM OF GEORGIAACT AMENDED. No. 816 (House Bill No. 190). An Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide that members who have retired and who have elected option three may waive the payment of certain allowances; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia. Section 1 . An Act establishing the 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 subsection (8) of section 5, an unnumbered paragraph to read as follows: Any provisions of this subsection to the contrary notwithstanding any member who has elected option three may waive the payment of one-half of the reduced retirement allowance payable to the person nominated by the member by filing a written declaration of waiver with the board of trustees. The waiver of such payments to the person nominated shall not affect or increase the reduced retirement allowance payable during the life of the retired member, but such waiver shall merely act as a forfeiture of those allowances which would otherwise have been payable to the person nominated by the retired member. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. ELECTIONSCERTAIN FEDERAL AND STATE OFFICESRECOUNT PROVIDED, ETC. Code 34-1505 Amended. No. 817 (House Bill No. 300). An Act to amend Code section 34-1505, relating to a recount or recanvass of votes, as amended, so as to provide procedures for requesting a recount or recanvass of votes cast for certain federal or state offices voted upon by the electors of more than one county; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Code section 34-1505, relating to a recount or recanvass of votes, as amended, is hereby amended by adding thereto a new subsection, to be designated subsection (c) to read as follows: (c) Any other provision of this section to the contrary notwithstanding, a candidate for a federal or state office voted upon by the electors of more than one county except the offices of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture and Commissioner of Labor, may petition the Secretary of State for a recount or recanvass of votes, as appropriate, when it appears that a discrepancy or error, although not apparent on the face of the returns, has been made. The recount or recanvass may be ordered in the discretion of the Secretary of State in any and all counties in which electors voted for such office and said recount or recanvass may be held at any time prior to the certification of the consolidated returns by the Secretary of State. A recount or recanvass shall be conducted by the appropriate superintendent or superintendents in the manner and pursuant to the procedures otherwise provided in this section for a recount or recanvass, as appropriate. The petition to the Secretary of State pursuant to this section shall be in writing and signed by the person(s) requesting the recount or recanvass. A petition shall set forth the discrepancies or errors and any evidence in support of petitioner's request for a recount or recanvass and shall be verified. The Secretary of State may require the petitioner or other persons to furnish additional information concerning the apparent discrepancies or errors in the counting or canvassing of votes. Code 34-1505 amended. 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 said Act is submitted to the United States Attorney General and he objects to the enforcement of this Act or any portion hereof,

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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 February 27, 1976. REVENUEINCOME TAXPERSONAL EXEMPTIONS REDEFINED. Code 92-3106(a) Amended. No. 819 (House Bill No. 490). An Act to amend section 92-3106(a) of the Code of Georgia of 1933, as amended, particularly by Ga. L. 1971, pp. 605, 609, relating to personal exemptions for income tax purposes, so as to provide for a more explicit explanation of the allowable personal exemptions; 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 92-3106(a) of the Code of Georgia of 1933, as amended, particularly by Ga. L. 1971, pp. 605, 609, is hereby further amended by striking in its entirety subsection (a) of Code section 92-3106 and inserting in lieu thereof the following subsection: (a) In the case of an individual, the following exemptions shall be allowed as deductions in computing Georgia taxable net income: Exemptions. (1) An exemption of $1,500 for the taxpayer. An additional exemption of $1,500 for one dependent if the unmarried taxpayer is a qualified Head of Household and has one or more dependents whose principal place of abode is the taxpayer's home. If the taxpayer claims this exemption

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he shall not be entitled to any further exemption on account of the dependent with respect to whom this exemption is claimed. (2) An exemption of $3,000 for the taxpayer and spouse, but only if a joint return is filed. (3) An additional exemption of $700 for the taxpayer if he has attained the age of 65 before the close of his taxable year. An additional exemption of $700 for the spouse of the taxpayer if a joint return is made by the taxpayer and his spouse, and if the spouse has attained the age of 65 before the close of the taxable year. (4) An additional exemption of $700 for the taxpayer if he is blind at the close of the taxable year. An additional exemption of $700 for the spouse of the taxpayer if a joint return is made by the taxpayer and his spouse, and the spouse is blind at the close of the taxable year. For the purpose of this paragraph the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year; except that if either the taxpayer or the spouse dies during such taxable year such determination shall be made as of the time of such death. (5) An additional exemption of $700 for each dependent. (A) whose gross income for the calendar year in which the taxable year of the taxpayer begins is less than $700, or (B) who is a child of a taxpayer and who (i) has not attained the age of 19 at the close of the calendar year in which the taxable year of the taxpayer begins, or (ii) is a student. (6) An additional exemption of $700 for each of the following persons who is a student at the college level or above: (A) The taxpayer. (B) The taxpayer's spouse.

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(C) The taxpayer's dependents. (7) An additional exemption of $700 for each dependent who is physically handicapped or mentally retarded and is not a ward of the State. Section 2 . This Act shall become effective upon its approval by the Governor or its becoming law without his approval. Effective date. Section 3 . All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. STATE SPACE MANAGEMENT ACT OF 1976. No. 820 (House Bill No. 659). An Act to provide for the management of the utilization of Administrative space by the various agencies of the State Government; to provide for a short title; to provide for definitions; to provide for certain powers and duties of the Department of Administrative Services and for the Commissioner of said Department; to provide for standards for space utilization; to provide that State agencies shall make application for certain space requirements; to create the advisory board on space management and provide for its duties; to provide for certain budgetary requirements; to provide for rules and regulations; to provide for the employment of personnel; to provide for a liberal construction of this Act; to provide that the Department shall not be subject to the provisions of the Georgia Administrative Procedure Act; to provide for other matters relative to the foregoing; to provide an effective date for the repeal of a portion of 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. Short Title . This Act shall be known and may be cited as the State Space Management Act of 1976. Section 2. Definitions . As used in this Act, unless the context clearly requires otherwise, the following words or terms shall have the meanings hereinafter provided: (a) State agency means any department, division, board, bureau, commission or other agency within the State Government, by whatever name designated. (b) Administrative space means any and all space located in, within, or on improved property utilized by a State agency for office, storage, and special purposes when such space is utilized by officials or employees of the State agency in delivering the services for which the State agency is responsible for providing. The term does not include the space within, or on, the following properties; provided, however, such space was not acquired and will not hereafter be acquired by a rental agreement or arrangement, the initial term of which is for a period of five years or less: (1) The State Capitol. The space utilization of the State Capitol shall be as now or as hereafter provided by law. (2) The Executive Center, (Governor's Mansion). The space utilization of the Executive Center (Governor's Mansion) shall be as now or as hereafter provided by law. (3) Space utilized by the legislative and judicial branches of the State Government. The utilization of space by those branches of the State Government shall be as now or as hereafter provided by law. (4) Space in buildings located on, and used in direct support of, any institution of higher education under the custody, management, control, or supervision, (hereinafter for convenience in this Act referred to as jurisdiction) of the Board of Regents of the University System of Georgia. (5) Space in buildings located on and used in direct support of any Game preserve, wildlife refuge, or fish hatchery

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under the jurisdiction of the Game and Fish Division of the State Department of Natural Resources. (6) Space in buildings located on and used in direct support of any part of the system of State Parks and Historic sites under the jurisdiction of the Division of State Parks and Historic Sites of the State Department of Natural Resources. (7) Space in buildings used in direct support of the construction and maintenance of the State Highway System, (i.e., maintenance barns, equipment sheds and district offices) under the jurisdiction of the State Department of Transportation. (8) Space in buildings located on and used in direct support of any prison or penal institution under the jurisdiction of the State Department of Corrections/Offender Rehabilitation. (9) Space in buildings located on and used in direct support of any State Patrol Post under the jurisdiction of the State Department of Public Safety. (10) Space in buildings located on and used in direct support of any Farmer's Market under the jurisdiction of the State Department of Agriculture. (11) Space in buildings located on and used in direct support of any hospital, rehabilitation center, school for the handicapped and other mental or physical health care institution under the jurisdiction of the State Department of Human Resources. (12) Space in buildings located on and used in direct support of any Forestry Unit under the jurisdiction of the Georgia Forestry Commission. (13) Space in buildings located on and used in direct support of vocational education schools, Schools for the Deaf, and the Educational Television Network under the jurisdiction of the State Board of Education.

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(14) Space in buildings located on and used in direct support of any Welcome Center and rest station under the jurisdiction of the Tourist Division of the State Bureau of Industry and Trade. (15) Space in buildings located on and used in direct support of armories or other military installations under the jurisdiction of the State Department of Defense. (16) Any real properties under the jurisdiction of the State Properties Commission. (c) Department means the State Department of Administrative Services. (d) Commissioner means the Commissioner of the Department of Administrative Services. Section 3. Administrative Space Management . (a) The Department is hereby given the authority and charged with the duty of managing the utilization of administrative space by all State agencies. Such management shall include the authority to assign and reassign administrative space to State agencies based on the needs of such agencies as determined by standards for administrative space utilization promulgated by the Commissioner pursuant to Section 4 of this Act. (b) The management of the utilization of administrative space by the Department shall include administrative space now or hereafter rented or leased by a State agency from the Georgia Buildign Authority or from any other public or private person, firm or corporation. Hereafter, when it becomes necessary to rent or lease administrative space, such space shall be rented or leased by the Department and assigned to the State agency or agencies requiring such space. (c) If the Department reassigns all or any portion of any administrative space which is leased or rented by one State agency to another State agency, the State agency to

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which such administrative space is reassigned shall pay to the Department rental charges, as determined by the Department, for the utilization of such space, and the Department shall, in turn, use such rental charges so paid for the purpose of paying, or partially paying, as the case may be, the rent or lease payments due the lessor of such administrative space in accordance with the terms of the lease or rent contract existing at the time of the reassignment of such administrative space. Any such payments to a lessor by the Department shall be on behalf of the State agency which is the lessee of the administrative space reassigned as provided herein. (d) The management of the utilization of administrative space given to the Department by this Act shall not be construed to impair the obligation of any contract heretofore executed between any State agency and the Georgia Building Authority or between any State agency and any other public or private person, firm or corporation, and the powers given to the Department by this Act shall not be implemented or carried out in such a manner as to impair the obligation of any such contract. Section 4. Standards for Space Utilization . (a) The Commissioner is hereby authorized and directed to develop and promulgate standards governing the utilization of administrative space by all State agencies. Such standards shall be uniformly applied to all State agencies, except as otherwise provided by subsection (b) hereof, but such standards shall recognize and provide for different types of administrative space required by the various State agencies and the different types of administrative space that may be required by a single State agency. (b) The standards required by subsection (a) hereof shall be developed by and become effective on January 1, 1977. After said date, the Department shall be authorized to begin reassignment of administrative space to the various State agencies in order to bring the utilization of administrative space into conformity with such standards. Between July 1, 1976, and January 1, 1977, no administrative space

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being utilized on July 1, 1976, shall be reassigned by the Department, but any additional administrative space required by a State agency between said dates shall be approved by and obtained through the Department. After January 1, 1977, the Commissioner shall be authorized to grant exceptions to the standards governing the utilization of administrative space when the reassignment of such space would involve unnecessary expenses or the disruption of services beign provided by a State agency, but the Commissioner shall adopt and promulgate rules and regulations governing the granting of such exceptions, and such rules and regulations shall be uniformly applied by the Commissioner to all State agencies requesting an exception to such standards. Section 5. State Agencies to Apply to Department for Administrative Space . At any time on and after January 1, 1977, any State agency requiring any administrative space shall apply therefor to the Department on forms prescribed by the Department for such purpose, and the Department shall assign such space to the agency in conformity with the standards governing the utilization of administrative space promulgated pursuant to section 4 of this Act. Section 6. Advisory Board on Space Management . (a) Effective January 1, 1977, the Advisory Board on Space Management shall be created. The Board shall consist of five members: The Secretary of State, Chairman; the State Auditor; the Attorney General; the Commissioner of the Department of Agriculture; and the Commissioner of the Department of Administrative Services. (b) The Board shall meet on the call of the Chairman, for the purpose of reviewing formally submitted disagreements by affected agency heads concerning Department-directed space assignments and/or reassignments. Such formal submissions shall consist of a fully documented case history supporting the agency's disagreement, shall be signed by the agency head, and shall be forwarded to the Commissioner. The Commissioner shall refer such formal submissions to the Chairman on a timely basis. Following a

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thorough review, and after reaching a majority opinion, the Board shall make recommendations to the Governor as to the disposition of the disagreement. Sections 7. Commissioner Authorized to Provide Budgetary Requirements . The Commissioner is hereby authorized and directed to promulgate rules and regulations governing budgetary requirements for administrative space utilized by State agencies whereby such agencies shall be accountable in the budgetary process for administrative space assigned to and utilized by them. Such budgetary requirements may provide for the payment of rent to the Department by State agencies or may otherwise provide procedures for the assessment of rent charges for administrative space utilized by State agencies or any combination of the foregoing. Section 8. Rules and Regulations . In addition to the standards and rules and regulations specifically provided for by this Act, the Commissioner is hereby authorized to adopt such other rules and regulations as may be required to carry out the provisions of this Act efficiently and effectively. Section 9. Employment of Personnel . The Commissioner shall be authorized to employ such personnel as may be necessary to carry out the provisions of this Act effectively. Section 10. Construction . This Act shall be liberally construed so as to effectuate the purposes and the intent of the General Assembly. Section 11. Not Subject to Administrative Procedure Act . The Department 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 12. Specific Law Repealed . Effective July 1, 1976, item D of Section 2 of an Act approved March 29, 1937 (Ga. L. 1937, pp. 503, 506), entitled Supervisor of Purchases, which item D reads To rent or lease all

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grounds, buildings, offices, or other space required by any department, institution or agency of the State government: Provided, this shall not include temporary quarters for State Highway field forces or convict camps, or temporary places for storage for road materials is hereby specifically repealed. Section 13. General Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. MUNICIPAL HOME RULE ACT REPEALED, ETC. No. 821 (House Bill No. 1228). An Act to repeal an Act known as the Municipal Home Rule Law, approved February 13, 1951 (Ga. L. 1951, p. 116), as amended by an Act approved February 8, 1952 (Ga. L. 1952, p. 46) and by an Act approved April 13, 1973 (Ga. L. 1973, p. 778); to provide for the 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 Municipal Home Rule Law, approved February 13, 1951 (Ga. L. 1951, p. 116), as amended by an Act approved February 8, 1952 (Ga. L. 1952, p. 46) and by an Act approved April 13, 1973 (Ga. L. 1973, p. 778), is hereby repealed in its entirety. Section 2 . The repeal of the 1951 Act specified in section 1 of this Act shall not be construed to revive the Act specifically repealed by section 9 of said 1951 Act, and it is hereby declared to be the intention of the General Assembly that the repeal of the Act previously repealed by section 9 of said 1951 Act shall be continued in full force and effect.

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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. LIGHTNING RODSCERTAIN ACTS REPEALED. Code Chapter 84-18 Repealed. Code 84-9928 Repealed. No. 822 (House Bill No. 1230). An Act to repeal Code Chapter 84-18, relating to lightning rods, taxes assessed upon their installation, and contracts to sell lightning rods; to repeal Code section 84-9928, relating to criminal penalties invoked for violation of the provisions of Code Chapter 84-18; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 84-18, relating to lightning rods, taxes assessed upon their installation, and contracts to sell lightning rods, is hereby repealed in its entirety. Code Chapter 84-18 repealed. Section 2 . Code section 84-9928, relating to criminal penalties invoked for violation of the provisions of Code Chapter 84-18, is hereby repealed in its entirety. Code 84-9928 repealed. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976.

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REVENUE FROM STATE DEPARTMENTS, ETC.ACT REPEALED. Code Chapter 92-36 Repealed. Code 92-9915 Repealed. No. 824 (House Bill No. 1232). An Act to repeal Code Chapter 92-36, relating to the collection and payment of moneys, fees, commissions, penalties, and other charges by State departments, commissions, bureaus, and other branches and agencies of State government for the purpose of supporting and maintaining such governmental entities; to repeal Code section 92-9915, providing for criminal penalties for the violation of Code Chapter 92-36; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 92-36, relating to the collection and payment of moneys, fees, commissions, penalties, and other charges by State departments, commissions, bureaus, and other branches and agencies of State government for the purpose of supporting and maintaining such governmental entities, is hereby repealed in its entirety. Code Chapter 92-36 repealed. Section 2 . Code section 92-9915, providing for criminal penalties for the violation of Code Chapter 92-36, is hereby repealed in its entirety. Code 92-9915 repealed. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976.

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REVENUESALARY AND WAGE BUYERSACT REPEALED. Code 92-2010 Repealed. No. 825 (House Bill No. 1233). An Act to repeal Code section 92-2010, relating to the assessment of a fee on all persons, firms, corporations, or partnerships buying salary or wage accounts or lending money upon same, as amended by Paragraph 91 of section 2 of an Act approved March 28, 1935 (Ga. L. 1935, pp. 11, 50); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-2010, relating to the assessment of a fee on all persons, firms, corporations, or partnerships buying salary or wage accounts or lending money upon same, as amended by paragraph 91 section 2 of an Act approved March 28, 1935 (Ga. L. 1935, pp. 11, 50), is hereby repealed in its entirety. Code 92-2010 repealed. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. REVENUEINSURANCE COMPANIESRETURNS, ETC., CERTAIN PROVISIONS REPEALED. Code 92-5905 - 92-5908 Repealed. No. 826 (House Bill No. 1234). An Act to repeal Code section 92-5905, relating to the requirements of insurance companies doing business within the State to furnish names of agents to the Comptroller General in making required returns; to repeal Code section

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92-5906, relating to the requirements of the president of each insurance company to make the return required by Code section 92-5904; to repeal Code section 92-5907, relating to the designation by each insurance company in its return of an officer or attorney to receive legal process; to repeal Code section 92-5908, relating to the requirement that all persons making returns to the State Revenue Commissioner shall pay taxes on or before September 1; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-5905, relating to the requirements of insurance companies doing business within the State to furnish names of agents to the Comptroller General in making required returns, is hereby repealed in its entirety. Code 92-5905 repealed. Section 2 . Code section 92-5906, relating to the requirements of the president of each insurance company to make the return required by Code section 92-5904, is hereby repealed in its entirety. Code 92-5906 repealed. Section 3 . Code section 92-5907, relating to the designation by each insurance company in its return of an officer or attorney to receive legal process, is hereby repealed in its entirety. Code 92-5907 repealed. Section 4 . Code section 92-5908, relating to the requirement that all persons making returns to the State Revenue Commissioner shall pay taxes on or before September 1, is hereby repealed in its entirety. Code 92-5908 repealed. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976.

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REVENUEDEPUTY REVENUE COMMISSIONERS DUTIESACT REPEALED. Code 92-5802 Repealed. No. 827 (House Bill No. 1235). An Act to repeal Code section 92-5802, relating to the duties of the deputy revenue commissioners appointed under Code section 92-4507; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-5802, relating to the duties of the deputy revenue commissioners appointed under Code section 92-4507, is hereby repealed in its entirety. Code 92-5802 repealed. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. REVENUECERTAIN CONFEDERATE SOLDIER EXEMPTION REPEALED. Code 92-603 Repealed. No. 828 (House Bill No. 1236). An Act to repeal Code section 92-603, relating to the granting of an exemption from any special taxes to every park or place where certain athletic and sporting events are held under a charge of admission whenever the proprietor or owner is a maimed or disabled Confederate soldier; to repeal Code section 92-604, relating to the obtaining of an affidavit before the judge of the probate court to obtain the benefits of Code section 92-603; 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 92-603, relating to the granting of an exemption from any special taxes to every park or place where certain athletic and sporting events are held under a charge of admission whenever the proprietor or owner is a maimed or disabled Confederate soldier, is hereby repealed in its entirety. Code 92-603 repealed. Section 2 . Code section 92-604, relating to the obtaining of an affidavit before the judge of the probate court to obtain the benefits of Code section 92-603, is hereby repealed in its entirety. Code 92-604 repealed. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. REVENUECERTAIN VETERAN PENALTY EXEMPTIONS, ETC. REPEALED. No. 829 (House Bill No. 1237). An Act to repeal an Act entitled An Act to provide an exemption for members of the armed forces from the payment of any penalties, costs, interests or other fees assessed for failure to return real or personal property or to pay the tax on same; to provide for method of exemption; to provide for application by affidavit for exemptions; to withhold exemptions from persons dishonorably discharged; to provide the effective date of the Act; to provide a separability clause; to repeal conflicting laws; and for other purposes, approved March 8, 1945 (Ga. L. 1945, p. 248); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled An Act to provide an exemption for members of the armed forces from the payment

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of any penalties, costs, interests, or other fees assessed for failure to return real or personal property or to pay the tax on same; to provide for method of exemption; to provide for application by affidavit for exemptions; to withold exemptions from persons dishonorably discharged; to provide the effective date of the Act; to provide a separability clause; to repeal conflicting laws; and for other purposes., approved March 8, 1945 (Ga. L. 1945, p. 248), is hereby repealed in its entirety. Repeal. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. REVENUECERTAIN INCOME TAX ABATEMENT ACT FOR VETERANSEXEMPTIONS REPEALED. No. 830 (House Bill No. 1238). An Act to repeal an Act entitled An Act for the abatement of all income taxes for members of the armed forces upon death; and for other purposes, approved March 9, 1945 (Ga. L. 1945, p. 416), as amended by an Act approved February 1, 1946 (Ga. L. 1946, p. 11); to repeal an Act providing for income tax deductions, exemptions, and extensions for men and women serving in the armed forces of the United States during World War II, approved February 1, 1946 (Ga. L. 1946, p. 16); to repeal an Act providing for deductions and refunds to men and women serving in the armed forces during World War II, approved February 19, 1949 (Ga. L. 1949, p. 928); to repeal an Act providing for the approval of an executive order granting a cancellation and annulment of the collection of income taxes on certain compensation received for services as a member of the armed forces for the years 1950, 1951, and 1952, approved February 3, 1953 (Ga. L. 1953, p. 6); to repeal an Act providing deductions, exemptions, and refunds on income taxes of those members of the armed forces serving in the Korean conflict,

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approved February 24, 1953 (Ga. L. 1953, p. 187); to repeal an Act providing for deductions and exemptions on income taxes of those members of the armed forces serving in the Korean conflict, approved February 27, 1953 (Ga. L. 1953, p. 268); to repeal an Act providing for the recomputation of and additional deduction to the gross income of any member of the armed forces serving in the Korean conflict, approved February 27, 1953 (Ga. L. 1953, p. 286); to repeal an Act providing for certain deductions and exemptions for enlisted personnel and commissioned officers serving in and during the War in Vietnam, approved March 16, 1966 (Ga. L. 1966, p. 523), as amended by an Act approved April 24, 1969 (Ga. L. 1969, p. 638), and an Act approved April 24, 1969 (Ga. L. 1969, p. 647); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled An Act for the abatement of all income taxes for members of the armed forces upon death; and for other purposes, approved March 9, 1945 (Ga. L. 1945, p. 416), as amended by an Act approved February 1, 1946 (Ga. Laws 1946, p. 11), is hereby repealed in its entirety. Death exemption repealed. Section 2 . An Act providing for income tax deductions, exemptions, and extensions for men and women serving in the armed forces of the United States during World War II, approved February 1, 1946 (Ga. L. 1946, p. 16), is hereby repealed in its entirety. Deductions, repealed. Section 3 . An Act providing for deductions and refunds to men and women serving in the armed forces during World War II, approved February 19, 1949 (Ga. L. 1949, p. 928), is hereby repealed in its entirety. Refunds, repealed. Section 4 . An Act providing for the approval of an executive order granting a cancellation and annulment of the collection of income taxes on certain compensation received for services as a member of the armed forces for the years 1950, 1951, and 1952, approved February 3, 1953 (Ga. L. 1953, p. 6), is hereby repealed in its entirety. Cancellation, repealed.

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Section 5 . An Act providing deductions, exemptions, and refunds on income taxes of those members of the armed forces serving in the Korean conflict, approved February 24, 1953 (Ga. L. 1953, p. 187), is hereby repealed in its entirety. Deductions, repealed. Section 6 . An Act providing for deductions and exemptions on income taxes of those members of the armed forces serving in the Korean conflict, approved February 27, 1953 (Ga. L. 1953, p. 268), is hereby repealed in its entirety. Same. Section 7 . An Act providing for the recomputation of and additional deduction to the gross income of any member of the armed forces serving in the Korean conflict, approved February 27, 1953 (Ga. L. 1953, p. 286), is hereby repealed in its entirety. Same. Section 8 . An Act providing for certain deductions and exemptions for enlisted personnel and commissioned officers serving in and during the War in Vietnam, approved March 16, 1966 (Ga. L. 1966, p. 523), as amended by an Act approved April 24, 1969 (Ga. L. 1969, p. 638), and an Act approved April 24, 1969 (Ga. L. 1969, p. 647), is hereby repealed in its entirety. Same. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. REVENUEINCOME TAXKOREAN VETERANS, EXTENSION ACT REPEALED. No. 831 (House Bill No. 1239). An Act to repeal an Act entitled An Act to grant extensions of time for the filing of income tax returns by returning Korean veterans; to provide that no interest shall accrue during such time; to repeal conflicting laws; and for other purposes., approved February 12, 1952 (Ga. L. 1952, p. 92); 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 entitled An Act to grant extensions of time for the filing of income tax returns by returning Korean veterans; to provide that no interest shall accrue during such time; to repeal conflicting laws; and for other purposes., approved February 12, 1952 (Ga. L. 1952, p. 92), is hereby repealed in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. REVENUEMOTOR FUEL TAXATIONWATERCRAFT TAX REPEALED. Code 92-1403 Amended. No. 832 (House Bill No. 1240). 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 January 25, 1950 (Ga. L. 1950, p. 3), an Act approved March 15, 1963 (Ga. L. 1963, p. 138), an Act approved March 10, 1964 (Ga. L. 1964, p. 312), an Act approved March 30, 1965 (Ga. L. 1965, p. 399), an Act approved March 10, 1966 (Ga. L. 1966, p. 319), and an Act approved March 31, 1971 (Ga. L. 1971, p. 330), so as to repeal subsection (j), relating to taxation of motor fuel used in the operation of watercraft upon certain waters; 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

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approved January 25, 1950 (Ga. L. 1950, p. 3), an Act approved March 15, 1963 (Ga. L. 1963, p. 138), an Act approved March 10, 1964 (Ga. L. 1964, p. 312), an Act approved March 30, 1965 (Ga. L. 1965, p. 399), an Act approved March 10, 1966 (Ga. L. 1966, p. 319), and an Act approved March 31, 1971 (Ga. L. 1971, p. 330), is hereby amended by striking subsection (j), relating to taxation of motor fuel used in the operation of watercraft upon certain waters, in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. REVENUEOBSCENE MATERIAL TAX REPEALED. No. 834 (House Bill No. 1245). An Act to repeal an Act entitled An Act to impose a tax on obscene materials; to define terms; to repeal conflicting laws; and for other purposes., approved March 20, 1970 (Ga. L. 1970, p. 443); 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 impose a tax on obscene materials; to define terms; to repeal conflicting laws; and for other purposes., approved March 20, 1970 (Ga. L. 1970, p. 443), is hereby repealed in its entirety. Repeal. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976.

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EDUCATIONPLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG PROVIDED. No. 835 (House Bill No. 1269). 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), as amended, so as to provide for the recitation of the Pledge of Allegiance to the flag of the United States of America by students in the public schools of the State of Georgia; to provide for the establishment of practices and procedures for the recitation of the Pledge of Allegiance; 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, is hereby amended by adding, following section 64, a new section 64A, to read as follows: Section 64A. Pledge of Allegiance to the flag . Each student in the public schools of the State of Georgia shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Said policy shall be established in writing and shall be distributed to each teacher within the school. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976.

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AGRICULTURECERTAIN OWNERSHIP OF FALLING PECANS PROVIDEDCERTAIN ACTS PENALIZED. No. 836 (House Bill No. 1291). An Act to provide that pecans falling from trees grown on private property onto public road, street or highway rights-of-way shall be the property of the owner of such trees during the harvesting season; to provide that it shall be unlawful to remove pecans from such public rights-of-way without the permission of the owner of the trees; to provide that it shall be unlawful for any person, without the permission of the owner of such trees, to pick or otherwise remove any pecans from the limbs or branches of pecan trees or to cause pecans to fall from such trees; to provide for definitions; to provide that pecans remaining on such public rights-of-way during that portion of the calendar year except the harvesting season shall be deemed to be abandoned; to provide for the construction of this Act; 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 . When pecan trees are grown on private property and the branches of such trees extend over public road, street or highway rights-of-way, any pecans falling from any such pecan trees onto such public rights-of-way shall be the property of the owner of such pecan trees until the end of the harvesting season, and it shall be unlawful for any person, without the permission of the owner of such trees, to remove such pecans from any such public rights-of-way during the harvesting season. It shall be unlawful for any person, without the permission of the owner of such trees, to pick or otherwise remove any pecans from the limbs or branches of pecan trees or to cause pecans to fall from such trees.

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Section 2 . As used in section 1 of this Act: (a) Owner means the person, firm or corporation owning the land on which pecan trees are growing or the person, firm or corporation having legal possession of such land. Definitions. (b) Harvesting season means that portion of each calendar year beginning on October 1 and ending on December 31. Section 3 . Any pecans remaining on public road, street or highway rights-of-way during that portion of each calendar year except the harvesting season shall be deemed to be abandoned by the owner of such pecans, and it shall not be unlawful for any person to remove such pecans from such public rights-of-way, except during the harvesting season. Exemption. Section 4 . The provisions of this Act shall not be construed to prohibit employees of the State Department of Transportation or the employees of a county or municipality from engaging in normal activities of maintenance on the rights-of-way of public roads, streets or highways. Nor shall the provisions of this Act be construed to grant the owner of any pecan trees the right to harvest pecans from the right-of-way of any Interstate or other limited access highway. Section 5 . Any person violating the provisions of section 1 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Penalty. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976.

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FINANCIAL INSTITUTIONS CODE AMENDEDCERTAIN FIDUCIARY PRIVILEGES EXTENDED. Code 41A-1401 Amended. No. 837 (House Bill No. 1301). An Act to amend Code section 41A-1401, relating to powers of a trust company to act as fiduciary and in other representative capacities, so as to provide that every bank, building and loan association, and credit union operating pursuant to the provisions of the Financial Institutions Code of Georgia shall possess all of the rights, privileges, powers and responsibilities conferred upon trust companies; to provide that no bank, building and loan association, or credit union shall exercise such powers, privileges and responsibilities without the prior written approval of the Department of Banking and Finance; to provide that any bank previously exercising or partially exercising trust powers authorized in its Articles may continue to exercise or partially exercise those powers, privileges and responsibilities to the extent approved by the Department of Banking and Finance without the necessity of obtaining a new approval; 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 41A-1401, relating to powers of a trust company to act as fiduciary and in other representative capacities, is hereby amended by adding a new subsection at the end thereof, to be designated subsection (c), to read as follows: (c) Every bank, building and loan association, and credit union operating pursuant to the provisions of this Title shall possess all of the rights, privileges, powers and responsibilities herein conferred upon trust companies; provided, however, that no such bank, building and loan association, or credit union shall exercise such powers and privileges without the prior written approval of the Department

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after a careful consideration of the factors enumerated in Code section 41A-1805 relating to the chartering of trust companies. Any bank previously exercising or partially exercising trust powers authorized by its Articles may continue to exercise or partially exercise those powers to the extent approved by the Department without the necessity of obtaining a new approval. Code 41A-1401 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 February 27, 1976. FINANCIAL INSTITUTIONS CODE AMENDEDDRAFT ACCEPTANCE TIME CHANGED. Code 41A-1305 Amended. No. 838 (House Bill No. 1304). An Act to amend Code section 41A-1305, relating to acceptances, so as to change the time within which the acceptance of drafts shall be permitted; 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 41A-1305, relating to acceptances, is hereby amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) of Code section 41A-1305, to read as follows: (a) A bank may accept drafts upon it having not more than nine months sight to run arising out of transactions involving: Code 41A-1305 amended.

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(1) the import or export of goods; (2) the domestic shipment of goods, if secured by documents of title covering such goods; or (3) the storage of readily marketable staples, if secured by documents of title covering such staples. 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, 1976. COUNTY BOARD OF TAX EQUALIZATIONALTERNATE MEMBERS PROVIDED. No. 839 (House Bill No. 1325). An Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing procedure for a review of assessments made by county boards of tax assessors, approved April 6, 1972 (Ga. L. 1972, p. 1094), as amended, so as to provide that alternate members of the board of equalization, in the order in which selected, shall serve in any appeal at a regularly scheduled or called meeting in the absence of a member; to provide that, with respect to such appeal, the alternate member shall be considered a member; 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 comprehensively and exhaustively revising, superseding and modernizing procedure for a review

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of assessments made by county boards of tax assessors, approved April 6, 1972 (Ga. L. 1972, p. 1094), as amended, is hereby amended by adding at the end of section 7 a new subsection, to be designated subsection (C), to read as follows: (C) Alternate members of the board of equalization, in the order in which selected, shall serve in any appeal at a regularly scheduled or called meeting in the absence of a member. With respect to such appeal, the alternate member shall be considered a member. Members. 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, 1976. COUNTY OFFICERSCERTAIN SUSPENSION ON FELONY CONVICTION PROVIDED. Code Chapter 89-5 Amended. No. 840 (House Bill No. 1334). An Act to amend Code Chapter 89-5, relating to vacancies and resignations of public officers, as amended, so as to provide a procedure for suspending county officers, except probate judges, from office pending the outcome of any direct appeal or application for writ of certiorari taken from conviction of a felony; to provide for suspension of pay while the county officer is suspended; to provide for appointment of replacement officers; 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 89-5, relating to vacancies and resignations of public officers, as amended, is hereby amended by adding a new section thereto, to be known as Code section 89-506, to read as follows: 89-506. County officers; suspension pending appeal from conviction of felony . (a) Upon conviction of a felony in any court of this State, of any other state, or of the United States, a county officer, except a probate judge, so convicted shall be suspended from office instanter and without further action pending the outcome of any direct appeal or application for a writ of certiorari that may be taken from the conviction. If, during the term of office to which such officer was elected and in which the conviction occurred, the conviction is overturned as a result of any such direct appeal or application for writ of certiorari, the county officer shall be immediately reinstated to the office from which he was suspended. While such county officer is suspended he shall not receive any income from his office. If the county officer is reinstated, he shall receive all the back income from his office that he would have received had he not been suspended. Upon the final conviction of any such officer, the provisions of Code section 89-505 shall apply. (b) The Governor shall appoint for the duration of any suspension under the provisions of this section a replacement officer for any officer suspended hereunder. The replacement officer so appointed shall be from the same county as the suspended officer and shall otherwise be qualified to serve during the period of suspension. If the conviction of the suspended county officer becomes final, the Governor is empowered to continue the appointment of the replacement officer or may appoint anyone else from the county also qualified to serve until the next general election. (c) Notwithstanding any other provisions to the contrary, when a county commissioner is suspended hereunder he or she shall be replaced by the remaining county commissioner or commissioners. Provided however, when there

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is only one commissioner in a county and he or she is suspended, the provisions of section 1 (b) shall apply. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. DISPENSING OPTICIANSADDITIONAL TRAINING PROVIDED. No. 841 (House Bill No. 1346). An Act to amend an Act creating the State Board of Dispensing Opticians and providing for the licensing of dispensing opticians, approved February 16, 1956 (Ga. L. 1956, p. 148), so as to provide for additional training of dispensing opticians; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Board of Dispensing Opticians and providing for the licensing of dispensing opticians, approved February 16, 1956 (Ga. L. 1956, p. 148), is hereby amended by adding between sections 11 and 12 a new section 11A, to read as follows: Section 11A. (a) Each person who holds a license as a dispensing optician shall be required to complete a course of continuing education not to exceed six hours prior to renewal of said license. Two hours of continuing education shall be required for license renewals for January, 1977, and no less than four (4) nor more than six (6) hours for each renewal year thereafter. Commencing in January, 1977, the State Board of Dispensing Opticians shall notify each licensed dispensing optician of the number of hours of continuing education required for license renewal no less than one (1) year prior to the next license renewal date. Training.

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(b) With his application for license renewal, each optician must submit a certificate or certificates of attendance for course hours completed as proof that his education requirements have been satisfied. The State Board of Dispensing Opticians shall give credit for any course that increases the education of a dispensing optician given by any recognized National, Regional, or State dispensing society or association and which is made available to all licensed opticians on a reasonably nondiscriminatory fee basis. The Board may also approve, in accordance with the objectives of the Dispensing Optician Act as hereby amended, other courses to be held within or without Georgia which are available to all persons on a reasonably nondiscriminatory fee basis. Any group of ten or more licensed opticians may arrange for an educational course and request Board approval thereof. Any such request shall be made at least 90 days prior to the proposed date of the course and shall include full details as to the contents of the course, the instructors and the charge to be made for attendance thereat, as well as any other information which the Board may require. The Board shall endeavor to act upon any request for approval at least 45 days prior to the proposed date therefor and shall thereupon notify all licensed opticians of the time, place, contents and charges for any such approved course. The certificate(s) of attendance required hereunder shall be issued to the optician upon completion of the approved course. Credit will be allowed on the basis of an hour for hour. To receive one hour credit, one must attend one full hour. There will be no fractional hour credits. (c) A licensed optician, over the age of sixty-five, shall not be required to satisfy these education provisions. The State Board of Dispensing Opticians may waive the requirements of this section for any year upon proof of hardship or disability. An optician failing to complete the course hours required hereunder shall have his license restored upon proof of subsequent completion of required course hours and the payment of a penalty of $50.00.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. INTOXICATING LIQUORSWINEPUBLIC RECORD INSPECTION PROVIDED. No. 842 (House Bill No. 1387). An Act to amend an Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. L. 1937, p. 851), as amended, so as to provide that certain records pertaining to wine brands, shipments and sales shall be open to 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 . An Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. L. 1937, p. 851), as amended, is hereby amended by adding an additional paragraph to section 6 as follows: The records of the State Revenue Commissioner relating to wine brands, shipments, and sales by manufacturers, shippers or wholesalers shall at all reasonable times be open to the inspection of the public. Records. 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, 1976.

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INTOXICATING LIQUORSMALT BEVERAGESPUBLIC RECORD INSPECTION PROVIDED. No. 843 (House Bill No. 1389). An Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, so as to provide that certain records pertaining to malt beverage brands, shipments and sales shall be open to 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 . An Act relating to license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, is hereby amended by adding to section 5A a new subsection to be designated (j), to read as follows: (j) The records of the State Revenue Commissioner relating to malt beverage brands, shipments and sales by manufacturers, shippers or wholesalers shall at all reasonable times be open to the inspection of the public. Records. 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, 1976. GEORGIA PESTICIDE CONTROL ACT OF 1976. No. 844 (House Bill No. 1391). An Act to regulate the distribution, sale, transportation, use and disposal of pesticides in the State of Georgia; to

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provide a short title; to provide for an enforcing official; to provide definitions; to describe misbranding; to specify prohibited acts; to provide for registration; to provide for experimental use permits; to provide for the refusal to register, cancellation, suspension, and legal recourse; to provide for regulations; to provide for enforcement actions, including Stop Sale, Use, or Removal Orders; to provide for judicial review; to provide for licenses; to provide for records; to provide for denial, suspension, and revocation of licenses; to provide for subpoenas; to provide for penalties; to provide for publication of information; to provide for protection of certain information; to provide for delegation of duties; to provide for cooperation between certain agencies; to provide for disposition of funds; to provide for severability; to provide for other matters relative thereto; to repeal the Georgia Economic Poisons Act, approved February 17, 1950 (Ga. L. 1950, p. 390), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title . This Act shall be known as the Georgia Pesticide Control Act of 1976. Section 2. Enforcing Official . This Act shall be administered by the Commissioner of Agriculture of the State of Georgia, hereinafter referred to as the Commissioner. Section 3. Declaration of Purpose . The purpose of this Act is to regulate, in the public interest, the labeling, distribution, storage, transportation, use, and disposal of pesticides as hereinafter defined. The General Assembly hereby finds that pesticides are valuable to our State's agricultural production and to the protection of man and the environment from insects, rodents, weeds, and other forms of life which may be pests; but it is essential to the public health and welfare that they be regulated to prevent adverse effects on human life and the environment. New pesticides are continually being discovered or synthesized which are valuable to the control of pests, and for use as defoliants,

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desiccants, and plant regulators. The dissemination of accurate scientific information as to the proper use of any pesticide is vital to the public health and welfare and the environment, both immediate and future. Therefore, it is deemed necessary to provide for regulation of such pesticides. Section 4. Definitions . As used in this Act: (1) Commissioner means the Commissioner of Agriculture. (2) Active Ingredient means any ingredient which will prevent, destroy, repel, control or mitigate pests, or which will act as a plant regulator, defoliant, or desiccant. (3) Adulterated shall apply to any pesticide if its strength or purity falls below the professed standard of quality as expressed on its labeling or under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted. (4) Animal means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish, and shellfish. (5) Antidote means the most practical immediate treatment in case of poisoning and includes first-aid treatment. (6) Beneficial Insects means those insects which, during their life cycle, are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial. (7) Defoliant means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. (8) Desiccant means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue.

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(9) Device means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom. (10) Distribute means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and (having so received), deliver or offer to deliver, pesticides in this State. (11) Environment includes water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these. (12) EPA means the United States Environmental Protection Agency. (13) FIFRA means the Federal Insecticide, Fungicide and Rodenticide Act, and the amendments thereto. (14) Fungi means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other living animals, and except those in or on processed food, beverages, or pharmaceuticals. (15) Highly Toxic Pesticide means any pesticide determined to be a highly toxic pesticide under the authority of section 25(c) (2) of FIFRA or by the Commissioner under section 10(1) (b) of this Act. (16) Imminent Hazard means a situation which exists when the continued use of a pesticide during the time required for cancellation proceedings pursuant to section 9 of this Act would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard

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to the survival of a species declared endangered under the Endangered Species Act of 1973 (16 USC section 1531 et. seq.), and any amendments thereto. (17) Inert Ingredient means an ingredient which is not an active ingredient. (18) Ingredient Statement means (a) statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide, and (b) when the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water soluble arsenic, each calculated as elemental arsenic. (19) Insect means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes, and wood lice. (20) Label means the written, printed or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. (21) Labeling means the label and all other written, printed, or graphic matter: (a) accompanying the pesticide or device at any time; or (b) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of EPA; the United States Departments of Agriculture and Interior and Department of Health, Education, and Welfare; state experiment stations; state agricultural colleges; and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides. (22) Land means all land and water areas, including airspace, and all plants, animals, structures, buildings,

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contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. (23) Nematode means invertebrate animals of the phylum Nemathelminthes and class Nematoda, that is, unsegmented roundworms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms. (24) Permit means a written certificate issued by the Commissioner or his authorized agent, authorizing the purchase, possession, or use, or any combination thereof, of certain pesticides or pesticide uses defined in subsections (31) and (33) of this Section. (25) Person means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not. (26) Pest means (a) any insect, rodent, nematode, fungus, weed, or (b) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except virus, bacteria, or other microorganism on or in living man or other living animals), which the EPA Administrator declares to be a pest under section 25 (C), (1), of FIFRA or which the Commissioner declares to be a pest under section 10(1) (a) of this Act. (27) Pesticide means (a) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, and (b) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. (28) Plant Regulator means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.

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(29) Protect Health and the Environment means protection against any unreasonable adverse effects on the environment. (30) Registrant means a person who has registered any pesticide pursuant to the provisions of this Act. (31) Restricted Use Pesticide means any pesticide whose label bears one or more uses which have been classified as restricted by the Administrator, EPA. (32) Restricted Use Pesticide Dealer means any person who distributes any restricted use pesticide or any state restricted pesticide use to any person other than a manufacturer or distributor of pesticides. (33) State Restricted Pesticide Use means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the Commissioner determines, subsequent to a hearing, requires additional restrictions for that use to protect the environment including man, lands, beneficial insects, animals, crops, and wildlife, other than pests. (34) Unreasonable Adverse Effects on the Environment means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. (35) Weed means any plant which grows where not wanted. (36) Wildlife means all living things that are neither human, domesticated, nor, as defined in this Act, pests, including but not limited to mammals, birds, and aquatic life. Section 5. Misbranded . The term misbranded shall apply: (1) To any pesticide or device subject to this Act:

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(a) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; (b) If it is an imitation of or is distributed under the name of another pesticide; (c) If any word, statement, or other information required to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling), or in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (2) To any pesticide: (a) If the labeling does not contain a statement of the Federal use classification under which the product is registered; (b) If the labeling accompanying it does not contain directions for use which are necessary for affecting the purpose for which the product is intended and, if complied with, together with any requirements imposed under section 3(d) of FIFRA, are adequate to protect health and the environment; (c) If the label does not bear; (i) Name, brand, or trademark under which the pesticide is distributed; (ii) An ingredient statement on that part of the immediate container (and on the outside container and wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read) which is presented or displayed under customary conditions of purchase; provided, that the ingredient statement may appear prominently on another part of the container as permitted pursuant to section 2(q) (2) (A) of

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FIFRA if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase; (iii) A warning or caution statement which may be necessary and which, if complied with together with any requirements imposed under section 3(d) of FIFRA, would be adequate to protect the health and environment; (iv) The net weight or measure of the content; (v) The name and address of the manufacturer, registrant, or person for whom manufactured; and (vi) The EPA registration number assigned to the pesticide, and the EPA Establishment Number if required by regulations under FIFRA. (d) If that pesticide contains any substance or substances in quantities highly toxic to man unless the label bears, in addition to other label requirements; (i) The skull and crossbones; (ii) The word POISON in red prominently displayed on a background of distinctly contrasting color; and (iii) A statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide. (e) If the pesticide container does not bear a registered label or does not bear a label for experimental use only. Section 6. Prohibited Acts . (1) It is unlawful for any person to distribute in the State any of the following: (a) Any pesticide which has not been registered pursuant to the provisions of this Act; (b) Any pesticide if any of the claims made for it or any

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of the directions for its use or other labeling differ from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration; provided, that a change in the labeling or formulation of a pesticide may be made within a registration period without requiring reregistration of the product if the registration is amended to reflect such change and if such change will not violate any provision of FIFRA or this Act; (c) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container, and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this Act and the regulations adopted under this Act; (d) Any pesticide which has not been colored or discolored pursuant to the provisions of section 25(c) (5) of FIFRA or section 10(2) (f) of this Act; (e) Any pesticide which is adulterated or misbranded or any device which is misbranded; (f) Any pesticide in containers which are unsafe due to damage. (2) It shall be unlawful: (a) To distribute any pesticide labeled for restricted uses to any person who is required by law or regulations promulgated under such law to have a permit or to be certified to use or purchase such pesticide labeled for restricted uses, unless such person or his agent, to whom distribution is made, has a valid permit or is certified to use or purchase the kind and quantity of such pesticide labeled for restricted uses; provided, that subject to conditions established by the Commissioner, such permit may be obtained immediately prior to distribution from any person designated by the Commissioner;

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(b) For any person to detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in this Act or regulations adopted under this Act, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this Act or the regulations adopted thereunder; (c) For any person to use or cause to be used any pesticide in a manner inconsistent with its labeling or regulations of the Commissioner if those regulations further restrict the uses provided on the labeling; (d) For any person to use for his own advantage or to reveal, other than to the Commissioner, or properly designated State or federal officials or employees of the State or federal executive agencies, or to the courts of the State or federal government in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of section 7 of this Act or any information judged by the Commissioner as containing or relating to trade secrets or commercial or financial information obtained by authority of this Act and marked as privileged or confidential by the registrant; (e) For any person to handle, transport, store, display, or distribute pesticides in such a manner as to endanger man and his environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with such pesticides; (f) For any person to dispose of, discard or store any pesticides or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any water supply or waterway; (g) For any person to refuse or otherwise fail to comply with the provisions of this Act, or the regulations adopted hereunder.

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(3) Exemptions: The penalties provided for violations of section 6(1) (a), (b), (c), (d), and (e) of this Act shall not apply to: (a) Any carrier while lawfully engaged in transporting a pesticide within this State, if such carrier shall, upon request, permit the Commissioner to copy all records showing the transactions in and movement of the pesticides or devices; (b) Public officials of this State and the federal government while engaged in the performance of their official duties in administering State or federal pesticide laws or regulations; (c) The manufacturer, shipper, or distributor of a pesticide for experimental use only by or under the supervision of an agency of this State or of the federal government authorized by law to conduct research in the field of pesticides; provided, that there is a valid experimental use permit for such pesticide; (d) Any person who ships a substance or mixture of substances being put through tests, in which the purpose is only to determine its value for pesticide purposes, or to determine its toxicity or other properties, and from which the user does not expect to receive any benefit in pest control from its use. (4) No pesticide or device shall be deemed in violation of this Act when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this Act shall apply. Section 7. Registration . (1) Every pesticide which is distributed in this State shall be registered with the Commissioner subject to the provisions of this Act. Such registration shall be renewed annually prior to January 1; provided, that registration is not required if a pesticide is shipped from one plant or warehouse to another plant or

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warehouse operated by the same person and used solely at such plant or warehouse as a constituent part to make a pesticide which is registered under the provisions of this Act; or if the pesticide is distributed under the provisions of an experimental use permit issued under section 8 of this Act; provided, that after October 21, 1977, when all pesticides have been classified for General or Restricted Use as required by section 3 of FIFRA, the Commissioner, by regulation, may require the registration of products on a multiple-year basis of two, three, four, or five years. (2) The applicant for registration shall file a statement with the Commissioner which shall include: (a) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than applicant's; (b) The name of the pesticide; (c) Other necessary information required for completion of the department's application for registration form; (d) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided for in FIFRA. (3) The Commissioner, when he deems it necessary in the administration of this Act, may require the submission of the complete formula of any pesticide including the active and inert ingredients. (4) The Commissioner may require a full description of the tests made and the results thereof on which the claims are based on any pesticide not registered pursuant to section 3 of FIFRA or on any pesticide on which restrictions are being considered. The Commissioner may refuse to consider data he required of the initial registrant of a

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pesticide use in support of any other application for registration of that same use unless such subsequent applicant has first obtained written permission to use such data. If data from the original registrant is considered without said permission, the Commissioner shall promptly notify said initial registrant. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered. (5) The Commissioner may prescribe other necessary information by regulation. (6) The applicant desiring to register a pesticide shall pay an annual registration fee of ten (10) dollars to the Commissioner for each pesticide registered for such applicant. All such registrations shall expire on December 31 of any one year; provided, that if the Commissioner adopts a multiple-year registration period, the annual registration fee of ten (10) dollars per product shall be compounded for the number of years included in the multiple-year registration. A registration for a special local need pursuant to section 7(9) of this Act, which is disapproved by the Administrator, EPA, shall expire on the effective date of the Administrator's disapproval. (7) Any registration approved by the Commissioner and in effect on the 31st day of December or in case a multiple-year registration period is adopted, on the last day of the registration period, for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until such time as the Commissioner notifies the applicant that the registration has been renewed, or otherwise denied, in accordance with the provisions of section 9 of this Act. Forms for reregistration shall be mailed to registrants at least 30 days prior to the due date. (8) If the renewal of a pesticide registration is not filed prior to January 1 of any one year, or by the expiration date in the case of multiple-year registration, the applicable registration fee shall be doubled and shall be paid by the

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applicant before the registration renewal for that pesticide shall be issued. (9) Provided the State is certified by the Administrator of EPA to register pesticides for special local need pursuant to section 24(c) of FIFRA, the Commissioner shall require the information set forth under subsections (2), (3), (4), and (5) of this section and, subject to the terms and conditions of that certification, shall register such pesticide if he determines that: (a) Its composition is such as to warrant the proposed claims for it; (b) Its labeling and other material required to be submitted comply with the requirements of this Act; (c) It will perform its intended function without unreasonable adverse effects on the environment; (d) When used in accordance with widespread and commonly recognized practice it will not generally cause unreasonable adverse effects on the environment; (e) The classification for general or restricted use is in conformity with section 3(d) of FIFRA; and (f) A special local need exists. (10) The Commissioner shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two pesticides meet the requirements of this section, one should not be registered in preference to the other. Section 8. Experimental Use Permits . (1) Provided the State is authorized by the Administrator of EPA to issue experimental use permits, the Commissioner may: (a) Issue an experimental use permit to any person applying for an experimental use permit if he determines that the applicant needs such permit in order to accumulate information

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necessary to register a pesticide under section 7(9) of this Act. An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed; (b) Refuse to issue an experimental use permit if he determines that issuance of such permit is not warranted or that the pesticide use to be made under the proposed terms and conditions may cause unreasonable adverse affects on the environment; (c) Prescribe terms, conditions, and period of time for the experimental use permit which shall be under the supervision of the Commissioner; (d) Revoke or modify any experimental use permit, at any time, if he finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment. (2) Provided, that any person who has obtained an EPA experimental use permit for a product to be used in Georgia, shall, before shipping the product into Georgia, secure an experimental use permit from the Commissioner. No fee shall be required for any experimental use permit issued under the provisions of this Act. Section 9. Refusal to Register, Cancellation, Suspension, Legal Recourse . (1) Provided the State is certified by the Administrator of EPA to register pesticides formulated to meet special local needs, the Commissioner shall consider the following for refusal to register; for cancellation; for suspension; or for legal recourse against such pesticides: (a) If it does not appear to the Commissioner that the composition of the pesticide is such as to warrant the proposed claims for it, or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this Act or regulations adopted thereunder, he shall notify the applicant of the manner in which the pesticide, labeling, or other material required to be

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submitted fails to comply with the provisions of this Act so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the required changes, the Commissioner may refuse to register the pesticide. The applicant may request a hearing as provided for in the Georgia Administrative Procedure Act; (b) When the Commissioner determines that a pesticide or its labeling does not comply with the provisions of the Act or the regulations adopted thereunder, or when necessary to prevent unreasonable adverse effect on the environment, he may cancel the registration of a pesticide, or change the classification of a pesticide, after providing opportunity for a hearing in accordance with the provisions of the Georgia Administrative Procedure Act; (c) When the Commissioner determines that there is an imminent hazard, he may, on his own motion, immediately suspend the registration of a pesticide in conformance with the provisions of the Georgia Administrative Procedure Act. Opportunity for a hearing shall be provided thereafter with the utmost possible expedition; (d) Any person who will be adversely affected by such order in this section may obtain judicial review thereof, in accordance with the provisions of the Georgia Administrative Procedure Act. (2) If the Commissioner determines that a federally registered pesticide, with respect to the use of such pesticide within this State, (a) does not warrant the proposed claims for it, or (b) if the pesticide would cause unreasonable adverse effects on the environment, he may refuse to register the pesticide as required in section 7 of this Act, or if the pesticide is registered under section 7 of this Act, the registration may be cancelled or suspended as per subsections (1) (b) and (c) of this section. If the Commissioner determines that the pesticide does not comply with the provisions of FIFRA or the regulations adopted thereunder, he shall advise EPA of the manner in which the pesticide,

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labeling, or other material required to be submitted fails to comply with the provisions of FIFRA, and suggest necessary corrections. Section 10. Authority; Determinations; Rules and Regulations; Restricted Use Pesticides; and Uniformity . (1) The Commissioner is authorized, after due notice and an opportunity for a hearing: (a) To declare as a pest any form of plant or animal life (other than man and other than bacteria, viruses and other microorganisms on or in living man or other living animals) which is injurious to health or the environment; (b) To determine whether pesticides registered under the authority of section 24(c) of FIFRA are highly toxic to man. The regulations promulgated by EPA pursuant to section 25(c) (2) of FIFRA, as issued or hereafter amended shall govern the Commissioner's determinations; (c) To determine pesticides, and quantities of substances contained in pesticides registered for special local needs, which are injurious to the environment. The Commissioner shall be guided by EPA regulations in this determination. (2) The Commissioner is authorized, after due notice and a public hearing, as provided for in the Georgia Administrative Procedure Act, to make appropriate regulations, where such regulations are necessary for the enforcement and administration of the Act, including but not limited to regulations providing for: (a) The collection, examination and reporting of samples of pesticides or devices pursuant to Section 11(1); (b) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers; (c) Labeling requirements of all pesticides required to be registered under provisions of this Act, provided, that such regulations shall not impose any requirements for federally registered labels in addition to or different from those required pursuant to FIFRA;

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(d) Specifying classes of devices which shall be subject to the provisions of section 5 (1) of this Act; (e) Determining which pesticides with restricted uses may be distributed only by licensed restricted use pesticide dealers; (f) To require any pesticide registered for special local needs to be colored or discolored if he determines that such requirement is feasible and is necessary for the protection of health and the environment. Such regulations shall be consistent with regulations promulgated by EPA pursuant to section 25(c) (5) of FIFRA; (g) Establishing standards for the packages, containers, and wrappings of pesticides registered for special local needs. Such regulations shall be consistent with the regulations promulgated by EPA pursuant to section 25(c) (3) of FIFRA. (3) For the purpose of uniformity of requirements between the States and the federal government the Commissioner may, after a public hearing, adopt regulations in conformity with the primary pesticide standards, particularly as to labeling, registration requirements, and issuance of experimental use permits as established by EPA or other federal or state agencies. Section 11. Enforcement . (1) The sampling and examination of pesticides or devices shall be made under the direction of the Commissioner for the purpose of determining whether they comply with the requirements of this Act. The Commissioner is authorized, upon presentation of proper identification, to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to inspect and sample labeled pesticides or devices packaged for distribution. If it appears upon inspection or examination that a pesticide or device fails to comply with the provisions of this Act or regulations adopted thereunder, and the Commissioner contemplates instituting criminal proceedings against any person, the Commissioner

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shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity within a reasonable time to present his views, either orally or in writing, with regard to the contemplated proceedings. If thereafter, in the opinion of the Commissioner, it appears that the provisions of the Act or regulations adopted thereunder have been violated by such person, the Commissioner shall refer a copy of the results of the analysis or the examination of such pesticide or device to the prosecuting attorney for the county in which the violation occurred. (2) Should the Commissioner be denied access to any land where such access was sought for the purposes set forth in this Act, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may, upon such application, issue the search warrant for the purposes requested. (3) The Commissioner, with or without the aid and advice of the county or district attorney, is charged with the duty of enforcing the requirements of this Act and the rules and regulations issued hereunder. In the event a county or district attorney refuses to act on behalf of the Commissioner, the Attorney General may so act. (4) The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this Act or any regulations made pursuant to this Act, in a court of competent jurisdiction of the county in which said violation occurs or is about to occur. (5) Nothing in this Act shall be construed as requiring the Commissioner to report minor violations of this Act for prosecution or for the institution of condemnation proceedings when he believes that the public interest will be served best by a suitable notice of warning in writing. Section 12. Stop Sale, Use, or Removal Order . When the Commissioner has reasonable cause to believe a pesticide or device is being distributed, stored, transported, or used in violation of any of the provisions of this Act, or of any

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of the prescribed regulations under this Act, he may issue and serve a written stop sale, use, or removal order upon the owner or custodian of any such pesticide or device. If the owner or custodian is not available for service of the order upon him, the Commissioner may attach the order to the pesticide or device and notify the owner or custodian and the registrant. The pesticide or device shall not be sold, used, or removed until the provisions of this Act have been complied with and the pesticide or device has been released in writing under conditions specified by the Commissioner or the violation has been otherwise disposed of as provided in this Act by a court of competent jurisdiction. Section 13. Judicial Action After Stop Sale, Use, or Removal Order . (1) After service of a stop sale, use or removal, order is made upon any person, either that person, the registrant, or the Commissioner may file an action in a court of competent jurisdiction in the county in which a violation of this Act or regulations adopted thereunder is alleged to have occurred for an adjudication of the alleged violation. The court in such action may issue temporary or permanent injunctions mandatory or restraining, and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device which does not meet the requirements of this Act or regulations adopted thereunder. (2) If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs, and if such pesticide or device is sold, the proceeds, less costs including legal costs, shall be paid to the state treasury as provided in section 23 of this Act; provided, that the pesticide or device shall not be sold contrary to the provisions of this Act or regulations adopted thereunder. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling, reprocessing, removal from the State, or otherwise bringing the product into compliance.

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(3) When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide. Section 14. Licensing of Restricted Use Pesticide Dealers . (1) It shall be unlawful for any person to act in the capacity of a restricted use pesticide dealer as defined by this Act, or advertise as, or assume to act as a restricted use pesticide dealer at any time without first having obtained an annual license from the Commissioner which shall expire on December 31 of each year. A license shall be required for each location or outlet located within this State from which restricted use pesticides or pesticides with State restricted uses are distributed; provided, that any manufacturer, registrant, or distributor who has no pesticide dealer outlet within this State and who distributes such pesticides directly into this State shall obtain a restricted use pesticide dealer license for his principal out-of-state location or outlet. (2) Application for a license shall be accompanied by a fifteen (15) dollar annual license fee, shall be on a form prescribed by the Commissioner and shall include the full name of the person applying for such license. If such applicant is a partnership, association, corporation, or organized group of persons, the full name of each member of the firm or partnership or the names of the principal officer of the association or corporation shall be given on the application. Such application shall further state the address of the outlet to be licensed, the principal business address of the applicant, and any other necessary information prescribed by the Commissioner. (3) Provisions of this section shall not apply to a licensed pesticide contractor who sells pesticides only as an integral part of his pesticide application service when such pesticides are dispensed only through equipment used for such pesticide application; or a federal, state, county, or municipal agency which provides pesticides only for its own programs. (4) If an application for renewal of a restricted use pesticide

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dealer license is not filed on or prior to January 1 of any one year, an additional fee of fifteen (15) dollars shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued. (5) Each restricted use pesticide dealer shall be responsible for the acts of each person employed by him in the solicitation and sale of pesticides and all claims and recommendations for use of pesticides. The dealer's license shall be subject to denial, suspension, or revocation after a hearing for any violation of this Act or regulations issued hereunder whether committed by the dealer, or by the dealer's officer, agent, or employee. Section 15. Records . (1) Any person issued a license, permit, or registration under the provisions of this Act may be required by the Commissioner to keep accurate records containing the following information: (a) The delivery, movement, or holding of any pesticide or device including the quantity; (b) The date of shipment and receipt; (c) The name of consignor and consignee; and (d) Any other information necessary for the enforcement of this Act, as prescribed by the Commissioner. (2) The Commissioner shall have access to such records at any reasonable time to copy or make copies of such records for the purpose of carrying out the provisions of this Act. Unless required for the enforcement of this Act, such information shall be confidential and if summarized, shall not identify an individual person. Section 16. Denial, Suspension, Revocation of License . The Commissioner is authorized to deny, suspend, or revoke any license, registration or permit provided for in this Act, subject to a hearing and in conformance with the provisions of the Georgia Administrative Procedure Act in any case in

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which he finds there has been a failure or refusal to comply with the provisions of this Act or regulations adopted thereunder. Section 17. Subpoenas . The Commissioner may issue subpoenas to compel the attendance of witnesses or production of books, documents and records, or any combination thereof, in the State in any hearing affecting the authority or privilege granted by a license, registration, or permit issued under the provisions of this Act. Section 18. Penalties . Any person violating any provision of this Act or regulations adopted thereunder is guilty of a misdemeanor and, upon conviction, shall be punished as provided by law. Section 19. Publication of Information . The Commissioner may publish, in such form as he may deem proper, results of analyses based on official samples as compared with the analyses guaranteed and information concerning the distribution of pesticides; provided, that individual distribution information shall not be a public record. Section 20. Protection of Trade Secrets and Other Information . (1) In submitting data required by this Act, the applicant may (a) clearly mark any portions thereof which in his opinion are trade secrets or commercial or financial information and (b) submit such marked material separately from other material required to be submitted under this Act. (2) Notwithstanding any other provision of this Act, the Commissioner shall not make public information which in his judgment contains or relates to trade secrets or commercial or financial information obtained from a person and privileged or confidential, except that, when necessary to carry out the provisions of this Act, information relating to formulas of products acquired by authorization of this Act may be revealed to any state or federal agency consulted or as required by law and may be revealed at a public hearing or in finding of fact issued by the Commissioner.

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(3) If the Commissioner proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (2) above, he shall notify the applicant or registrant, in writing, by certified mail. The Commissioner shall not thereafter make available for inspection such data until thirty days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in an appropriate court for a declaratory judgment as to whether such information is subject to protection under subsection (2) above. Section 21. Delegation of Duties . All authority vested in the Commissioner by virtue of the provisions of this Act may be executed with like force and effect by such employees of the Department of Agriculture as the Commissioner may designate from time to time for said purposes. Section 22. Cooperation . The Commissioner may cooperate, receive grants-in-aid, and enter into cooperative agreements with any agency of the federal government, of this State or its subdivisions, or with any agency of another state, in order but not limited to: (1) Secure uniformity of regulations; (2) Enter into cooperative agreements with EPA to register pesticides under the authority of this Act and FIFRA; (3) Cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities, or any combination thereof, and to implement cooperative enforcement programs including but not limited to the registration and inspection of establishments; (4) Enter into contract for monitoring pesticides for the national plan; and (5) Prepare and submit State plans to meet federal certification standards or for issuing experimental use permits.

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Section 23. Disposition of Funds . All monies received by the Commissioner under the provisions of this Act shall be deposited into the treasury of the State. Section 24 . Notwithstanding any other provision of this Act, no provision of this Act shall authorize any person to violate any of the provisions of any law the administration and enforcement of which is assigned to the State Department of Natural Resources or any Division therein or to the Coastal Marshlands Protection Committee or any rules or regulations adopted and promulgated thereunder. Nor shall this Act be construed as repealing, preempting, modifying, or limiting the authority or functions assigned to the Department of Natural Resources, its Divisions or officials or of the Coastal Marshland Protection Committee. Section 25. Severability . If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this Act and applicability thereof to other persons and circumstances shall not be affected thereby. Section 26. Prior Liability . The enactment of this Act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal which shall already be in existence on the date this Act becomes effective. Section 27. Effective Date . This Act shall become effective on January 1, 1977. Section 28. Specific Repealer . The Georgia Economic Poisons Act, approved February 17, 1950 (Ga. Laws 1950, p. 390), as amended, is hereby repealed in its entirety. Section 29. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976.

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STRUCTURAL PEST CONTROL ACT AMENDED. No. 845 (House Bill No. 1392). An Act to amend the Structural Pest Control Act approved March 7, 1955 (Ga. L. 1955, p. 564), as amended, so as to provide for additional definitions; to correct certain references in the membership of the Structural Pest Control Commission; to provide for rules and regulations relative to applicators and certified applicators; to change the provisions relating to examinations and the fees for such examinations; to provide for the issuance of certificates certifying the qualification of applicators; to provide for qualifications for the renewal of certificates; to change the provisions relating to prohibited acts; to provide that certain actions shall be unlawful; to provide for qualifications of applicants for applicators' licenses; to change certain provisions relating to structural pest control; to change certain provisions relating to certified applicators; to change certain provisions relative to revocation of licenses and the grounds for revocation; to change certain provisions relating to inspections by the Commissioner, hearings, and procedures; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Section 1 . The Structural Pest Control Act approved March 7, 1955 (Ga. L. 1955, p. 564), as amended, is hereby amended by adding at the end of section 2 four new subsections, to be designated as subsections (o), (p), (q), and (r), to read as follows: (o) `Certified Applicator'means an individual who is responsible to the Certified Operator or his regular employer on whose property the work is being done and who is holding a current valid Structural Pest Control Applicator's Certificate issued under the provisions of this Act to apply any pesticide which is classified for restricted use only. Definitions amended. (p) `Pesticides'means substances, including but not

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limited to insecticides, rodenticides, repellants, attractants, fumicides, and fungicides, collectively and individually. (q) `Restricted Use Pesticides'means substances that are registered for use only by Certified Operators, Certified Applicators, or persons under their supervision. (r) `Under the direct supervision of'unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a Certified Operator or Applicator if it is applied by a competent person acting under the instructions and control of a Certified Operator or Applicator who is available if and when needed, even though such Certified Operator or Applicator is not physically present at the time and place the pesticide is applied. Section 2 . Said Act is further amended by striking from section 3 of said Act the following: Director of the Department of Public Health, and inserting in lieu thereof the following: Commissioner of the Department of Human Resources, so that when so amended section 3 shall read as follows: Section 3. The Structural Pest Control Commission in existence at the time of the adoption of this amendment is hereby abolished and in lieu thereof, there is hereby created a Structural Pest Control Commission to consist of six (6) members, three (3) of whom shall be residents of this State who are engaged in the pest control industry and who are certified operators under this Act. Such members shall be appointed by the Commissioner. One (1) member shall be the head of the Department of Entomology of the University of Georgia, ex officio, or some qualified person of said department designated by him. One (1) member shall be the Director of Entomology of the Division of Entomology of the Department of Agriculture of the State of Georgia, ex officio; and one (1) member shall be the Commissioner of the Department of Human Resources ex officio, or some qualified person designated by him. The Commissioner

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shall fill any vacancies that may occur in the appointive membership of the Commission. No business entity shall be represented by more than one (1) member on the Commission at any time. Members. Section 3 . Said Act is further amended by adding, following the word operators in subsection (a) of section 6, the following: ,applicators, and by striking from subsection (a) the following: licensees and certified operators, and inserting in lieu thereof the following: licensees, certified operators, and certified applicators, so that when so amended subsection (a) of section 6 shall read as follows: (a) Make such reasonable rules and regulations as may be necessary to protect the interest, health and safety of the public and to insure the efficienty of licensees, operators, applicators, and registered employees to carry out the provisions of this Act. Such rules and regulations shall not be effective until a public hearing shall have been granted and notification of such hearings have been made to all licensees, certified operators, and certified applicators. Rules. Section 4 . Said Act is further amended by striking from subsection (b) of section 6 the following: The examination shall cover those phases of structural pest control and/or the control of wood destroying organisms and/or fumigations for which application is made. The Commission shall give one examination for one fee coverning structural pest control if the applicant seems to qualify and one certification shall issue. The Commission shall collect as an examination fee the sum of ten dollars ($10.00) for each applicant who makes application to take

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the examination to become a certified structural pest control, wood-destroying organism operator or fumigator. and inserting in lieu thereof the following: The examination shall cover those phases of household pest control or the control of wood-destroying organisms or fumigations, or any combination thereof, for which application is made. The Commission shall give one examination per phase of structural pest control for one fee if the applicant seems to qualify. The Commission shall collect as an examination fee the sum of ten dollars ($10.00) for each applicant who makes application to take the examination to become a certified household pest control operator or applicator, wood-destroying organism control operator or applicator, or fumigator., so that when so amended subsection (b) of section 6 shall read as follows: (b) Provide for an oral and written examination for applicants. The frequency of such examination shall be at the discretion of the Commission, based upon the number of applications received, but not less than two such examinations shall be held annually. The examination shall cover those phases of household pest control or the control of wood-destroying organisms or fumigations, or any combination thereof, for which application is made. The Commission shall give one examination per phase of structural pest control for one fee if the applicant seems to qualify. The Commission shall collect as an examination fee the sum of ten dollars ($10.00) for each applicant who makes application to take the examination to become a certified household pest control operator or applicator, wood-destroying organism control operator or applicator, or fumigator. An examination may be taken for the payment of one fee and in case the applicant shall not be certified, he or she shall have the right to take the examination again at the next scheduled examination, upon the payment of an additional fee which shall be the same as the original fee. In case certification is again denied, applicant must wait a full year before reapplication is made. Thereafter, one full

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year must elapse before subsequent application may be made. Examination. Section 5 . Said Act is further amended by inserting in subsection (e) of section 6, following the words certifying the qualifications of operators, in the first sentence of said subsection the following: and applicators, and by adding at the end of the second sentence the following: subject to reeducation or such other requirements as the Commission may impose by regulation to insure that applicators continue to meet the needs of changing technology, and to assure a continuing level of competence and ability to operator safely and properly, so that when so amended subsection (e) of section 6 shall read as follows: (e) Issue certificates certifying the qualification of operators and applicators to those persons qualifying under the provisions of this Act. The certification fee shall be twenty-five dollars ($25.00) per annum and such certification shall expire on June 30 of each year and shall be renewable each year unless revoked or canceled for cause subject to reeducation or such other requirements as the Commission may impose by regulation to insure that applicators continue to meet the needs of changing technology, and to assure a continuing level of competence and ability to operate safely and properly. The Commission is authorized to require for applications for the renewal of such certification received within ninety (90) days after June 30 of each year a late renewal fee of an additional twenty-five dollars ($25.00). After this period, application must be made for reexamination. The Commission is authorized to require for the renewal of an expired, revoked or suspended certification, the correct answers to not less than seventy percent (70%) of the questions of an oral and

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written examination. The Commission is authorized to require of any person whose certification has been revoked the correct answers to not less than seventy percent (70%) of the questions of an oral and written examination before such person may be certified under the provisions of this Act. Certificates. Section 6 . Said Act is further amended by adding, following section 6, a new section 6.1, to read as follows: Section 6.1. The Commission and the Commissioner may promulgate such regulations as are necessary to establish, obtain approval of, and implement a Georgia State Plan for Certification of Applicators pursuant to section 4 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended. Regulations. Section 7 . Said Act is further amended by striking from the first sentence of subsection (a) of section 9 the following: or agent in structural pest control, and inserting in lieu thereof the following: or agent in household pest control, so that when so amended subsection (a) of section 9 shall read as follows: Section 9. (a) Any person, firm, corporation, association or any other organization or combination thereof, who shall engage in, solicit, supervise, advertise, represent himself to be in, hold himself out as being in, or purport to be, a manager, owner, operator-owner, operator or agent (other than a registered employee), or agent in household pest control, control of wood-destroying organisms, fumigation or related work, without having first secured a license issued for that purpose by the Commission, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Penalty. Section 8 . Said Act is further amended by inserting in

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the first sentence of subsection (b) of section 9 following the words certified operator, the following: , certified applicator, so that when so amended subsection (b) of section 9 shall read as follows: Section 9. (b) Any certified operator, certified applicator, registered employee, employee or agent of a licensee who shall engage in field work, or solicit accounts covered by the provisions of this Act and the rules and regulations promulgated hereto, without having first registered or obtained certification as provided by this Act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Penalty. Section 9 . Said Act is further amended by striking from subsection (c) of section 9 the following: through the use of any chemical or substance, and inserting in lieu thereof the following: through the use of any pesticide or substance, or through the violation of any other State or Federal law or regulation, so that when so amended subsection (c) of section 9 shall read as follows: (c) This Act shall not apply to any person doing work on his own property or to any regular employee of any person, firm or corporation doing work on the property of such person, firm or corporation under the direct supervision of the person who owns or has charge of the property on which the work is being done, provided, however, that nothing herein shall authorize any person to endanger the public health or safety through the use of any pesticide or substance, or through the violation of any other State or Federal law or regulation. Exemption.

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Section 10 . Said Act is further amended by striking from paragraph (1) of subsection (b) of section 10, the following: structural, and inserting in lieu thereof the following: household, so that when so amended paragraph (1) of subsection (b) of section 10 shall read as follows: (1) Two years actual experience relating to service, one year of which must have been within the last five years, as an employee, employer, or owner-operator in the field of household pest control, control of wood-destroying organisms or fumigation, for which license is applied. Qualifications. Section 11 . Said Act is further amended by striking from paragraph (2) of subsection (b) of section 10, the following: training in specialized pest control, and inserting in lieu thereof the following: specialized training in household pest control, and by striking from paragraph (2) the following: and/or fumigation, and inserting in lieu thereof the following: or fumigation, or any combination thereof,, so that when so amended paragraph (2) of subsection (b) of section 10 shall read as follows: (2) One or more years specialized training in household pest control, control of wood-destroying organisms or

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fumigation, or any combination thereof, under University or College supervision may be substituted for practical experience at the ratio of one year of schooling for one-fourth year practical experience, or;. Training. Section 12 . Said Act is further amended by adding at the end of section 10 a new subsection (d), to read as follows: (d) Applicators. All applicants for examination for certification as an applicator must have a knowledge of the facts underlying the practice of structural pest control in the category of household pests or wood-destroying organisms, or both. Applicators. Section 13 . Said Act is further amended by striking from subsection (b) of section 11 of said Act the following: certified operator, or registered employee, and inserting in lieu thereof the following: certified operator, certified applicator, or registered employee, and by striking from subsection (b) the following: use methods or materials that are not suitable for the purpose contracted for, and inserting in lieu thereof the following: use methods or materials that are not suitable, or use any fumigant, insecticide, rodenticide, or repellant in a manner inconsistent with its labeling or other restrictions imposed by the commission, so that when so amended subsection (b) of section 11 shall read as follows: (b) Any licensee, certified operator, certified applicator, or registered employee who shall make representations for the purpose of defrauding; device or defraud another;

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make a false statement with knowledge of its falsity for the purpose of inducing another to act thereon to his detriment; use methods or materials that are not suitable, or use any fumigant, insecticide, rodenticide, or repellant in a manner inconsistent with its labeling or other restrictions imposed by the Commission; fail to give the Commission or its authorized representative, or the enforcing agency, upon demand or request, true information regarding methods and materials used, work performed or other information essential to administration of this Act; make any intentional misrepresentation to a material fact in an application for a license, certification or registration shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Fraudulent Acts. Section 14 . Said Act is further amended by striking from section 16 of said Act the following: Structural Pest Control, and inserting in lieu thereof the following: Household Pest Control, and by inserting, following the words rules and regulations promulgated hereunder, the following: for conviction or imposition of a final order imposing a civil penalty pursuant to section 14 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended,, and by striking, following the words engaged in the business of, the following: Structural Pest Control, and inserting in lieu thereof the following: Household Pest Control, so that when so amended section 16 of said Act shall read as follows:

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Section 16. The Commissioner is authorized and directed to enforce the provisions of this Act and rules and regulations promulgated thereunder and is authorized to utilize any employee of the Department of Agriculture. The Commissioner shall make periodical and unannounced inspections of any materials used or work performed by persons engaged in the business of Household Pest Control, wood-destroying organism control, or fumigation in this State. The Commissioner shall be authorized, after notice and hearing, to revoke, suspend, or cancel any license, certification or registration issued hereunder for a violation of this Act or the rules and regulations promulgated hereunder, for conviction or imposition of a final order imposing a civil penalty pursuant to section 14 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, or for conviction of a crime involving moral turpitude. It is the intent and purpose of this Act to provide for the enforcement of this Act by the Commissioner of Agriculture and to provide for the licensing, certification, and registration of those persons engaged in the business of Household Pest Control by the Structural Pest Control Commission. It is the further intent of this Act to provide that the Structural Pest Control Commission shall advise the Commissioner of Agriculture with respect to the enforcement of this Act. In connection therewith, the Commissioner, his designated agent, or a designated Hearing Officer, is authorized to exercise the authority granted the Commission to hold hearings, subpoena witnesses, and compel the production of documents and papers as provided herein. Powers. Section 15 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976.

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MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDEDBOND PROVISIONS CHANGED. No. 846 (House Bill No. 1403). An Act to amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 7, 1961 (Ga. L. 1961, p. 68), as amended, so as to change the provisions relative to bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Motor Vehicle Certificate of Title Act, approved March 7, 1961 (Ga. L. 1961, p. 68), as amended, is hereby amended by striking section 12A in its entirety and by substituting in lieu thereof a new section 12A to read as follows: Section 12A. Issuance where commissioner not satisfied as to ownership of vehicle . If the commissioner is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the commissioner may register the vehicle but shall either: (a) withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the commissioner as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or (b) as a condition of issuing a certificate of title, require the applicant to file with the commissioner a bond in the form prescribed by the commissioner and executed by the applicant and by a bonding, surety or insurance company licensed to do business in Georgia. The bond shall be in an amount equal to the value of the vehicle as determined by the commissioner and payable to the commissioner for the benefit of any prior owner, lienholder, or security interest holder, and any subsequent purchaser of the vehicle or person acquiring any security interest or lien on it, and their respective successors in interest, against any expense, loss or damage, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest

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upon the right, title and interest of the applicant in and to the vehicle. The commissioner shall have a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall expire at the end of four years unless the commissioner has been notified of a breach of a condition of the bond. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. REVENUEINCOME TAXNET INCOME DEFINED. Code 92-3108 Amended. No. 856 (House Bill No. 1562). An Act to amend section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1976; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Section 92-3108 of the Code of Georgia, as amended, is amended by striking said section in its entirety and inserting in lieu thereof a new section 92-3108 to read as follows: 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, 1976, and any term used in this Chapter shall have the same

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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, 1976, unless otherwise provided in this Chapter. Code 92-3108 amended. Section 2 . This Act shall become effective immediately upon its approval, or its otherwise becoming a law, and shall apply to all taxable years beginning on or after January 1, 1976. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. SOUTHERN JUDICIAL CIRCUITINVESTIGATOR PROVIDED, ETC. No. 861 (House Bill No. 1617). An Act to provide for an investigator for the District Attorney of the Southern Judicial Circuit; to provide for the compensation and expenses of such investigator; to provide for the term of office, duties, powers and authority of the investigator; 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 District Attorney of the Southern Judicial Circuit is hereby authorized to employ an investigator. The District Attorney shall fix the compensation to be received by the investigator at a sum not to exceed $13,000.00 per annum, which shall be paid in equal monthly or semimonthly installments from the funds of the counties comprising the Southern Judicial Circuit. However, said maximum compensation may be modified from time to time by the granting of cost-of-living increases, such increases to be granted only upon the consent and approval of the majority

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of governing bodies of the counties comprising the Southern Judicial Circuit. It shall be within the sole power and authority of the District Attorney, during his term of office, to designate and name the person who shall be employed as the investigator and to prescribe his duties and assignments and to remove or replace such investigator at will and within his sole discretion. Said investigator shall have the same power to make arrests, to execute and return all warrants, rules, orders and processes of any kind and serve as a peace officer and perform the same duties as may be performed by a sheriff. All expenses connected with the furnishing of the investigator, as provided for herein, shall be paid out of the funds of the counties comprising the Southern Judicial Circuit in the proportion that the population of each county bears to the population of all counties comprising the Southern Judicial Circuit, according to the United States Decennial Census of 1970, or any future such census, or upon such other equitable basis as shall be determined and agreed upon by the governing authorities of the counties of the Southern Judicial Circuit. The governing authorities of such counties are hereby authorized and directed to furnish such supplies, equipment, automobiles, office space, utilities and other miscellaneous expenses as shall be responsible and necessary in connection with the official duties of said investigator. Such expenses shall be paid upon application by the District Attorney to the governing authorities. 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 Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1976 Regular Session of the General Assembly to create an official in the Southern Judicial Circuit known as an Investigator for the District Attorney, to provide the method of local funding of pro rata costs, and to provide for

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the payment of expenses for said investigator and to abolish conflicting laws and other purposes. This 5th day of January, 1976. I, Tenney S. Griffin, do solemnly swear that I am publisher of the Valdosta Daily Times published at Valdosta in the State of Georgia, and that from my personal knowledge and reference to files of said publication the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Echols County on the following dates: January 10, 1976; January 17, 1976; and January 24, 1976. /s/ Tenney S. Griffin Sworn to and subscribed before me, this 27th day of January, 1976. /s/ Edith D. Smith Notary Public, Georgia State at Large. My Commission expires May 1, 1976. (Seal). Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1976 Regular Session of the General Assembly to create an official in the Southern Judicial Circuit known as an Investigator for the District Attorney, to provide the method of local funding of pro-rata costs, and to provide for the payment of expenses for said investigator and to abolish conflicting laws and other purposes. This 5th day of January, 1976. I, Erle A. Taylor, do solemnly swear that I am Vice-President of the Weekly Moultrie Observer published at Moultrie in the State of Georgia, and that from my personal knowledge and reference to files of said publication the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Moultrie Observer

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which is the official organ of Colquitt County on the following dates: January 8, 1976; January 15, 1976 and January 22, 1976. /s/ Erle A. Taylor Sworn to and subscribed before me, this 26th day of January 1976. /s/ Joseph W. Kovach, Jr. Notary Public, Georgia State at Large. My Commission expires January 6, 1978. (Seal). Notice of Intent To Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1976 Regular Session of the General Assembly to create an official in the Southern Judicial Circuit known as an Investigator for the District Attorney, to provide the method of local funding of pro-rata cost, and to provide for the payment of expenses for said investigator and to abolish conflicting laws and other purposes. This 5th day of January, 1976. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Beck who, on oath, deposes and says that he is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Brooks County, on the following dates: January 9, 16 and 23, 1976. James M. Beck Representative, 148th District

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Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1976 Regular Session of the General Assembly to create an official in the Southern Judicial Circuit known as an investigator for the District Attorney, to provide the method of local funding of pro rata costs, and to provide for the payment of expenses for said investigator and to abolish conflicting laws and other purposes. This 5th day of January, 1976. I, Tenney S. Griffin, do solemnly swear that I am publisher of the Valdosta Daily Times published at Valdosta in the State of Georgia, and that from my personal knowledge and reference to files of said publication the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County on the following dates: January 10, 1976; January 17, 1976; and January 24, 1976. Sworn to and subscribed before me, this 27th day of January 1976. /s/ Edith D. Smith Notary Public, Georgia State at Large. My Commission expires May 1, 1976. (Seal). Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1976 regular session of the General Assembly to create an official in the Southern Judicial Circuit known as an Investigator for the District Attorney, to provide the

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method of local funding of pro-rata costs, and to provide for the payment of expenses for said Investigator and to abolish conflicting laws and other purposes. This 5th day of January, 1976. I, Lee E. Kelly, do solemnly swear that I am publisher of the Thomasville Times Enterprise published at Thomasville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the attached copy of Notice of Intention to Introduce Local Legislation was published in The Thomasville Times Enterprise which is the official organ of Thomas County on the following dates: January 9, 1976; January 16, 1976; and January 23, 1976. /s/ Lee E. Kelly Sworn to and subscribed before me, this 26th day of January, 1976. /s/ Bobbie S. Palmer Notary Public, Georgia State at Large. My Commission expires Jan. 21, 1980. (Seal). Approved February 27, 1976. PUBLIC HOSPITALSREFUSAL OF STAFF PRIVILEGES REQUIRED IN WRITING, ETC. Code Chapter 88-19 Amended. No. 862 (Senate Bill No. 182). An Act to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to require a written explanation of refusal to grant or revocation of the privilege of treating patients in certain hospitals to be furnished to the medical practitioner; to provide certain time limitations within which applications

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for such privileges must be granted or denied; to specify the medical practitioners entitled to such explanation; 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 88-19, relating to regulations of hospitals and related institutions, as amended, is hereby amended by adding at the end thereof a new section, to be designated Code section 88-1911, to read as follows: 88-1911. Public hospitals; refusal or revocation of staff privileges . (a) Whenever any hospital owned or operated by the State, any political subdivision of the State or any municipality shall refuse to grant a licensed medical practitioner the privilege of treating patients in the hospital, wholly or in part, or revoke the privilege of a licensed medical practitioner for treating patients in such hospital, wholly or in part, the hospital shall furnish, within ten days of such action, a written statement of the reasons therefor to the medical practitioner whose privilege has been refused or revoked. (b) Whenever any licensed medical practitioner shall make application for permission to treat patients in any hospital owned or operated by the State, any political subdivision of the State or any municipality, the hospital shall act upon such application expeditiously and without unnecessary delay, but in no event shall final action thereon be taken later than sixty (60) days following receipt of the application. Provided, however whenever the applicant is licensed by any governmental entity outside the continental limits of the United States, the hospital shall have one hundred twenty (120) days to take action following receipt of the application. This subsection (b) shall apply solely to applications by licensed medical practitioners who are not members of the staff of the hospital in which privileges are sought at the time an application is submitted, and those not privileged, at such time, to practice in such hospital under a previous grant of privileges.

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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 February 27, 1976. MENTALLY ILLEXPENSE PAYMENT CONCERNING HOSPITALIZATION PROVIDED. Code 88-508.2 Amended. No. 863 (Senate Bill No. 345). An Act to amend Code section 88-508.2, relating to expenses concerning the hospitalization of the mentally ill, as amended, particularly by an Act approved April 21, 1969 (Ga. L. 1969, p. 505), and an Act approved April 18, 1975 (Ga. L. 1975, p. 719), so as to change the provisions for the payment of such expenses; 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 concerning the hospitalization of the mentally ill, as amended, particularly by an Act approved April 21, 1969 (Ga. L. 1969, p. 505), and an Act approved April 18, 1975 (Ga. L. 1975, p. 719), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 88-508.2, to read as follows: 88-508.2. Expenses of hearings; how paid .(a) The expenses of any hearing held under this Chapter shall be paid by the county in which the patient has his residence, or if the patient is a transient, by the county in which the patient was initially taken into the custody of the

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State; provided, however, that no money shall be drawn from the county treasury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or responsible for the support of such person shall be able or sufficient to defray such expenses. The cost on appeal to the superior court shall be the same as provided for in other appeals from the probate court. An affidavit, executed by the judge of the probate court before which the hearing was held, shall be sufficient to authorize the governing body of the county responsible to authorize the payment of such expenses. (b) The total costs to be paid to the probate court for a hearing provided for under sections 88-505.3 and 88-506.4 shall be the sum of $40.00, excluding attorneys' fees. (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. (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 which the attorney may incur and which have been approved by the probate judge holding the hearing. 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. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976.

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OFF-ROAD VEHICLE ACT OF 1975. No. 864 (Senate Bill No. 353). An Act to provide for the regulation of off-road vehicles; to provide a short title; to provide for declaration of policy; to provide for definitions; to provide for exemptions; to provide for operating restrictions; to provide to municipalities, counties and State agencies authority to regulate time periods and zones of use for off-road vehicles; to provide for enforcement and penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title . This Act shall be known and may be cited as the Off-Road Vehicle Act of 1975. Section 2. Declaration of Policy . The rapid increase in the use of off-road vehicles and their growing impact upon aspects of the public interest are matters of concern to the legislature and to the people of this State. Therefore, in order to promote the safe use of off-road vehicles, to protect the wildlife and natural resources of the State, to guarantee the availability of various forms of recreation to all citizens in an environment of diversity and quality, the following law is enacted. Section 3. Definitions . Unless the context otherwise requires, the following term, as used in this Act, is defined as follows: Off-road vehicle shall mean any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland or other natural terrain and not intended for use predominantly on public roads. It includes, but is not limited to, four-wheel drive or low-pressure tire vehicles, two-wheel vehicles, amphibious machines, ground-effect or air-cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind; except that such term shall exclude any motorboat, any military, fire or

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law enforcement vehicle, any vehicles used exclusively on airports, all farm machinery, farm tractors, and other self-propelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, for earth moving, construction, or mining, and self-propelled lawnmowers, snowblowers, garden or lawn tractors, or golf carts while such vehicles are being used exclusively for their designed purposes. Section 4. Operating Restrictions . Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this Act and subject to the penalties provided for in Section 6: (a) without operative brakes, or without mufflers or other silencing equipment; (b) on any private property without the expressed written permission of the owner of the property or his agent. Section 5. Authority to Regulate Time Periods and to Establish Zones of Use . (a) Incorporated towns and municipalities and counties shall have the authority to adopt ordinances consistent with State laws or regulations to regulate time periods and zones of use for off-road vehicles. (b) Agencies of State Government shall have the authority to adopt rules and regulations to regulate time periods and zones for use for off-road vehicles on property under their jurisdiction or management. Section 6. Enforcement and Penalties . All peace officers shall enforce the provisions of this Act. Violation of any section of this Act shall be considered a misdemeanor punishable by a fine of not more than $25.00. Section 7. Effective Date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 8. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. SHERIFFS' RETIREMENT FUND OF GEORGIA ACT AMENDED. No. 865 (Senate Bill No. 425). 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), an Act approved April 23, 1969 (Ga. L. 1969, p. 586), an Act approved March 31, 1972 (Ga. L. 1972, p. 705), an Act approved April 17, 1973 (Ga. L. 1973, p. 892), an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), an Act approved March 28, 1974 (Ga. L. 1974, p. 1191), an Act approved March 28, 1974 (Ga. L. 1974, p. 1194), an Act approved April 18, 1975 (Ga. L. 1975, p. 823), and by an Act approved April 18, 1975 (Ga. L. 1975, p. 830), so as to provide an increase in the retirement benefits for those who become eligible to receive retirement benefits after a certain date; to provide an increase in retirement benefits for those already receiving retirement benefits and for those who become eligible to receive retirement benefits prior to a certain date; to provide for the payment of the increased benefits to those eligible to receive such benefits; 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 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), an Act approved April 23, 1969 (Ga. L. 1969, p. 586), an Act approved March 31, 1972 (Ga. L. 1972, p.

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705), an Act approved April 17, 1973 (Ga. L. 1973, p. 892), an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), an Act approved March 28, 1974 (Ga. L. 1974, p. 1191), an Act approved March 28, 1974 (Ga. L. 1974, p. 1194), an Act approved April 18, 1975 (Ga. L. 1975, p. 823), and by an Act approved April 18, 1975 (Ga. L. 1975, p. 830), is hereby amended by striking from subsection (a) of section 18, whereever the same appears, the following: fifty dollars ($50.00) and inserting in lieu thereof the following: $60.00; and by striking from said subsection the following: twelve dollars and fifty cents ($12.50); and inserting in lieu thereof the following: $15.00; and by striking from said subsection the following: two hundred fifty dollars ($250.00) and inserting in lieu thereof the following: $375.00; and by striking from said subsection the following: `twenty (20) and inserting in lieu thereof the following: 25, so that when so amended subsection (a) of section 18 shall read as follows: (a) Option 1 shall be known as a single-life annuity and shall provide retirement benefits in a monthly payment level for the life of the member only. Any member of the retirement fund, who, upon being approved for retirement benefits and having selected Option 1 and shall have no more than four (4) years of service credited to him under the provisions of this law, shall be paid a monthly retirement of $60.00 per month until his death. Any member who, upon being approved for retirement benefits, and shall have more than four (4) years credited to him under the provisions of this law, shall be paid a monthly retirement of $60.00, plus $15.00 per month for each additional year of service so credited to him, however, not in any case to exceed a maximum monthly sum of $375.00, such maximum monthly sum to be paid only in the event a member shall have a minimum of 25 years or more of creditable service credited to him under the provisions of this law. Section 2 . Said Act is further amended by striking subsection (g) of section 18 in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: (g) The options provided for herein and the increase in

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the amounts to be paid as retirement benefits pursuant to said options shall become effective and apply from and after May 1, 1976; provided, however, that those members and persons already receiving retirement benefits which were computed and determined at a time when the options were not available or at a time when the maximum monthly sum to be paid as retirement benefits was based on 20 years or more of creditable service shall not be afforded an opportunity to select an option or to have their retirement benefits increased or recomputed by reason of their having creditable service in excess of 20 years, but such members and persons shall be entitled to have their retirement benefits recomputed and determined in accordance with the provisions of Option 1, as provided by subsection (a) of this section, and the increase in benefits shall be paid to such members or persons from and after May 1, 1976. For those members or persons eligible to receive retirement benefits from and after May 1, 1976, their service shall be computed and determined in accordance with the increased retirement benefits in this section and in accordance with the member's option as selected in accordance with the provisions of this section, and according to the number of years of creditable service credited to such member or person under the provisions of this section, and such member shall be paid said retirement benefits so determineed thereafter. Section 3 . This Act shall become effective on May 1, 1976. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. AGRICULTUREGEORGIA BIOLOGICALS PERMIT ACT AMENDED. No. 866 (Senate Bill No. 434). An Act to amend an Act known as the Georgia Biologicals Permit Act of 1966, approved March 10, 1966 (Ga. L.

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1966, p. 334), so as to authorize the Commissioner of Agriculture to withhold from sale biologicals he deems hazardous when administered by other than accredited licensed veterinarians or persons approved by the State Veterinarian; 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 Biologicals Permit Act of 1966, approved March 10, 1966 (Ga. L. 1966, p. 334), is hereby amended by striking section 13 in its entirety, and inserting in lieu thereof a new section 13, to read as follows: Section 13. The Commissioner shall have the right to seize, destroy or withhold from sale any adulterated, misbranded or contaminated biologicals. The Commissioner shall also have the right to withhold from sale any biological which he deems to be hazardous when administered by any persons other than an accredited licensed veterinarian, persons licensed under the Georgia Veterinary Practice Act, or persons approved by the State Veterinarian. Powers. 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, 1976. AGRICULTURECERTAIN QUARANTINE OF ANIMALS, ETC., AUTHORIZED. No. 867 (Senate Bill No. 459). An Act to authorize the Commissioner of Agriculture to quarantine or detain animals, poultry, or animal and poultry

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products suspected of bearing or containing residue of substances that would cause the animal's resultant meat or the product to be unfit for human consumption and to authorize the Commissioner to destroy such unfit matter; to provide for notices; to provide for the destruction of certain animals, poultry, or animal or poultry products; to provide for tolerances; to provide for definitions; to provide for rules and regulations; to provide for penalties; to provide for injunctions and restraining orders; 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: (a) Commissioner shall mean the Commissioner of the Department of Agriculture. (b) Contaminate shall mean to cause the loss of wholesomeness for human consumption. Section 2 . The Commissioner of Agriculture or his duly authorized representative is authorized to inspect and quarantine or detain upon the premises where found any animals, poultry, or animal and poultry products suspected of bearing or containing a residue of any pesticide, insecticide, herbicide, drug, or any substance that would cause the resultant meat or product to be deemed contaminated. Notice of the quarantine or detention shall be given to the owners or keepers of said animals, poultry or products and to the owners or operators of the premises where the suspected contaminated matter is found. Quarantine. Section 3 . All animals, poultry, or animal and poultry products suspected of bearing or containing a contaminating residue shall be quarantined or detained to the premises where found until sufficient sampling conducted under the authority of the Commissioner has been completed to determine that the resultant meat or product is wholesome and fit for human consumption. No such animal, poultry or product shall be moved from quarantine or detention except by order of the Commissioner.

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Section 4 . If animals, poultry, or animal and poultry products quarantined or detained contain such contaminating residue that remains in excess of a safe level for human consumption, the Commissioner is authorized to order the animals, poultry or animal and poultry products to be destroyed in a manner prescribed for the particular contaminating residue. Tolerances established by the United States Food and Drug Administration shall be complied with in enforcing the provisions of this and other sections of this Act. Destruction. Section 5 . The Commissioner of Agriculture is authorized to promulgate rules and regulations to govern the sampling and inspection of animals, poultry and products quarantined or detained pursuant to this Act and to implement and enforce the provisions of this Act. Rules. Section 6 . Violation of this Act or the rules and regulations promulgated hereunder shall constitute a misdemeanor and shall be punishable as such. Penalty. Section 7 . 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 courts of this State for injunctive relief and such courts shall have the jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction or ex parte restraining order enjoining or restraining the violation or continuation of a violation of 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. Injunction. Section 8 . Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention

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of this Act to enact such provision of this Act independently of any other provision hereof. 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 February 27, 1976. STATE MERIT SYSTEMPERSONNEL ADMINISTRATIONCERTIFIED PUBLIC MANAGEMENT PROGRAM AUTHORIZED. No. 97 (House Resolution No. 537-1462). A Resolution. Authorizing and directing the State Personnel Board and the State Merit System of Personnel Administration to implement a Certified Public Management Program in the State Government of Georgia; and for other purposes. Whereas, management in Georgia State Government requires the development and implementation of new standards for effectiveness, efficiency and accountability; and Whereas, more actions and decisions by governmental agencies will be subjected to legal challenge and judicial intervention in the future; and Whereas, better liaison and more effective collaboration will be required between and among governmental agencies at all levels, and between the public and private sectors of our society; and Whereas, in this vastly more complex and fluid setting, the public manager also will be confronting considerable

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change in how leadership and direction of an agency is best accomplished and how relations with other agencies, other levels and branches of government, the public, and agency subordinates and superiors are best handled; and Whereas, at the same time, the manager must maintain professional competence and avoid being overwhelmed by change itself and must effectively meet the personal and ethical challenges to him or her as a professional manager. Now, therefore, be it resolved by the General Assembly of Georgia that in response to the developing and altering managerial needs of Georgia State Government managers and at the request of many state managers, the State Personnel Board and the State Merit System of Personnel Administration are hereby authorized and directed to implement a sequential series of management development courses in a Certification Program of study, preparation, and examination to recognize professional and educational attainment in the field of public management in Georgia State Government. Be it further resolved that the Certified Public Manager Program be implemented April 1, 1976, by the State Personnel Board and the State Merit System of Personnel Administration with the following objectives: 1. to encourage the recognition of management in State Government as a profession established upon an underlying body of knowledge, and to delineate a course of study and preparation by which such knowledge can be acquired; 2. to foster and maintain higher educational and ethical standards in the field and practice of public management; 3. to assist agencies of State Government by establishing a more objective measure of a manager's professional preparation and knowledge; and 4. to provide appropriate professional recognition of management development attainment by managers in Georgia State Government.

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Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Governor, members of the State Personnel Board, and to the Commissioner of the State Merit System of Personnel Administration. Approved February 26, 1976. LEASE TO CITY OF MARIETTA AUTHORIZED. No. 100 (House Resolution No. 583-1560). A Resolution. Authorizing the lease of a certain tract of State-owned property; and for other purposes. Whereas, the City of Marietta is desirous of leasing a certain tract of State-owned property; and Whereas, said tract is more particularly described as follows: All that tract or parcel of land lying and being in Land Lot 1218 of the 16th District, Second Section, Cobb County, Marietta, Georgia, and being more particularly described as follows: Beginning at a point in the north line of Depot Street, thirty-three (33) feet westwardly from and at right angles to the centerline of the main track of the Western and Atlantic Railroad; thence westwardly along said north line of Depot Street, a distance of one hundred (100) feet, more or less, to a point, said point being the southeastern corner of the property leased to the City of Marietta by lease agreement between the State Properties Commission and the City of Marietta dated September 4, 1973; thence northwardly along the eastern

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boundary of said leased property, a distance of one hundred forty-one and three tenths (141.3) feet, more or less, to a point in the south line of Mill Street; thence eastwardly along said south line of Mill Street, a distance of one hundred (100) feet, more or less, to a point, said point being thrity-three (33) feet westwardly from and at right angles to the centerline of said main track; thence southwardly along a line thirty-three (33) feet westwardly from and parallel to said centerline of main track, a distance of one hundred forty-one and three tenths (141.3) feet, more or less, to the point of beginning, containing thirty-two hundredths (0.32) acre, more or less.; and Whereas, said tract of land is a portion of the Western and Atlantic Railroad; and Whereas, the lease to the City of Marietta 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 Marietta the above described tract of land for a period of 20 years for and in consideration of the sum of $100.00 per year. Approved February 27, 1976. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDCREDIT FOR RETURNED PROPERTY CLARIFIED. No. 868 (House Bill No. 529). 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

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clarify the credit to be allowed for returned property; to provide a procedure for granting of such credit; 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: 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 section 21 thereof in its entirety and inserting in lieu thereof a new section to be designated section 21, to provide as follows: Section 21. (a) Where property sold is subsequently by agreement returned to the dealer by the purchaser, the dealer shall be entitled to credit for the tax imposed by this Act with respect to the return allowance, in the manner prescribed by the Commissioner, as follows: Credit. (1) If property is returned within ninety (90) days from the date of sale, the dealer in his original return for the taxable period in which the return is allowed by him may deduct from his gross sales the amount of the return allowance. (2) If property is returned more than ninety (90) days from the date of sale, no credit shall be allowed except upon application for a credit memorandum in the amount of the tax imposed with respect to the return allowance. The application shall be made and credit memorandum issued in the manner prescribed by the Commissioner. The application shall be made within the time provided by law for the filing of claims for refund. The credit memorandum shall be applied by the dealer to his liability for each succeeding taxable period until exhausted. (3) Where a dealer has retired from business and has filed a final return, a claim for refund of the tax for which the dealer would be entitled to credit under this subsection may be filed within the time and in the manner prescribed by law.

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`Return allowance' shall mean the amount of the sales price or cost price refunded by the dealer to the purchaser in cash or credit. No credit shall be allowed to the dealer under this subsection for taxes collected by him from the purchaser unless the taxes collected have been returned by him to the purchaser. (b) The Commissioner shall design, prepare, print and furnish to all dealers, or make available to said dealers, all necessary forms for filing returns and instructions to insure a full collection from dealers and an accounting for the taxes due, but failure of any dealer to secure said forms shall not relieve such dealer from the payment of said tax at the time and in the manner herein provided. (c) The Commissioner and his assistants are hereby authorized and empowered to administer the oath for the purpose of enforcing and administering the provisions of this Act. (d) The Commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this Act or the other laws, or the Constitution of this State or the United States, for the enforcement of the provisions of this Act and the collection of revenues hereunder. Section 2 . Should any provision of this Act be declared or adjudged invalid or unconstitutional, such adjudication shall not vitiate the remaining provisions of said Act, and all provisions not held invalid or unconstitutional shall remain in full force and effect. 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 on April 1, 1976. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976.

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STATE BOARDS, ETC.CODE OF ETHICS. No. 869 (House Bill No. 972). An Act to provide for a code of ethics for members of all boards, commissions and authorities of State government created by general statute; to provide for the removal of members who violate said code of ethics; to provide procedures connected therewith; to provide for hearings; to provide for vacancies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code of Ethics .Notwithstanding any provivisions of law to the contrary, each member of all boards, commissions and authorities created by general statute shall: (a) uphold the Constitution, laws and regulations of the United States, the State of Georgia and all governments therein and never be a party to their evasion; (b) never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; (c) not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties; (d) never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit; (e) expose corruption wherever discovered; (f) never solicit, accept or agree to accept gifts, loans, gratuities, discounts, favors, hospitality or services from any person, association or corporation under circumstances from which it could reasonably be inferred that a major

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purpose of the donor is to influence the performance of his official duties; (g) never accept any economic opportunity under circumstances where he knows or should know that there is a substantial possibility that the opportunity is being afforded him with intent to influence his conduct in the performance of his official duties; (h) never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust; (i) never take any official action with regard to any matter under circumstances where he knows or should know that he has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action. Section 2 . No member of any boards, commissions, or authorities created by general statute shall enact any rules or regulations or publicize such as being general laws and such rules and regulations shall in no way have effect of laws. Section 3. Hearing; Removal from Office; Vacancies .Upon formal charges being filed with the Governor relative to a violation of Section 1 on the part of a member of any such board, commission or authority, the Governor or his designated agent shall conduct a hearing for the purpose of receiving evidence relative to the merits of such charges. The member so charged shall be given at least 30 days' notice prior to such hearing. If such charges are found to be true, the Governor shall forthwith remove such member from office and the vacancy shall be filled as provided by law. Such hearing shall be held in accordance with the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, and judicial review of any such decision shall be in accordance with such Act. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976.

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AMOUNT OF HOMESTEAD EXEMPTION CHANGED. Code 51-101 Amended. No. 870 (House Bill No. 1002). An Act to amend Code section 51-101, relating to what is exempt and who may claim constitutional homesteads, so as to change the amount of such exemption; 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 51-101, relating to what is exempt and who may claim constitutional homesteads, is hereby amended by striking from said Code section the following: $1,600, and inserting in lieu thereof the following: $5,000, so that when so amended, Code section 51-101 shall read as follows: 51-101. What is exempt, and who may claim exemption .There shall be exempt from levy and sale by virtue of any process whatever under the laws of this State, except as hereinafter excepted, of the property of every head of a family, or guardian or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of dependent females of any age, who is not the head of a family, realty or personalty, or both, to the value in the aggregate of $5,000; and no court or ministerial officer in this State shall ever have jurisdiction or authority to enforce any judgment, execution, or decree against the property set apart for such purpose, including such improvements as may be made thereon from time to time, except for

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taxes, for the purchase money of the same, for labor done thereon, for material furnished therefor, or for the removal of incumbrances thereon. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. INSURANCEADDITIONAL AUTHORITY PROVIDED COMMISSIONERS, ETC. Code 56-512.1 Amended. No. 871 (House Bill No. 1103). An Act to amend Code section 56-512.1, relating to mandatory agreements for apportionment of casualty insurance, so as to provide additional authority for the commissioner; to provide for approval of rates; to provide for exclusive policies, contracts or rates; to provide for the amendment or modification of agreements; to provide for the promulgation and adoption of plans; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 56-512.1, relating to mandatory agreements for apportionment of casualty insurance, is hereby amended by adding a new paragraph, following the second paragraph of said Code section to read as follows: If, as provided in this section, the Commissioner determines that it is necessary to protect the health, property and welfare of the citizens of this State, in addition to all other authority granted in this Title, the Commissioner shall also have and may exercise the following authority: (a) The Commissioner may require that any rates contemplated

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to be used under this section shall be approved by him prior to their use. (b) The Commissioner may declare that any policies, contracts or rates used pursuant to any agreement or plan established under this section shall be the exclusive policies, contracts or rates authorized to be used in Georgia for such kind or kinds of insurance, and he may prohibit the use by any person of such policies, contracts or rates in this State which are different from those established in accordance with the provisions of this section. (c) The Commissioner may amend or modify in whole or in part and may adopt any agreement submitted to him in accordance with the provisions of this section. If no agreement is submitted within the time prescribed by the Commissioner or if after a hearing the agreement submitted is unacceptable to the Commissioner, the Commissioner may, on his own motion, promulgate and adopt a reasonable plan to implement this section which plan shall become effective on a date, not sooner than ten days, as specified by the Commissioner in his order., so that when so amended Code section 56-512.1 shall read as follows: 56-512.1. Mandatory agreements for apportionment of casualty insurance; determination by Commissioner; approval of Commissioner; review of practices of adherents; 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.

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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. If, as provided in this section, the Commissioner determines that it is necessary to protect the health, property and welfare of the citizens of this State, in addition to all other authority granted in this Title, the Commissioner shall also have and may exercise the following authority: (a) The Commissioner may require that any rates contemplated to be used under this section shall be approved by him prior to their use. (b) The Commissioner may declare that any policies, contracts or rates used pursuant to any agreement or plan established under this section shall be the exclusive policies, contracts or rates authorized to be used in Georgia for such kind or kinds of insurance, and he may prohibit the use by any person of such policies, contracts or rates in this State which are different from those established in accordance with the provisions of this section. (c) The Commissioner may amend or modify in whole or in part and may adopt any agreement submitted to him in accordance with the provisions of this section. If no agreement is submitted within the time prescribed by the Commissioner or if after a hearing the agreement submitted is unacceptable to the Commissioner, the Commissioner may, on his own motion, promulgate and adopt a reasonable plan to implement this section which plan shall become effective

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on a date, not sooner than ten days, as specified by the Commissioner in his order. 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. 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 March 5, 1976. MUNICIPAL CORPORATIONSSALE OF PROPERTY REQUIREMENTS PROVIDED, ETC. Code Chapter 69-3 Amended. No. 872 (House Bill No. 1229). An Act to amend Code Chapter 69-3, relating to powers, duties and liabilities of municipal corporations in general,

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as amended, so as to provide for practices, procedures, requirements and qualifications for the sale of property of municipal corporations; to provide for notices; to provide for bids; to provide for sale by auction; to provide for exceptions; 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 69-3, relating to powers, duties and liabilities of municipal corporations in general, as amended, is hereby amended by adding at the end thereof a new Code section, to be designated as Code section 69-318, to read as follows: 69-318. Sale of municipal property .Except as otherwise provided in this section, the governing authority of any municipal corporation disposing of any real or personal property of such municipal corporation shall make all such sales to the highest responsible bidder either by sealed bids or by auction after due notice has been given. Any such municipal corporation shall have the right to reject any and all bids or to cancel any proposed sale. The governing authority of such municipal corporation shall cause notice to be published once in the official legal organ of the county in which such municipality is located or in newspaper of general circulation in the community not less than 15 days nor more than 60 days preceding the day of the auction, or if the sale is by sealed bids, preceding the last day for the receipt of proposals. Such legal notice shall include a general description of the property to be sold if such property is personal property or a legal description of the property to be sold if such property is real property. If such sale is by sealed bids, such notice shall also contain an invitation for proposals, shall state the conditions of the proposed sale, shall state the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids. If such sale is by auction, such notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection

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with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabulation of all bids received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date such bids are opened. Notwithstanding the foregoing provisions of this section, the governing authority of any municipal corporation is hereby authorized to sell any lots from a municipal cemetery or personal property belonging to the municipal corporation with an estimated value of $500 or less without regard to the foregoing provisions of this section. Such sales may be made in the open market without advertisement and without the acceptance of bids. The estimation of the value of any personal property to be sold shall be in the sole and absolute discretion of the governing authorities of the municipality or their designated agent. Provided, however, nothing herein shall prevent a municipality from trading or swapping property with another property owner, if said trade or swap is deemed to be in the best interest of the municipality. Provided, however, the foregoing provisions shall not apply to any municipal corporation which has a municipal charter provision setting forth procedures for the sale of municipal property and existing as of January 1, 1976 so long as such charter provision thereafter remains unchanged and as long as said charter provision contains the minimum notice requirements as set forth herein. Provided further, however, the foregoing provisions shall not apply to the disposal of property which is acquired by deed of gift, will or donation and is subject to such conditions as may be specified in the instrument giving or donating the property; or which is received from the United States Government or the State of Georgia pursuant to a program which imposes conditions on the disposal of such property; or which is disposed of pursuant to the powers granted in the Urban Redevelopment Law, or a homesteading program; or which is sold or transferred to another governing authority or government agency for public purposes.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. THE BLOOD LABELING ACT. No. 873 (House Bill No. 1249). An Act to provide that every person who withdraws blood from an individual or separates blood into components by physical processes shall affix to each container of such blood or components a label indicating whether the blood was obtained by purchase or donation; to provide a short title; to define certain terms; to provide for the withdrawal of blood only from qualified donors; to provide for the labeling of blood received from blood banks in other states; to require certain information concerning blood transfusions in medical records; to provide for the transfer of blood and blood components for industrial use; to provide for administration; to provide a penalty; 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 Blood Labeling Act. Section 2. Definitions . For the purposes of this Act: (a) Person means any individual, blood bank, clinical laboratory, hospital, firm, corporation or any other entity. (b) Blood means whole human blood, packed red blood cells, blood platelets, concentrated leukocytes, and blood plasma. It does not include blood derivatives manufactured or processed for industrial use.

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(c) Donation means any transaction involving the person from whom blood is withdrawn, whether he presents himself for the withdrawal of blood on his own initiative or on the initiative of another person, in which he receives no consideration other than credit through blood assurance programs or other intangible benefits. (d) Purchase means any transaction involving the person from whom blood is withdrawn, whether he presents himself for the withdrawal of blood on his own initiative or on the initiative of another person, in which he receives a monetary consideration in any form. Time off from work granted by an employer for the purpose of giving blood shall not be considered a direct monetary consideration. (e) Industrial use means a use of blood in which the blood is modified by physical or chemical means to produce derivatives for therapeutic or pharmaceutic biologicals and laboratory reagents or controls. (f) Transfusion means a use of blood in which the blood is administered to a human being for treatment of sickness or injury. Section 3. Withdrawal of Blood from Qualified Donors Only . No blood may be withdrawn from any individual in this State for transfusion or industrial uses unless he qualifies to be a blood donor under the laws of this State. Section 4. Containers of Blood to be Labeled . (a) Every person who withdraws blood from an individual or separates blood into components by physical processes shall affix to each container of such blood or components a label in a form specified by the Department of Human Resources which shall include an indication of whether the blood was obtained by purchase or donation. (b) The director of any blood bank who obtains blood in this State from a federally licensed blood bank in another state may label such blood as donated blood if he can legally certify to that fact. If he cannot make such certification, he shall label the blood as blood acquired by purchase.

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Section 5. Unlabeled Blood; Medical Record; Removal of Label . (a) No person may administer blood by transfusion in this State or transfer or offer to transfer blood for transfusion purposes by any type of transaction unless the container of such blood is labeled as required by Section 4. (b) When blood is administered by transfusion in this State, the identification number of the unit of blood shall be recorded in the patient's medical record, and the label on the container of such blood may not be removed before or during the administration of that blood by transfusion. Section 6. Transfer of Blood and Blood Components for Industrial Use . Blood and blood components, including salvage plasma, may be used and transferred for industrial uses without regard to whether its original acquisition was by purchase or donation. Section 7. Administration of Act . The Department of Human Resources shall administer this Act as a part of, and using the procedures of, the Clinical Laboratories Licensure Act. Section 8. Penalty . Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 9. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. PODIATRYQUALIFICATION OF APPLICANTS CHANGED, ETC. Code Chapter 84-6 Amended. No. 874 (House Bill No. 1281). An Act to amend Code Chapter 84-6, relative to the practice of podiatry, as amended, so as to change the provisions

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relative to the examination and qualifications of applicants; to change the provisions relative to the refusal or revocation of licenses; to provide for reissuance of revoked licenses and licensure after previous refusal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 84-6, relative to the practice of podiatry, as amended, is hereby amended by striking Code section 84-603 in its entirety and inserting in lieu thereof a new Code section 84-603 to read as follows: 84-603. Examination of applicants to practice podiatry; time; qualifications of applicants .Podiatry examinations shall be held semiannually, in such city or town as the board shall agree upon. The board shall publish the date and place of meetings in a newspaper published in the State of Georgia having general circulation. The board shall from time to time adopt rules and regulations as they deem necessary for the performance of their duties. Any person wishing to practice podiatry shall make written application through the Joint Secretary, State Examining Boards, to the Board of Podiatry Examiners 15 days prior to examinations in such form as shall be determined by the board. Applicants may stand for the examination either before or after the completion of one year of training as a podiatric intern or resident; provided, however, that before an applicant shall be eligible to receive a license to practice in this State, he shall furnish to the board satisfactory evidence in form and substance approved by the board that he has satisfactorily completed at least one year of training as a podiatric intern or resident in a program and institution approved by, and in good standing with, the board. An applicant for license shall have attained the age of 21 years, be of good moral character, and be a graduate of an accredited college of podiatric medicine, recognized by the board, offering no less than a minimum four-year course in podiatry. Examinations shall be in the English language, written or oral, embracing the following subjects: Histology, dermatology, anatomy, physiology, chemistry, bacteriology, pathology, diagnosis,

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and treatment, materia medica and therapeutics, clinical podiatry and such added subjects as shall subsequently be taught by accredited colleges of podiatry. Any applicant having passed the required State board examination in Georgia and completed the prescribed residency requirements may be granted the privilege of a limited, temporary license to practice, upon approval of the State Board, until his permanent license is prepared and legally signed and sealed by the proper authorities. The minimum requirement for licensure shall be a general average of 75 percent of the subjects involved and not less than 50 percent in any one subject. Section 2 . Said Code Chapter is further amended by striking Code section 84-608 in its entirety and inserting in lieu thereof a new Code section 84-608 to read as follows: 84-608. Refusal or revocation of licenses; hearing; appeal .The Board of Podiatry Examiners may, by a majority vote, refuse to grant, revoke, or suspend for a specified period the license to practice podiatry in this State, of any person or applicant, upon the following grounds to wit: Employment of fraud or deception in the examination of, consultation with or treatment of patients; employment of fraud or deception in applying for, or passing examination for license; habitual intemperance in the use of ardent spirits or narcotics; or flagrant immorality; or failure to comply with the law in renewing license annually by paying to the board proper annual license renewal registration fee. In cases where a license is proposed to be revoked, the charges referred by the board shall be made known to the person in writing, stipulating the place of hearing and giving the person or his counsel 20 days' notice. There may be an appeal from the judgment of the board by the person whose license is revoked in court, as in other cases now provided for by laws of Georgia. The board shall have the power to compel the attendance of any witnesses in behalf of the board or the person. The board shall have power to issue subpoenas to compel witnesses or material. Any witness refusing to appear and testify without legal excuse at such hearing of said board after having been served with a subpoena issued by said board, requiring such witness to

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appear and testify at such hearing, shall be guilty of contempt and the judge of the superior court in whose jurisdiction said hearing is held shall punish same as though committed before him upon certification of said act to the judge by the board. Should the person not appear, the board must proceed with the hearing and upon satisfactory proof of the charges preferred, revoke the license, regardless of the default of the person to appear. In cases of failure to renew license by paying the annual license renewal fee, the board shall have the power to revoke this license directly without a court hearing, provided the person has been given proper and timely notification in writing that the renewal fee is past due and provided the person has not appealed to the board for an extension of time for payment of the renewal fee or has shown the board just cause why the annual license renewal fee has not been duly paid at the time specified under the terms of this Chapter. Section 3 . Said Code Chapter is further amended by adding immediately following Code Section 84-608 a new Code Section to be designated Code Section 84-608.1 to read as follows: 84-608.1. Reissuance of revoked licenses; granting of license previously refused .At any time after six months has elapsed from the final termination of the proceedings involving refusal or revocation of license and upon application in form and substance approved by the board, the Board of Podiatry Examiners may by a majority vote issue a new license or grant a license to the person affected, restoring or conferring all the rights and privileges pertaining to the practice of podiatry as defined and regulated by this Chapter and rules promulgated by the Board of Podiatry Examiners. Any person to whom such rights and privileges have been restored shall pay to the Joint Secretary, State Examining Boards, a license fee of $50.00 on the issuance of a new license. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976.

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GEORGIA SOIL AMENDMENT ACT OF 1976. No. 875 (House Bill No. 1329). An Act to regulate the distribution and sale of soil amendments within the State of Georgia; to provide a short title; to provide an enforcing official; to provide definitions; to provide for registration; to provide for labeling; to define misbranding; to provide for tonnage reports; to define unlawful acts; to provide for inspection, sampling and examination; to provide for Stop Sale, Use and Removal Orders; to provide for enforcement; to establish penalties; to provide for refusal to register, denial and revocation; to provide for 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. Title . The Act shall be known as the Georgia Soil Amendment Act of 1976. Section 2. Enforcing Official . This Act shall be administered by the Commissioner of Agriculture of the State of Georgia, hereinafter referred to as the Commissioner. Section 3. Definitions . As used in this Act: 1. Adulterated means any soil amendment: a. Which contains any deleterious or harmful agent in sufficient quantity to be injurious to beneficial plants, animals, or aquatic life when applied in accordance with the directions for use shown on the label. b. Whose composition differs substantially from that offered in support of registration or shown on the label. c. Which contains noxious weed seed. 2. Bulk means in nonpackaged form.

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3. Commissioner means the Commissioner of Agriculture of the State of Georgia. 4. Distribute means to import, consign, offer for sale, sell, barter, or to otherwise supply soil amendments to any person in this State. 5. Distributor means any person who imports, consigns, sells, offers for sale, barters, or otherwise supplies soil amendments in this State. 6. Label means the display of written, printed or graphic matter upon the immediate container of the soil amendment. 7. Labeling means all written, printed, or graphic matter accompanying any soil amendment and all advertisements, brochures, posters, television, radio or oral claims used in promoting its sale. 8. Percent or Percentage means the parts per hundred by weight. 9. Person means individuals, partnerships, associations, corporations or other organized body. 10. Product Name means the designation under which a soil amendment is offered for distribution. 11. Registrant means any person who registers a soil amendment under the provisions of this Act. 12. Soil Amendment means any substance intended for changing the characteristics of soil or other growth medium for purposes of: a. Increasing penetrability of water or air, or b. Increasing water holding capacity, or c. Alleviating or decreasing soil compaction, or

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d. Otherwise altering the soil or other medium in such manner that the physical properties are materially enhanced. e. It does not include any substance for which nutritional claims are made, such as, but not limited to, commercial fertilizers, liming materials or unmanipulated vegetable or animal manures. Section 4. Registration . Every soil amendment distributed in Georgia shall be registered with the Commissioner on forms obtained from said Commissioner's office. Applicant shall provide such information as the Commissioner may require by regulation, after opportunity for public hearing. In determining the acceptability of any product for registration, the Commissioner may require proof of claims made for the soil amendment. If no specific claims are made, the Commissioner may require proof of usefulness and value of the soil amendment. As evidence of proof, the Commissioner may rely on experimental data furnished by the applicant and may require that such data be developed from tests conducted under conditions identical to or closely related to those conditions present in Georgia. The Commissioner may reject any data not developed under such conditions and may rely on the advice of the Experiment Station personnel or other University personnel in evaluating data for registration. The registration fee shall be Fifty Dollars ($50.00) per year for each product. Registration shall expire on December 31, annually, unless an application for renewal has been received prior to the expiration date. Section 5. Labeling . Every soil amendment container shall be labeled on the face or display side in a readable and conspicuous form showing: 1. The product name. 2. A statement of claim or purpose, if any are made. 3. Adequate directions for use.

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4. Net weight or volume. 5. Name and address of registrant. Section 6. Misbranded Products . A soil amendment shall be considered misbranded if: 1. Its label or labeling is false or misleading in any particular. 2. It is distributed under the name of another soil amendment. 3. It is represented as a soil amendment or is represented to contain a soil amendment unless such soil amendment conforms to the definition, if any, prescribed by the Commissioner by regulation. Section 7. Reports . Each registrant shall keep accurate records of his sales, and shall file a semiannual report covering the periods January 1 through June 30, and July 1 through December 31. Such reports shall be due within thirty (30) days from the date of the close of each period. If the report is not filed within the 30 day period or is false in any respect, the Commissioner may revoke the registrations. Section 8. Unlawful Acts . It shall be a violation of this Act for any person: 1. To distribute an unregistered soil amendment. 2. To distribute an unlabeled soil amendment. 3. To distribute a misbranded soil amendment. 4. To distribute an adulterated soil amendment. 5. To fail to comply with a Stop Sale, Use or Removal order, or

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6. To fail to submit semiannual reports. Section 9. Inspection, Sampling and Analysis . The Commissioner or his designated agents are authorized to enter upon any public or private property during regular working hours for the purpose of inspecting or sampling any soil amendment to determine if such amendment is being distributed in compliance with the provisions of this Act. In the examination of such samples, the Commissioner may rely on such tests as he may establish by regulation are necessary for the enforcement of this Act. Section 10. Stop Sale, Use and Removal Orders . The Commissioner may issue and enforce a written or printed Stop Sale, Use or Removal Order to the owner or custodian of any lot of soil amendment, and to hold at a designated place, any such lot of soil amendment which the Commissioner determines does not comply with the provisions of this Act. When such soil amendment has been made to comply with the provisions of this Act, it shall then be released in writing by the Commissioner. Section 11. Enforcement . The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this Act or the regulations adopted hereunder, in the Superior Court of the county in which such violation occurs or is about to occur. Section 12. Penalties . Any person violating the provisions of this Act or the regulations adopted hereunder shall be guilty of a misdemeanor. Section 13. Refusal to Register, Denial or Revocation . The Commissioner shall refuse to register any soil amendment which fails to comply with the provisions of this Act, and may revoke, after opportunity for hearing, any registration, upon satisfactory evidence that the registrant or any of his designated agents has used fraudulent or deceptive practices pursuant to the distribution of any soil amendment. Section 14. Rules and Regulations . The Commissioner is authorized to promulgate and adopt such rules and regulations

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as may be necessary to enforce the provisions of this Act. Such regulations may relate to, but shall not be limited to, methods of inspection and examination, designation of ingredients and identity of products. Section 15. Severability . If any provisions of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. Section 16. Effective Date . This Act shall become effective January 1, 1977. Section 17. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. EDUCATIONTEACHERS' MATERNITY LEAVES. No. 876 (House Bill No. 1369). An Act to amend an Act providing for sick leave for teachers in the public schools in this State, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 43), as amended by an Act approved March 20, 1970 (Ga. L. 1970, p. 459) and by an Act approved March 21, 1974 (Ga. L. 1974, p. 477), so as to provide for leaves of absence for maternity reasons; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for sick leave for teachers in the public schools in this State, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 43), as amended by an Act approved March 20, 1970 (Ga. L. 1970, p. 459) and by an Act

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approved March 21, 1974 (Ga. L. 1974, p. 477), is hereby amended by adding a new section between section 1A and 2 to be designated section 1B and to read as follows: Section 1B. A leave of absence for maternity reasons shall be granted to a teacher as follows: (a) A teacher who is pregnant shall be entitled to a leave of absence to begin at a time to be determined by the teacher, the physician and the local school superintendent between the commencement of pregnancy and the anticipated date of delivery. Said teacher shall notify the superintendent in writing of her desire to take such leave and, except in case of emergency, shall give such notice at least sixty calendar days prior to the date on which her leave is to begin. This notice shall include a doctor's statement of anticipated date of physical disability. The teacher may continue in active employment as late into her pregnancy as she desires provided she is able to properly perform the required functions of her job. Final determination of ability to properly perform the required job functions shall be made by the local Board of Education. A teacher wishing to work to the date of physical disability shall be entitled to the use of all accumulated sick leave credited to her, not to exceed the doctor's estimated length of physical disability. A teacher wishing to discontinue work prior to the date of physical disability shall be governed by the same sick leave provisions as apply to teachers on leave for other reasons. (b) A teacher who has been granted leave for the period of physical disability only shall be entitled to return to active employment upon presentation of a doctor's statement of physical ability to perform the required functions of the job and shall be assigned to a substantially equivalent position to be approved by the superintendent. A teacher who has been granted leave for a period longer than the period of physical disability, but not to exceed one full school year, shall be entitled to return to active employment upon written request for reassignment and contingent on a vacancy for which the teacher is qualified. Such teacher shall be given preference equal to any other applicant returning from a period of physical disability for a vacancy for which she is

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qualified. In any instance, a teacher's return to active employment may be delayed until the beginning of a quarter (or semester) in order to maintain continuity of classroom instruction. (c) If the local school board disagrees with any doctor's statement of disability, or ability, it may appoint a physician of the same medical specialty as the teacher's physician, for the purpose of receiving independent medical judgement. 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 5, 1976. REVENUECOUNTY APPEALSTIME CHANGES PROVIDED. Code 92-6912 Amended. No. 877 (House Bill No. 1377). An Act to amend Code section 92-6912, relating to county boards of equalization, as amended, so as to change the time within which a notice of appeal must be filed with the local board of tax assessors by residents of the county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-6912, relating to county boards of equalization, as amended, is hereby amended by striking subsection (5) (C) in its entirety and inserting in lieu thereof a new subsection (5) (C), to read as follows: (C) A notice of appeal, in the case of residents of the county, shall be filed with the local board of tax assessors within 15 days from the date of giving the notice pursuant

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to said section 92-6911 or subsection (5) (B) above. A notice of appeal, in the case of a nonresident of the county, shall be filed with the board of tax assessors within 20 days from the giving of such notice, as provided in section 92-6911 or subsection (5) (B) above. Code 92-6912 amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. JUDICIAL SALESPAYMENT BY CERTIFIED CHECK, ETC., PROVIDED. No. 878 (House Bill No. 1384). An Act to provide that purchasers at judicial sales need not tender cash, but, as an alternative, may tender a cashier's or certified check which is drawn for the amount of the purchase price and which is issued by or certified by any financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Purchasers at judicial sales need not tender cash, but, as an alternative, may tender a cashier's or certified check which is drawn for the amount of the purchase price and which is issued by or certified by any financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. Payment. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976.

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INTOXICATING LIQUORSDISTILLED SPIRITS BRANDSPUBLIC INSPECTION OF RECORDS PROVIDED. No. 879 (House Bill No. 1388). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, so as to provide that certain records pertaining to distilled spirits brands, shipments and sales shall be open to 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 . An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by adding an additional paragraph to section 22 as follows: The records of the State Revenue Commissioner relating to distilled spirits brands, shipments, and sales by manufacturers, shippers or wholesalers shall at all reasonable times be open to the inspection of the public. Inspection. 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 5, 1976.

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GEORGIA PESTICIDE USE AND APPLICATION ACT OF 1976. No. 880 (House Bill No. 1393). An Act to regulate the application of pesticides by any means within the State of Georgia; to provide a short title; to provide an enforcing official; to provide a declaration of purpose; to provide for definitions; to provide for adoption of regulations; to provide for classifications of licenses; to provide for licensing requirements; to provide for applicability to certain governmental entities and liability; to provide for cooperative agreements; to provide for license renewals, delinquent penalties; to provide for unlawful acts, suspension, and revocation of licenses, permits or certifications; to provide for financial responsibility by pesticide contractors; to provide for reports; to provide for records; to provide for inspection of equipment; to provide for reciprocal agreements; to provide for exemptions; to provide for storage and disposal of pesticides and pesticide containers; to provide legal recourse; to provide for publication of certain information; to provide for penalties; to provide for subpoenas; to provide for enforcement; to provide for delegation of duties; to provide for severability; to provide an effective date; to repeal an Act known as the Georgia Pesticide Use and Application Act, approved April 3, 1972 (Ga. L. 1972, p. 849), as amended; 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 cited as the Georgia Pesticide Use and Application Act of 1976. Section 2. Enforcing Official . This Act shall be administered by the Commissioner of Agriculture of the State of Georgia, hereinafter referred to as the Commissioner. In the administration of this Act, the Commissioner shall appoint a Pesticide Advisory Board for the purpose of advising him on all matters relating to pesticides, their use and application.

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Section 3. Declaration of Purpose . The purpose of this Act is to regulate in the public interest the use and application of pesticides to control pests as hereinafter defined. Pesticides perform a valuable role by: (a) controlling insects, fungi, nematodes, rodents and other pests which ravage and destroy our supply of food and fiber, which serve as vectors of disease, and which otherwise constitute a nuisance in the environment or the home, (b) controlling weeds which compete in the production of food and fiber and which otherwise are unwanted elements in our environment, and (c) regulating plant growth to enhance both the quantity and quality of our supply of food and fiber and to facilitate its harvest. New pesticides are continually being discovered, synthesized, or developed which are valuable for the control of pests and for use as defoliants, desiccants, plan regulators and related purposes. However, such pesticides, may be ineffective, may cause injury to man or may cause unreasonable adverse effects on the environment if not properly used. Pesticides may injure man or animals, either by direct poisoning or by gradual accumulation of pesticide residues in the tissues. Crops or other plants may also be injured by their improper use. The drifting or washing of pesticides into streams or lakes may cause appreciable damage to aquatic life. A pesticide applied for the purpose of killing pests in a crop which is not itself injured by the pesticide, may drift and injure other crops or nontarget organisms with which it comes in contact. Therefore, it is deemed necessary to provide for regulation of the use and application of such pesticides. Section 4. Definitions . As used in this Act: (1) Animal means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. (2) Beneficial Insects means those insects which, during

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their life cycle, are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial. (3) Board means the Pesticide Advisory Board. (4) Certified Applicator, etc. (A) Certified Applicator means any individual who is certified under this Act to use or supervise the use of any restricted use pesticide restricted to use by certified applicators, or any State restricted pesticide use restricted to use by certified applicators. (B) Private Applicator means any individual who purchases, uses or supervises the use of any restricted use pesticide restricted to use by certified applicators or any State restricted pesticide use restricted to use by certified applicators for purposes of producing any agricultural or forestry commodity on property owned or rented by him or his employer or (if applied without compensation other than trading of personal services between producers of agricultural and forestry commodities) on the property of another person. (C) Commercial Applicator means any individual (i) who is not a private applicator who uses or supervises the use of any restricted use pesticide restricted to use by certified applicators or any State restricted pesticide use restricted to use by certified applicators, or (ii) who uses or supervises the use of any other pesticide for a pesticide contractor as an employee or otherwise. (D) Pesticide Contractor means any person who engages in the business of contracting for the application of any pesticide to the lands of another. (5) Commissioner means the Commissioner of Agriculture. (6) Defoliant means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

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(7) Desiccant means any substance or mixture of substances intended for artifically accelerating the drying of plant tissue. (8) Environment includes water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these. (9) EPA means the United States Environmental Protection Agency. (10) Equipment means any type of ground, water or aerial equipment or contrivance using motorized, mechanical or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating or stored on or in such land, but shall not include any pressurized handsized household apparatus used to apply any pesticide, or any equipment or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application. (11) FIFRA means the Federal Insecticide, Fungicide and Rodenticide Act, and the amendments thereto. (12) Fungi means all nonchlorophyll-bearing thallophytes (that is, all noncholorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other living animals, and except those in or on processed food, beverages, or pharmaceuticals. (13) Insect means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, flies, and to other allied causes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes, and wood lice. (14) Label means the written, printed or graphic

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matter on, or attached to, the pesticide or device or any of its containers or wrappers. (15) Labeling means the label and all other written, printed, or graphic matter: (A) accompanying the pesticide or device at any time; or (B) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of EPA; the United States Departments of Agriculture and Interior and Department of Health, Education, and Welfare; State experiment stations; State agricultural colleges; and other similar federal or State institutions or agencies authorized by law to conduct research in the field of pesticides. (16) Land means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. (17) Nematode means invertebrate animals of the phylum Nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms. (18) Permit means a written certificate issued by the Commissioner or his authorized agent, authorizing the purchase, possession, or use of certain pesticides or pesticide uses defined in subsections 24 and 25 of this section. (19) Person means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not. (20) Pest means (A) any insect, rodent, nematode, fungus, weed, or (B) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except virus, bacteria, or other microorganism on or in living man or other living animals), which the EPA Administrator declares to be a pest under section 25(c) (1) of

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FIFRA or which the Commissioner declares to be a pest under section 5(f) of this Act. (21) Pesticide means (A) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, and (B) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. (22) Plant Regulator means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. (23) Protect Health and the Environment means protection against any unreasonable adverse effects on the environment. (24) Restricted Use Pesticide means any pesticide whose label bears one or more uses which have been classified as restricted by the Administrator, EPA. (25) State Restricted Pesticide Use means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the Commissioner determines, subsequent to a hearing, requires additional restrictions for that use to protect the environment including man, lands, beneficial insects, animals, crops, and wildlife, other than pests. (26) Under the Direct Supervision of a Certified Applicator means that, unless otherwise prescribed by its labeling or regulations of the Commissioner, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though

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such certified applicator is not physically present at the time and place the pesticide is applied. (27) Unreasonable Adverse Effects on the Environment means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. (28) Weed means any plant which grows where not wanted. (29) Wildlife means all living things that are neither human, domesticated, nor, as defined in this Act, pests, including but not limited to mammals, birds, and aquatic life. Section 5. Commissioner to Administer and Enforce Act and Adopt Regulations . (a) The Commissioner shall administer and enforce the provisions of this Act and shall have authority to issue regulations after a public hearing following due notice to all interested persons in conformance with the provisions of the Georgia Administrative Procedures Act to carry out the provisions of this Act. Such regulations may prescribe methods to be used in the application of pesticides. When the Commissioner finds that such regulations are necessary to carry out the purpose and intent of this Act, such regulations may relate to the time, place, manner, methods, materials, and amounts and concentrations, in connection with the application of the pesticide, and may restrict or prohibit use of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors which the Commissioner deems necessary to prevent damage or injury by drift or misapplication to: (1) Plants, including forage plants, or adjacent or nearby lands; (2) Wildlife in the adjoining or nearby areas; (3) Fish and other aquatic life in waters in reasonable proximity to the area to be treated; (4) Humans, animals or beneficial insects.

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(b) In issuing such regulations, the Commissioner shall give consideration to pertinent research findings and recommendations of other agencies of this State or of the Federal Government. The Commissioner may require, by regulation, that notice of a proposed application of a pesticide be given to land owners in designated areas, if he finds that such notice is necessary to carry out the purpose of this Act. (c) For the purpose of uniformity and in order to enter into cooperative agreements, the Commissioner may adopt restricted use pesticide classifications as determined by the Federal Environmental Protection Agency. In addition to those restricted use pesticides classified by the Administrator, Environmental Protection Agency, the Commissioner also may determine, by regulation, after a public hearing following due notice, State restricted pesticide uses for the State or for designated areas within the State. If the Commissioner determines that the pesticide use (when applied in accordance with its directions for use, warnings, cautions, and for uses for which it is registered) may cause, without additional regulatory restrictions, unreasonable adverse effects on the environment, including injury to the applicator or other persons because of acute dermal or inhalation toxicity of the pesticide, the pesticide use shall be applied only by or under the direct supervision of a certified applicator, or be subject to such other restrictions as the Commissioner may determine. (d) Regulations adopted under this Act shall not permit any pesticide use which is prohibited by FIFRA and regulations or orders issued thereunder. (e) Regulations adopted under this Act as to certified applicators of restricted use pesticides as designated under FIFRA shall not be inconsistent with the requirements of FIFRA and regulations promulgated thereunder. (f) The Commissioner, after notice and opportunity for hearing, is authorized to declare any form of plant or animal life (other than man and other than bacteria, virus, and other microorganisms on or in living man or other living

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animals) which is injurious to health or the environment a pest. (g) In order to comply with section 4 of FIFRA, the Commissioner is authorized to make such reports to the United States Environmental Protection Agency in such form and containing such information as the agency may from time to time require. Section 6. Classification of Licenses; Standards . (a) The Commissioner may classify or subclassify certifications or licenses to be issued under this Act as may be necessary for the effective administration and enforcement of the Act. Each classification shall be subject to separate requirements; provided, that no person shall be required to pay an additional license fee if such person desires to be licensed in one or all of the license classifications provided for certified Commercial Pesticide Applicators by the Commissioner under the authority of this section. (b) The Commissioner, in promulgating regulations under this Act, shall prescribe standards for the certification of applicators of pesticides. Such standards may relate to the use and handling of pesticides, or to the use and handling of the pesticide or class of pesticides covered by the individual's certification, and shall be relative to the hazards involved. In determining standards, the Commissioner shall consider the characteristics of the pesticide formulation such as the acute dermal and inhalation toxicity; the persistence, mobility, and susceptibility to biological concentration; the use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information; the relative hazards or patterns of use such as granular soil applications, ultralow-volume or dust aerial applications, or air blast sprayer applications; and the extent of the intended use. Further, the Commissioner shall take into consideration standards of the United States Environmental Protection Agency and is authorized to adopt such standards by regulation.

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Section 7. Licensing Requirements . (a) Pesticide Contractor's License. (1) No person shall engage in the business of contracting for the application of any pesticide to the lands of another within this State at any time without a pesticide contractor's license issued by the Commissioner for each business location. In addition to the pesticide contractor's license, each business location must maintain in full time employment during all periods of operation at least one certified commercial pesticide applicator. The Commissioner shall require an annual fee of fifteen (15) dollars for each pesticide contractor's license issued. (2) Application for pesticide contractor's licenseform, content. Application for a pesticide contractor's license shall be made in writing to the Commissioner on a designated form obtained from said Commissioner's office. Each application for a license shall contain information regarding applicant's qualifications and proposed operations and shall include the following: (A) The full name of the person applying for the license; (B) If the applicant is a person other than an individual, the full name of each member of the firm or partnership, or the names of the principal officers of the association, corporation or group; (C) The principal business address of the applicant in the State and elsewhere; (D) If applicable, the name and address of an attorney-infact pursuant to the requirements of the Department of Agriculture Registration, License and Permit Act; (E) The model, make, horsepower, and size of any equipment used by the applicant to apply pesticides; and (F) Any other necessary information prescribed by the Commissioner.

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(3) Issuance of pesticide contractor's license. If the Commissioner finds the applicant qualified to engage in the business of contracting for the application of pesticides commercially, and if the applicant files proof of financial responsibility as required under section 12 of this Act; and if the applicant applying for a license to contract for aerial application of pesticides has met all of the requirements of the Federal Aviation Administration and all aeronautic requirements of this State for operation of equipment described in the application, the Commissioner shall issue a pesticide contractor's license, with any necessary limitations, which shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior thereto by the Commissioner for cause. (b) Certified Pesticide Applicator Licenses. (1) Certified private applicator's license. (A) No individual shall purchase, use or supervise the use of any pesticide as a private applicator unless he is licensed as a certified private applicator, or is acting under the direct supervision of an individual who is licensed as a certified private applicator. The Commissioner shall require the applicant to demonstrate his competency to apply restricted use pesticides safely, effectively and in such a manner as to prevent any unreasonable adverse effects on the environment. Such determination of competency shall be made on the basis of standards and procedures approved by EPA in the Georgia Plan for Certification of Pesticide Applicators. (B) Application for certified private applicator's licensesform, content. Application for a license shall be made in writing to the Commissioner on a designated form obtained from said Commissioner's office. Each application shall contain information regarding applicant's qualifications and proposed operations and shall include the following: (i) Name of the person applying for the license. (ii) Complete home address and mailing address of applicant.

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(iii) Any other information pertinent to the applicant's operation. (C) Issuance of private pesticide applicator's license. If the Commissioner finds the applicant qualified to use or supervise the use of restricted use pesticides as a private pesticide applicator, he shall issue such license to be effective for a specified period which shall be determined by the Commissioner by regulation. In no event shall the initial license period be less than 5 years from the effective date of FIFRA and the regulations established thereunder. There shall be no fee required for a certified private applicator's license. (2) Certified commercial pesticide applicator's license. (A) Use of pesticide as commercial applicator. No individual shall purchase, use, or supervise the use of any pesticide as a commercial applicator unless he is licensed as a certified commercial applicator, or he is acting under the direct supervision of an individual who is licensed as a certified commercial applicator. The Commissioner shall require the applicant to demonstrate his competency to apply pesticides safely, effectively and without any unreasonable adverse effects on the environment. Such determination of competency shall be made on the basis of standards and procedures approved by EPA in the Georgia Plan for Certification of Pesticide Applicators. (B) Application for certified commercial pesticide applicator's licenseform, content. Application for a license shall be made in writing to the Commissioner on a designated form obtained from said Commissioner's office. Each application shall contain information regarding applicant's qualifications and proposed operations and shall include the following: (i) The full name of the person applying for the license; (ii) The principal business address of the applicant in the State and elsewhere;

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(iii) If applicable, the name and address of an attorney-in-fact pursuant to the requirements of the Department of Agriculture Registration, License and Permit Act; (iv) Any other necessary information prescribed by the Commissioner. (C) Issuance of certified commercial pesticide applicator's license. If the Commissioner finds the applicant qualified to apply pesticides in the classification or classifications he has applied for, the Commissioner shall issue a certified commercial pesticide applicator's license. Such license shall be renewable annually on January 1, subject to payment of a ten (10) dollar license fee. Provided, that recertification as a basis for relicensing shall not be required sooner than 5 years from the effective date of section 4, FIFRA and the regulations established thereunder. Section 8. Application of Act to Governmental Entities; Liability . (a) All State agencies, municipal corporations, or any other governmental agency shall be subject to the provisions of this Act and rules adopted thereunder concerning the application and use of pesticides. (b) Employees of agencies listed in section 8(a) who use or supervise the use of restricted use pesticides restricted to use by certified applicators or State restricted pesticide uses restricted to use by certified applicators shall be subject to requirements as provided for in section 7(b) (2); provided, that the Commissioner shall issue a limited license without a fee to such public applicator who has qualified for such license. Such license shall be valid only when such applicator is acting as an applicator applying or supervising application of pesticides used by such entities. Government research personnel shall be exempt from this licensing requirement when applying pesticides, (other than restricted use pesticides restricted to use by certified applicators, or State restricted pesticide uses restricted to use by certified applicators) only to experimental plots. Individuals licensed pursuant to this section shall be certified commercial applicators for the use of restricted use pesticides covered by the applicant's classification.

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(c) Such governmental agencies and municipal corporations shall be subject to legal recourse by any person damaged by such application of any pesticide, and such action may be brought in the county where the damage or some part thereof occurred. Section 9. Cooperative Agreements . The Commissioner may cooperate, receive grants-in-aid, and enter into agreements with any agency, of the Federal Government, of this State or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this Act, in order to: (a) Secure uniformity of regulations; (b) Cooperate in the enforcement of the federal pesticide control laws through the use of State or federal, or both, personnel and facilities and to implement cooperative enforcement programs; (c) Develop and administer State plans for training and for certification of certified applicators consistent with federal standards; (d) Contract for training with other agencies for the purpose of training certified applicators; (e) Prepare and submit State plans to meet federal certification standards, as provided for in section 4 of FIFRA; and (f) Regulate certified applicators. Section 10. License Renewals; Penalty Delinquent Renewals; Retesting . If the application for renewal of any license, permit or certification is not filed prior to the first day of the succeeding license period, a penalty of 50 percent shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license, permit, or certification shall be issued. Any person holding a current valid license, permit or certification may renew such license, permit or certification for the next year or

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next license period subject to reexamination or such other requirements as the Commissioner may impose by regulation to ensure that applicators continue to meet the needs of changing technology, and to assure a continuing level of competence and ability to use pesticides safely and properly. However, if the license, permit, or certification is not renewed within 60 days after the beginning of a new license period, then such licensee, permittee, or certificate holder shall be required to take another examination. Section 11. Unlawful Acts or Grounds for Denial; Suspension, or Revocation of a License, Permit or Certification . The Commissioner may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for hearing, may deny, suspend, revoke or modify any provision of any license, permit or certification issued under this Act if he finds that the applicant or the holder of a license, permit or certification has been convicted or is subject to a final order imposing a civil penalty pursuant to section 14, FIFRA or has committed any of the following acts, each of which is declared to be a violation of this Act; provided, that any licensed or unlicensed person shall be subject to prosecution, and upon conviction shall be subject to the penalties provided for by section 21: (a) Made false or fraudulent claims through any media misrepresenting the effect of pesticides or methods to be utilized; (b) Made a pesticide recommendation or use inconsistent with the labeling, the U.S. Environmental Protection Agency or Georgia State registration for that pesticide, or in violation of the U.S. Environmental Protection Agency or Georgia State restrictions on the use of that pesticide; (c) Applied known ineffective or improper pesticides; (d) Operated faulty or unsafe equipment; (e) Operated in a faulty, careless or negligent manner; (f) Neglected or, after notice, refused to comply with the provisions of this Act, the rules adopted hereunder;

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(g) Refused or neglected to keep and maintain the records required by this Act, or to make reports when and as required; (h) Made false or fraudulent records, invoices or reports; (i) Contracted to apply any pesticide to the lands of another without a licensed commercial pesticide applicator in full-time employment; (j) Used fraud or misrepresentation in making an application for, or renewal of, a license, permit or certification; (k) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license, permit or certification; (l) Aided or abetted a licensed or an unlicensed person to evade the provisions of this Act, conspired with such a licensed or an unlicensed person to evade the provisions of this Act, or allowed one's license, permit, or certification to be used by another person; (m) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land; (n) Impersonated any federal, State, county or city inspector or official; or (o) Acted in the capacity of, or advertised as a pesticide contractor or applicator without the required license issued by the Commissioner. Section 12. Surety Bond, Insurance, or Cash Deposits Required for Pesticide Contractor's License . (a) The Commissioner shall not issue a pesticide contractor's license until the applicant has furnished evidence of financial responsibility with the Commissioner consisting either of a surety bond, a liability insurance policy or a cash deposit or certification thereof, protecting persons who may suffer legal damages as a result of the operation of the applicant; provided,

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that such surety bond, liability insurance policy, or cash deposit need not apply to damages or injury to agricultural crops, plants, or land being worked upon by the applicant. (b) Amount of Bond, Insurance or Cash Deposit RequiredNotice of Reduction of Cancellation by Surety or Insurer. The amount of surety bond, liability insurance or cash deposit as provided for in this section shall be set by regulation. Such surety bond, liability insurance or cash deposit shall be maintained at not less than the minimum set by regulation at all times during the licensed period. The Commissioner shall be notified ten days prior to any reduction at the request of the applicant or cancellation of such surety bond or liability insurance by the surety or insurer; provided, that the total and aggregate liability of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy or cash deposit. Provided, further, that the Commissioner may accept a liability insurance policy, surety bond or cash deposit in the proper sum, which has a deductible clause in an amount not exceeding $1,000.00 for aerial contractors and $100.00 for all other contractors for the total amount of liability insurance, surety bond or cash deposit required herein; and provided, further, that if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the Commissioner unless such applicant furnishes the Commissioner with a surety bond, liability insurance or cash deposit which shall satisfy the amount of the deductible as to all claims that may arise in his application of pesticides. Further, in the event any contractor has an unpaid and outstanding judgment against him as a result of damages caused to a second party by the misuse of pesticides, he must provide a bond in an amount acceptable to the Commissioner before he can be licensed or relicensed. (c) Personal Liability for Damage. Nothing in this Act shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of the Commissioner.

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Section 13. Reports of Pesticide Accidents, Incidents, or Loss . (a) The Commissioner may by regulation require the reporting of significant pesticide accidents or incidents. (b) Any person claiming damages from a pesticide application shall have filed with the Commissioner on a form prescribed by the Commissioner a written statement claiming that he has been damaged. This report shall have been filed within 60 days after the date that damages occurred. If a growing crop is alleged to have been damaged, the report must be filed prior to the time that 25 percent of the crop has been harvested. Such statement shall contain, but shall not be limited to the name of the person allegedly responsible for the application of said pesticide, the name of the owner or lessee of the land on which the crop is grown and for which damage is alleged to have occurred, and the date on which the alleged damage occurred. The Commissioner shall prepare a form to be furnished to persons to be used in such cases, and such form shall contain such other requirements as the Commissioner may deem proper. The Commissioner shall, upon receipt of such statement, notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility of the damages claimed and furnish copies of such statements as may be requested. The Commissioner shall inspect damages whenever possible and when he determines that the complaint has sufficient merit he shall make such information available to the person claiming damage and to the person who is alleged to have caused the damage. (1) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action. (2) The failure to file such a report shall not be a violation of this Act. However, if the person failing to file such report is the only one injured from such use or application of a pesticide by others, the Commissioner may, when in the public interest, refuse to hold a hearing for the denial, suspension

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or revocation of a license or permit issued under this Act until such report is filed. (3) Where damage is alleged to have occurred, the claimant shall permit the Commissioner, the licensee and his representatives, such as bondsman or insurer, to observe within reasonable hours the lands or nontarget organism alleged to have been damaged in order that such damage may be examined. Failure of the claimant to permit such observation and examination of the damaged lands shall automatically bar the claim against the licensee. Section 14. Licensee to Keep Records; Duration; Submission to Commissioner . The Commissioner shall require licensed pesticide contractors and licensed certified commercial applicators not employed by or otherwise acting for a licensed pesticide contractor to maintain records with respect to applications of pesticides. Such relevant information as the Commissioner may deem necessary may be specified by regulation. Such records shall be kept for a period of time specified by the Commissioner by regulation, and the Commissioner or his authorized designee shall be permitted to inspect such records during normal business hours at the place where they are maintained and the Commissioner or his authorized designee shall, upon request in writing, be furnished with a copy of such records forthwith by the licensee. Section 15. Inspection of Equipment . The Commissioner may provide for inspection of any equipment used for application of pesticides and may require repairs or other changes before its further use for pesticide application. A list of requirements that equipment shall meet may be adopted by regulation. Section 16. Reciprocal Agreement . The Commissioner may waive all or part of the examination requirements provided for in sections 6, 7 and 8 of this Act on a reciprocal basis with any other state which has substantially the same standards. Section 17. Exemptions . (a) Farmer Exemption. The provisions of section 7 of this Act relating to licenses and

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requirements for their issuance shall not apply to any farmer applying pesticides classified for general use for himself or for his farmer neighbors; provided that: (1) He operates farm property and operates and maintains pesticide application equipment primarily for his own use; (2) He is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation and that he shall not publicly hold himself out as a pesticide contractor; (3) He operates his pesticide application equipment only in the vicinity of his own property and for the accommodation of his neighbors. (b) Veterinarian Exemption. The provisions of section 7(b) (2) of this Act relating to license and requirements for their issuance shall not apply to a Doctor of Veterinary Medicine applying pesticides to animals during the normal course of his veterinary practice; provided, that he is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation or does not publicly hold himself out as a pesticide contractor. (c) Experimental Research Exemption. The provisions of section 7 of this Act relating to licenses and requirements for their issuance shall not apply to research personnel applying pesticides (other than restricted use pesticides restricted to use by certified applicators or State restricted pesticide uses restricted to use by certified applicators) only to bona fide experimental plots. (d) Structural Pest Control Act Exemption. Persons subject to the Georgia Structural Pest Control Act are exempt from the provisions of this Act and regulations issued hereunder, with respect to any activities which are regulated under the Georgia Structural Pest Control Act, as amended. Section 18. Storing and Disposal of Pesticides and Pesticide Containers . No person shall transport, store or dispose

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of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The Commissioner may promulgate rules and regulations governing the storing and disposal of such pesticides or pesticide containers. In determining these standards, the Commissioner shall take into consideration any regulations issued by the U.S. Environmental Protection Agency and any regulations issued by the Environmental Protection Division of the Georgia Department of Natural Resources. Section 19. Legal Recourse . Any person aggrieved by any action of the Commissioner may obtain judicial review thereof in accordance with the provisions of the Georgia Administrative Procedure Act. Section 20. Information . The Commissioner may cooperate with the educational institutions and other State or federal agencies in publishing information and conducting short courses of instruction in the areas of knowledge required by this Act. Section 21. Penalties . Any person violating any provisions of the Act or regulations adopted thereunder is guilty of a misdemeanor. Section 22. Subpoenas . The Commissioner may issue subpoenas to compel the attendance of witnesses and production of books, documents and records anywhere in the State in any hearing affecting the authority or privilege granted by a license, certification, or permit issued under the provisions of this Act. Section 23. Enforcement . (a) For the purpose of carrying out the provisions of this Act the Commissioner may enter upon any public or private premises at reasonable times, in order to: (1) Have access for the purpose of inspecting any equipment subject to this Act; or

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(2) Inspect or sample lands actually or reported to be exposed to pesticides; or (3) Inspect storage or disposal areas; or (4) Inspect or investigate complaints of injury to humans or land; or (5) Sample pesticides being applied or to be applied. Should the Commissioner be denied access to any land where such access was sought for the purposes set forth in this Act, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may upon such application issue the search warrant for the purposes requested; and (6) Observe the use and application of any pesticide. (b) The Commissioner, with or without the aid and advice of the county or district attorney, is charged with the duty of enforcing the requirements of this Act and any rules or regulations issued hereunder. In the event a county or district attorney refuses to act on behalf of the Commissioner, the Attorney General may so act. (c) The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this Act or any rule made pursuant to this Act in the Superior Court of the county in which such violation occurs or is about to occur. Section 24. Delegation of Duties . The functions vested in the Commissioner by this Act may be delegated by him to such employees of the Department or agents as the Commissioner may from time to time designate for such purposes. Section 25 . Notwithstanding any other provision of this Act, no provision of this Act shall authorize any person to violate any of the provisions of any law the administration and enforcement of which is assigned to the State Department of Natural Resources or any Division therein or to the

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Coastal Marshlands Protection Committee or any rules or regulations adopted and promulgated thereunder. Nor shall this Act be construed as repealing, preempting, modifying, or limiting the authority or functions assigned to the Department of Natural Resources, its Divisions or officials or of the Coastal Marshland Protection Committee. Section 26. 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 27. Effective Date . This Act shall become effective January 1, 1977; provided, that there shall be no requirement for the certification of private pesticide applicators prior to October 21, 1977, or such subsequent time as it becomes necessary under section 4, FIFRA and the regulations established thereunder. Section 28. Specific Repealer . The Georgia Pesticide Use and Application Act, approved April 3, 1972 (Ga. L. 1972, p. 849), as amended, is hereby repealed in its entirety. Section 29. General Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976.

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GEORGIA BUREAU OF INVESTIGATIONSPECIAL CONTRACT INVESTIGATORS CONSIDERED EMPLOYEES. No. 881 (House Bill No. 1431). An Act to amend an Act establishing the qualifications for agents of the Georgia Bureau of Investigation, approved February 25, 1949 (Ga. L. 1949, p. 1177), as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 544), so as to provide that special contract investigators retained by the Director of the Georgia Bureau of Investigation shall be considered employees of the Georgia Bureau of Investigation and shall have all the rights and privileges of such employees with certain exceptions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the qualifications for agents of the Georgia Bureau of Investigation, approved February 25, 1949 (Ga. L. 1949, p. 1177), as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 544), is hereby amended by striking in its entirety subparagraph (h) of section 3, which reads as follows: (h) Special contract investigators shall not be considered employees of the Division of Investigation for any purpose. and by inserting in lieu thereof a new subparagraph (h), to read as follows: (h) Persons retained pursuant to this Act as special contract investigators shall be considered persons in the service of the Georgia Bureau of Investigation under a contract of hire with that agency, whose employment of those persons as special contract investigators shall be considered an employment in the usual course of the business of that agency. Persons retained by the Georgia Bureau of Investigation as special contract investigators shall have all the rights and privileges of other employees of the Georgia Bureau of Investigation; provided, however, that such

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persons shall be in the unclassified service of the State Merit System of Personnel Administration and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure or other such matters concerning their employment as may now or hereafter be established by the State Personnel Board, the State Merit System of Personnel Administration, or any successor boards or agencies; provided further that persons retained as special contract investigators shall not be authorized to be members of the Employees' Retirement System of Georgia, as established by an Act approved February 3, 1949 (Ga. L. 1949, p. 138), as amended; and provided further that persons retained as special contract investigators shall not be eligible for participation in the Peace Officers Annuity and Benefit Fund, as established by an Act approved February 1, 1950 (Ga. L. 1950, p. 50), as amended, particularly by an Act approved March 12, 1973 (Ga. L. 1973, p. 63) and an Act approved March 28, 1974 (Ga. L. 1974, p. 1201). Employees. 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 5, 1976. EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDLEAVE PROVISIONS CHANGED. No. 882 (House Bill No. 1447). An Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved April 2, 1974 (Ga. L. 1974, p. 1451), so as to change the provisions relating to accumulated days of forfeited

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annual and sick leave; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved April 2, 1974 (Ga. L. 1974, p. 1451), is hereby amended by striking the paragraph at the end of subsection (1) of section 4, relating to accumulated days of forfeited annual and sick leave, which was added by the aforesaid amendatory Act of 1974, in its entirety and inserting in lieu thereof a new paragraph at the end of subsection (1) of section 4, to read as follows: Accumulated days of forfeited annual and sick leave of a member of the retirement system for which the member has not been paid shall constitute creditable service if such member at the time of retirement has a total of six months or more of such forfeited annual and sick leave. Such service shall be computed on the basis of 20 days of forfeited leave constituting one month of service. At the time of retirement of the member the employer shall certify to the retirement system the total amount of such forfeited annual and sick leave of such member and contribute the same amount as would have been contributed by the employer had the member remained in State employment without change in compensation for a period equal to the amount of such forfeited annual and sick leave. Leave. Section 2 . This Act shall become effective upon the signature of 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 5, 1976.

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GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT AMENDED. No. 884 (House Bill No. 1526). An Act to amend an Act known as the Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 866), an Act approved April 13, 1973 (Ga. L. 1973, p. 539), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1165), so as to redefine the terms candidate, peace officer, and law enforcement unit; to define the terms applicant and law enforcement support personnel; to remove the Special Agent In Charge of the Atlanta Division of the Federal Bureau of Investigation from membership on the Georgia Peace Officer Standards and Training Council; to expand the power of the Georgia Peace Officer Standards and Training Council to provide technical assistance to law enforcement units; to define the class of persons subject to the certification provisions of the Act; to provide for exemptions for certain members of the subject class; to provide for the termination of exemptions granted in this Act upon the termination of the exempting service or employment; 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 Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended, particularly by an Act approved April 2, 1972 (Ga. L. 1972, p. 866), an Act approved April 13, 1973 (Ga. L. 1973, p. 539), and by an Act approved April 24, 1975 (Ga. L. 1975, p. 1165), is hereby amended by striking subsection (a) of section 2 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) `Candidate' means a peace officer who, having satisfied preemployment requirements, has commenced employment

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with a law enforcement unit, but who has not satisfied the training requirement provided for in this Act. Candidate defined. Section 2 . Said Act is further 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) For purposes of this Act only, `peace officer' means an agent, operative, or officer of this State, a subdivision or municipality thereof, or a railroad, who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime. Peace officer defined. Peace officer shall also mean an enforcement officer who is employed by the Department of Transportation in its office of Permits and Enforcement and any person employed by the Department of Human Resources who is designated by the commissioner to investigate and apprehend unruly and delinquent children. Sheriffs who hold elective office and law enforcement support personnel are not peace officers within the meaning of this Act, but they may be certified upon voluntarily complying with certification provisions of this Act. Section 3 . Said Act is further amended by striking subsection (e) of section 2 in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) `Law enforcement unit' means any agency, organ, or department of this State, a subdivision or municipality thereof, or a railroad, whose primary functions include the enforcement of criminal or traffic laws, the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Law enforcement unit defined. Law enforcement unit shall also mean the office of Permits and Enforcement of the Department of Transportation and

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the office or section in the Department of Human Resources in which persons are assigned who have been designated by the commissioner to investigate and apprehend unruly and delinquent children. Section 4 . Said Act is further amended by adding a new subsection immediately following subsection (f) of section 2, to be designated subsection (g) of section 2, to read as follows: (g) `Applicant' means a prospective peace officer who has not commenced employment or service with a law enforcement unit. Applicant defined. Section 5 . Said Act is further amended by adding a new subsection immediately following subsection (g) of section 2, to be designated subsection (h) of section 2, to read as follows: (h) `Law enforcement support personnel' are persons other than peace officers, whose primary employment with a law enforcement unit consists of performing functions directly related to the prevention, detection, or investigation of crime. Support personnel defined. Section 6 . Said Act is further amended by striking the words, Special Agent in Charge of the Atlanta Division of the Federal Bureau of Investigation, in subsection (c) of section 3 so that when amended subsection (c) of section 3 shall read as follows: (c) The Superintendent of the Georgia Police Academy and the Director of the Institute of Government of the University of Georgia, or his designee, shall serve on the Council in an advisory capacity only, without voting privileges. Council. Section 7 . Said Act is further amended by adding a new subsection immediately following subsection (k) of section

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6, to be designated subsection (1) of section 6, to read as follows: (1) To provide technical assistance as requested by law enforcement units. Duties. Section 8 . Said Act is further amended by striking section 13 in its entirety and substituting in lieu thereof a new section 13 to read as follows: Section 13. (a) No person required to comply with certification provisions of this Act shall be employed or appointed by any law enforcement unit without certification from the Council that the applicant has met preemployment requirements established herein, nor may employment or appointment pursuant to such certification continue beyond the time established in this Act for satisfactory completion of the Basic Course without certification from the Council that the candidate has satisfactorily completed the Basic Course. Qualification. (b) Peace officers commencing full-time employment with the Department of Public Safety, counties, or municipalities after July 1, 1970, are required to comply with certification provisions of this Act. Peace Officers commencing full-time employment with the Department of Public Safety, counties or municipalities before July 1, 1970, and whose full-time employment continues on July 1, 1970, are exempt and are excused from compliance so long as such full-time employment continues. (c) Peace officers commencing any employment or service on any terms with the Department of Public Safety, counties, or municipalities, or the Georgia Bureau of Investigation, the Department of Natural Resources, the Department of Revenue Alcohol and Tobacco Tax Unit, the Secretary of State's Investigative Section or a railroad after July 1, 1975, are required to comply with certification provisions of this Act. Peace officers commencing such employment or service prior to July 1, 1975, and whose employment continues on July 1, 1975, are exempt and are excused from compliance so long as the exemption continues. Nothing in

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this subsection shall be deemed to grant an exemption to persons required to be certified by subsection (b) of this Section. (d) If, after July 1, 1975, any other employment or service is conditioned on compliance with this Act by amendment thereto, persons so employed or serving shall be required to comply with certification provisions herein established, except that persons so employed or serving, whose employment or service commenced prior to and continues upon the effective date of such amendment, shall be exempt and excused from compliance so long as the exemption continues. Nothing in this subsection shall be deemed to grant an exemption to persons required to be certified by subsections (b) and (c) of this Section. (e) If a peace officer who is exempt from the certification provisions of this Act shall terminate the employment or service by virtue of which said peace officer was exempted, any exemption granted in this section shall terminate. Upon a subsequent employment or appointment as a peace officer with a law enforcement unit, such a peace officer shall be required to comply with the certification provisions of this Act. The Council shall have the authority to recognize instruction received by such a peace officer while exempt as equivalent to all or part of that required for certification under this Act. (f) A peace officer execused from mandatory compliance with this Act by this Section may choose to be certified under this Act. If so, the Council shall have the authority to recognize instruction received by such a peace officer as equivalent to all or part of that required for certification under this Act. Section 9 . Said Act is further amended by providing a new section immediately following section 17, to be designated section 17A to read as follows: Section 17A. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall

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in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 10 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 11 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. BONDS ISSUED BY POLITICAL SUBDIVISIONS, ETC.PROCEEDS INVESTMENT PROVIDED. No. 885 (House Bill No. 1544). An Act to amend an Act entitled An Act to authorize the investment or reinvestment from time to time of the proceeds of bonds issued by any county, municipality, school district or other political subdivision of this State; to define the securities in which such funds may be invested or reinvested; to authorize purchase of such securities at either a premium or a discount; to define the persons who may make such investment or reinvestment; and for other purposes., approved March 27, 1947 (Ga. L. 1947, p. 1173), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 961), so as to authorize the investment of bond proceeds in additional types of investments; 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 entitled An Act to authorize the investment or reinvestment from time to time of the proceeds of bonds issued by any county, municipality, school district or other political subdivision of this State; to define the securities in which such funds may be invested or reinvested; to authorize purchase of such securities at either a premium or a discount; to define the persons who may make such investment or reinvestment; and for other purposes., approved March 27, 1947 (Ga. L. 1947, p. 1173), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 961), 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 proceeds of any bonds issued by any county, municipality, school district or other political subdivision of this State, or any portion thereof, or any Authority or other public body corporate and politic created under the Constitution or laws of this State, may from time to time be invested and reinvested by the governing authorities of such county, municipality, school district, political subdivision, Authority or body in the following securities, and no others: Proceeds. (1) Bonds or obligations of such county, municipality, school district, political subdivision, Authority or body, or the bonds or obligations of the State of Georgia, or of other counties, municipalities and political subdivisions of Georgia; (2) Bonds or other obligations of the United States or of subsidiary corporations of the United States Government fully guaranteed by such government; (3) Obligations of agencies of the United States Government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Central Bank for Cooperatives; (4) Bonds or other obligations issued by any public housing agency or municipality in the United States, which

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such bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States Government, or project notes issued by any public housing agency, urban renewal agency or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan or payment agreement with the United States Government; and (5) Certificates of deposit of national or State banks located within the State of Georgia which have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and State building and loan associations located within the State of Georgia which have deposits insured by the Federal Savings and Loan Insurance Corporation (including the certificates of deposit of any bank, savings and loan association or building and loan association acting as depository, custodian or trustee for any such bond proceeds); provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, if any, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or State bank located within the State of Georgia, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess; direct and general obligations of the State of Georgia, or of any county or municipality in the State of Georgia, obligations of the United States or subsidiary corporations included in paragraph (2) above, obligations of the agencies of the United States Government included in paragraph (3) above, or bonds, obligations or project notes of public housing agencies, urban renewal agencies or municipalities included in paragraph (4) above. 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 5, 1976. MEDICIAL PRACTITIONERSCLINICAL CLERKSHIPS PROVIDED. Code Chapter 84-9 Amended. No. 886 (House Bill No. 1560). An Act to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to provide for the clinical clerkships for certain persons who have studied at foreign medical colleges; to provide that such clerkships shall be in lieu of certain requirements; to require the Medical College of Georgia to develop and offer certain programs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 84-9, relating to medical practitioners, as amended, is hereby amended by adding following the short title of Code section 84-907, relating to the license to practice medicine, the following: (a), and by adding at the end of said Code section, the following: (b) (1) Students who have completed the academic curriculum in residence in a foreign medical school and who: Code 84-907 amended. (A) Have studied medicine at a medical school located outside of the United States, Puerto Rico and Canada, which is recognized by the World Health Organization, and (B) Have completed all of the formal requirements of the

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foreign medical school except internship and/or social service, may substitute for the internship or social service required by a foreign country, an academic year of supervised clinical training (clinical clerkship) prior to entrance into the first year of AMA approved graduate education. The supervised clinical training must be under the direction of a medical school approved by the liaison committee on medical education. Before beginning the supervised clinical training, said students must have their academic records reviewed and approved by the medical schools supervising their clinical training and shall pass the Educational Council for Foreign Medical Graduates (ECFMG) qualifying examination. Said students who are judged by the sponsoring medical schools to have successfully completed the supervised clinical training shall be eligible to enter the first year of AMA approved graduate training program without completing social service or internship obligations required by the foreign country and without obtaining Education Council for Foreign Medical Graduates (ECFMG) certification. (2) The Medical College of Georgia shall develop and offer a clinical training program for the purposes of this section. Such program shall begin no later than the beginning of the first school term after July 1, 1976 but may be discontinued two years after the Medical College of Georgia institutes and makes operational a coordinated transfer system (COTRANS) for the admission with advanced standing of foreign medical students to the Medical College of Georgia. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976.

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REVENUETAXATION OF FRANCHISES PROVIDED, ETC. No. 887 (House Bill No. 1572). An Act to amend an Act entitled An Act to Classify Property for Taxation, approved December 27, 1937 (Ga. L. 1937-38, Ex. Sess., p. 156), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 924), so as to provide for the taxation of franchises and all shares of certain financial institutions and moneyed capital in the hands of individual citizens; to provide for the taxation of banks chartered under the laws of this State and building and loan associations organized under the laws of this State; to provide for exemptions; to specifically provide for the taxation of any person, partnership or corporation licensed to carry on a small loan business; to amend an Act known as the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 379), as amended, particularly by an Act approved April 3, 1973 (Ga. L. 1973, p. 271), so as to provide that the State Revenue Commissioner will render publicly and in writing his determination whether the recording tax on notes secured by real estate instruments is payable with respect to a particularly described real estate instrument or class of real estate instruments or modifications of such instruments; to provide that such determination may be in the form of administrative regulations if applicable to a class of real estate instruments; to amend Code section 92-2402, relating to annual reports of domestic corporations, as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 924), so as to provide for the taxation of banks and banking associations, federal savings and loan associations and building and loan associations; to amend Code section 92-2406, relating to taxation of banks and banking associations, so as to provide that no tax shall be assessed, imposed or levied with respect to tangible personal property held or owned by such financial institutions; to amend Code section 92-2406.1, relating to taxation of State building and loan associations and federal savings and loan associations, so as to provide that no tax shall be assessed, imposed or levied with respect to

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tangible personal property held or owned by such financial institutions; to amend Code section 92-3105, relating to corporations and organizations exempt from income tax, as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 924), so as to provide that certain financial institutions shall not be subject to income tax; 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 entitled An Act to Classify Property for Taxation, approved December 27, 1937 (Ga. L. 1937-38, Ex. Sess., p. 156), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 924), is hereby amended by adding a new paragraph at the end of section 2 to read as follows: Franchises and all shares of bank or banking associations, including Federal Land Banks, together with all moneyed capital in the hands of individual citizens of Georgia coming into competition with the business of National Banks are hereby classified to be taxed as provided by law and shall not be subject to the provisions of the following sections of this Act. Franchises. Section 2 . Said Act is further amended by adding a new subsection (d) at the end of section 3 to read as follows: (d) Notwithstanding any provision of this law to the contrary, all moneyed capital in the hands of individual citizens of Georgia coming into competition with the business of national banks shall be subject to tax at the same rate which is applicable to said national banks. Moneyed capital. Section 3 . Said Act is further amended by striking the following proviso in section 7: provided that, this exemption shall in no event be construed to modify, amend, or repeal the provisions of the property tax (including the franchise tax as applied to utility

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corporations) on property owned by a corporation organized under the laws of Georgia or the capital stock (license) tax applying to corporations organized under the laws of Georgia., in its entirety and inserting in lieu thereof a new proviso in section 7 to read as follows: Provided, this exemption shall in no event be construed to apply to shares of banks or banking associations (or moneyed capital in the hands of individual citizens of Georgia in competition with national banks), nor shall it be deemed to modify, amend, or repeal the provisions of the property tax (including the franchise tax as applied to utility corporations) on property owned by a corporation organized under the laws of Georgia or the capital stock (license) tax applying to corporations organized under the laws of Georgia. Exemption. Section 4 . Said Act is further amended by adding a new section 14 to read as follows: Section 14. Notwithstanding any other provisions of this Act, banks chartered under the laws of this State and building and loan associations organized under the laws of this State, which accept funds for deposit and submit to examination by the Commissioner of Banking and Finance of this State, and banks and savings and loan associations chartered under the laws of the United States, shall be taxed as provided by law. Neither such banks nor such building and loan associations nor their assets shall be subject to the provisions of this Act. Provided, however, that nothing contained in this section shall be construed to exempt from the provisions of this Act any person, partnership, or corporation licensed to carry on a small loan business under the provisions of Code Chapter 25-3, as now or hereafter amended. Bank, etc., taxation. Section 5 . An Act known as the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 379), as amended, particularly by an Act approved April 3, 1973 (Ga. L. 1973, p. 271), is hereby amended by striking section 11A in its entirety and inserting in lieu thereof a new section 11A, to read as follows:

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Section 11A. The State Revenue Commissioner, upon his own motion or upon the written request of one or more holders of notes secured by real estate instruments, will render publicly and in writing his determination whether the recording tax provided in this Act is payable with respect to a particularly described real estate instrument or class of real estate instruments or modifications of such instruments. Such determination may be in the form of administrative regulations if applicable to a class of real estate instruments. A copy of all such determinations shall be retained in the files of the State Revenue Department as a permanent and public record. Nonpayment of the tax provided for herein with respect to a real estate instrument filed for record, in reliance upon a determination rendered by the State Revenue Commissioner pursuant to this section, shall not preclude such instrument from constituting legal notice as provided in section 4 of this Act or constitute a bar to the collection of the indebtedness as provided in section 11 of this Act. Recording tax. Section 6 . Code section 92-2402, relating to annual reports of domestic corporations, as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 924), is hereby amended by adding a new subsection (p) to read as follows: (p) Banks and banking associations, federal savings and loan associations and building and loan associations shall be taxed as provided by law and shall not be subject to the tax imposed under this section. Code 92-2402 amended. Section 7 . Code section 92-2406, relating to taxation of banks and banking associations, is hereby amended by adding a new paragraph at the end thereof, to read as follows: No tax shall be assessed, imposed or levied with respect to tangible personal property owned by any bank or banking association organized under the laws of this State or the United States. Code 92-2406 amended. Section 8 . Code section 92-2406.1, relating to taxation of State building and loan associations and Federal savings and

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loan associations, is hereby amended by adding a new paragraph at the end thereof, to read as follows: No tax shall be assessed, imposed or levied with respect to tangible personal property owned by any building and loan association or savings and loan association organized under the laws of this State or the United States. Code 92-2406.1 amended. Section 9 . Code section 92-3105, relating to corporations and organizations exempt from income tax, as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 924), is hereby amended by adding two new subsections to be designated subsections (n) and (o) to read as follows: (n) Building and loan associations and cooperative banks without capital stock, organized and operated for mutual purposes and without profit. Code 92-3105 amended. (o) Banks and trust companies, including savings banks incorporated under the banking laws of this State or of the United States, doing a general banking business. Section 10 . 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 and after January 1, 1976. Effective date. Section 11 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. INTOXICATING BEVERAGESALLOWING SALE BY MINORS PROHIBITED. No. 889 (House Bill No. 1639). An Act to provide that it shall be unlawful for any person to allow or require any person in his employment under 18

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years of age to dispense, serve, sell or take orders for any alcoholic beverage; to provide exceptions; to provide a penalty; to repeal an Act relating to the employment of persons under 18 years of age in certain places where alcoholic beverages are sold, approved March 25, 1958 (Ga. L. 1958, p. 640), as amended by an Act approved March 7, 1966 (Ga. L. 1966, p. 237), and an Act approved March 21, 1974 (Ga. L. 1974, p. 460); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It shall be unlawful for any person to allow or require a person in his employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverage; provided, however, that the provisions of this section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores or drug stores from selling or handling alcoholic beverages which are sold for consumption off the premises. Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Penalized. Section 2 . An Act, relating to the employment of persons under 18 years of age in certain places where alcoholic beverages are sold, approved March 25, 1958 (Ga. L. 1958, p. 640), as amended by an Act approved March 7, 1966 (Ga. L. 1966, p. 237), and an Act approved March 21, 1974 (Ga. L. 1974, p. 460), is hereby repealed in its entirety. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976.

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GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDROCK EAGLE 4-H CENTERCERTAIN EXEMPTION PROVIDED. No. 890 (House Bill No. 1656). An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, so as to exempt sales, fees and charges for services by the Rock Eagle 4-H Center; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by adding at the end of section 3(c) (2) a new paragraph, to be designated paragraph (z), to read as follows: (z) Sales of tangible personal property and fees and charges for services by the Rock Eagle 4-H Center. Exemptions. Section 2 . This Act shall becomes 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 5, 1976. INSURANCE COMMISSIONERORDER PROHIBITING CERTAIN ACTS AUTHORIZED, ETC. Code 56-214 Amended. No. 891 (House Bill No. 1659). An Act to amend Code section 56-214 (Ga. L. 1960, pp. 289, 303, as amended, particularly as amended by Ga. L. 1975,

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p. 1245), relating to enforcement by the Insurance Commissioner of the provisions of Code Title 56, the Georgia Insurance Code, so as to make clear, and provide for, authority for the Commissioner to issue orders, which prohibit persons from engaging in acts made unlawful by the Georgia Insurance Code or regulations promulgated thereunder; to authorize emergency orders; to authorize orders without hearing unless a hearing is requested; to make clear and provide power in any superior court, on application or complaint by the Commissioner, to issue injunctions prohibiting persons from engaging in acts prohibited by the Commissioner's orders, the Georgia Insurance Code, or rules and regulations promulgated thereunder; to authorize the Commissioner to impose administrative penalties for violation of his order; to provide for other matters in connection with the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 56-214 (Ga. L. 1960, pp. 289, 303, as amended, particularly as amended by Ga. L. 1975, p. 1245), relating to the enforcement by the Insurance Commissioner of the provisions of the Georgia Insurance Code, Code Title 56, is hereby amended by striking said section and substituting the following: (1) Whenever it may appear to the Commissioner, either upon investigation or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act, practice or transaction, which is prohibited by this Title or by any rule, regulation or order of the Commissioner promulgated or issued pursuant to this Title, or which is declared to be unlawful under this Title, the Commissioner may, at his discretion, issue an order, if he deems it to be appropriate in the public interest or for the protection of policyholders or the citizens of this State, prohibiting such person from continuing such act, practice or transaction. Code 56-214 amended. (2) Notwithstanding any other provision of this Title,

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in situations where persons otherwise would be entitled to a hearing prior to an order, the Commissioner may issue a proposed order to be effective upon a later date without hearing, unless persons subject to the order request a hearing within 10 days after receipt of the order. Failure to make the request shall constitute a waiver of any provision of law for the hearing. The order shall contain or shall be accompanied by a notice of opportunity for hearing, which clearly explains that the opportunity must be requested within 10 days of receipt of the order and notice. The order and notice shall be served in person by the Commissioner or his agent or by registered mail, return receipt requested. (3) Notwithstanding any other provision of this Title, in situations where persons otherwise would be entitled to a hearing prior to an order, the Commissioner may issue an order to be effective immediately if the Commissioner has reasonable cause to believe (a) that an act, practice or transaction is occurring or is about to occur; (b) that the situation constitutes a situation of imminent peril to the public health, safety or welfare, and (c) that the situation therefore imperatively requires emergency action. The emergency order shall contain findings to this effect and reasons for the determination. The order shall contain or be accompanied by a notice of opportunity for hearing, which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within 10 days of receipt of the order and notice. The order and notice shall be served by delivery by the Commissioner or his agent or by registered mail, return receipt requested. (4) The Commissioner may institute suits or other legal proceedings as may be required for the enforcement of any provisions of this Title. If the Commissioner has reason to believe that any person has violated any provision of this Title for which criminal prosecution is provided, he shall so inform the solicitor general or solicitor in whose circuit or jurisdiction such violation may have occurred. (5) The Commissioner may prosecute an action in any

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superior court of proper venue to enforce any order made by him pursuant to the provisions of this Title. (6) In cases in which the Commissioner institutes a suit or other legal proceeding in a superior court of this State, or prosecutes an action in a superior court to enforce his order, the superior court may, among other appropriate relief, issue an injunction restraining persons and those in active concert with them, including agents, employees, partners, officers, and directors, from engaging in acts prohibited by orders of the Commissioner or his rules or regulations, or made unlawful or prohibited by the Georgia Insurance Code. (7) 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 or orders of the Commissioner and may subject such insurer, agent, broker, counselor, solicitor or adjuster to a monetary penalty of up to $1,000 for each and every act in violation of this Title or of the rules, regulations or order 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 of the rules and regulations or orders of the Commissioner, in which case the monetary penalty provided for herein may be increased to an amount up to $5,000 for each and every act or violation. Section 2 . Nothing contained herein is intended to limit or repeal any power or authority elsewhere granted the Commissioner or the superior courts in the enforcement of the Georgia Insurance Code. Nor shall any grant of authority or power contained herein be read to imply that such grant of authority or power was not conferred by pre-existing law. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT AMENDEDPREMIUM FOR LOAN INSURANCE CHANGED. No. 893 (House Bill No. 1783). An Act to amend an Act establishing the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended, so as to change the amount of premium that may be charged for insurance on loans guaranteed; to change provisions relative to taxation of the property, income, obligations and activities of the Corporation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended, is hereby amended by striking from the first sentence of paragraph (12) of section 5 the words: one-half of one percentum, and inserting in lieu thereof the words: one percent, so that the first sentence of paragraph (12) of section 5, when so amended, shall read as follows: (12) The Board, pursuant to regulations, shall have authority to charge the lender for insurance on each loan, a

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premium in an amount not to exceed one percent per year on the unpaid principal amount of such loan or loans outstanding (excluding interest or other charges added to principal), which sum shall be payable to the Corporation at such time and in such manner as may be prescribed by the Board. Premium. Section 2 . 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. The property, income, obligations and activities of the Corporation, income received by holders of loans guaranteed by the Corporation, and one-half the principal value of such loans for the purpose of determining the value of shares or the net worth of the holders of such loans, shall be free from any type of taxation imposed by the State or by any political subdivision of the State. Exemption. 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 5, 1976. GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDEDCERTAIN SPECIAL-PURPOSE AIRCRAFT PROVIDED. Code Title 95A Amended. No. 894 (House Bill No. 1841). An Act to amend Code Title 95A, the Georgia Code of Public Transportation, as amended, so as to provide for the acquisition, operation and maintenance of special-purpose aircraft by the Georgia Forestry Commission, Department

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of Natural Resources and the Department of Public Safety; to provide that the Department of Transportation shall be authorized to dispose of any State aircraft and apply the proceeds derived therefrom to the purchase of replacement aircraft when the Director of the Budget shall authorize such actions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 95A, the Georgia Code of Public Transportation, as amended, is hereby amended by adding a new paragraph, following paragraph (4) of Code section 95A-302(p), to be designated paragraph (5), to read as follows: (5) Anything in this Act to the contrary notwithstanding, the Georgia Forestry Commission, Department of Natural Resources and Department of Public Safety may, with the approval of the Commissioner of the Department of Transportation, expend State funds to purchase, lease, rent, charter, maintain or repair special-purpose aircraft necessary to conduct the particular business of said agencies and may employ persons whose official duties consist of piloting said aircraft. Code 95A-302 amended. Section 2 . Code Title 95A, the Georgia Code of Public Transportation, as amended, is hereby amended by adding a new sentence at the end of paragraph (1) of Code section 95A-302 (p) to read as follows: The Department of Transportation shall be authorized to dispose of any State aircraft and apply the proceeds derived therefrom to the purchase of replacement aircraft when the Director of the Budget shall authorize such actions, notwithstanding any other provisions of law to the contrary. Code 95A-302 amended. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. PUBLIC SERVICE COMMISSIONVENUE PROVIDED. Code 93-211 Amended. No. 899 (Senate Bill No. 414). An Act to amend Code Section 93-211, relating to the domicile of the Public Service Commission and the venue of suits or proceedings brought against the Commission, so as to provide for the venue of certain suits brought against business entities regulated by the Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 93-211, relating to the domicile of the Public Service Commission and the venue of suits or proceedings brought against the Commission, is hereby amended by inserting at the end of the first sentence thereof the following: , except that nothing contained herein shall prevent the courts of the county in which is located the principal office of a business entity regulated by the Commission from having or taking jurisdiction in any suit or proceeding brought or instituted against that business entity as a result of any such Commission order or rule, so that when so amended, said Code section shall read as follows: 93-211. Domicile and Office of Commission . The domicile of the Public Service Commission is hereby fixed

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at the Capitol, and no court of this State, other than those of Fulton County, shall have or take jurisdiction in any suit or proceeding brought or instituted against said Commission or on account of any of its orders or rules, except that nothing contained herein shall prevent the courts of the county in which is located the principal office of a business entity regulated by the Commission from having or taking jurisdiction in any suit or proceeding brought or instituted against that business entity as a result of any such Commission order or rule. The Commission shall be furnished with necessary furniture and stationery and an office to be kept at Atlanta. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. PUBLIC SERVICE COMMISSIONPROCEDURE FOR ACTION BY COMMISSION ESTABLISHED. Code 93-307.1 Amended. No. 900 (Senate Bill No. 415). An Act to amend Code section 93-307.1, relating to certain actions by the Public Service Commission, so as to provide that each action taken by the Commission on any matter before it shall be reduced to writing and shall be signed by the Chairman and Secretary of the Commission; to provide that all such actions and orders shall be effective on the date such actions are reduced to writing and signed; to provide that no action of the Commission may be given retroactive effect; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 93-307.1, relating to certain actions by the Public Service Commission, is hereby amended

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by adding at the end thereof a new subsection (d) to read as follows: (d) Any action taken by the Commission under the provisions of this section shall be reduced to writing by the Commission and signed by the Chairman and Secretary thereof. All such actions and orders shall be effective from the date such actions are reduced to writing and are signed as herein provided. No such action or order of the Commission may be given retroactive effect. A full and complete record shall be kept of the votes taken in connection with any such action, said record to be spread upon the official minutes of the Commission. Code 93-307.1 amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. REVENUE SHORTFALL RESERVE CREATED. No. 901 (Senate Bill No. 466). An Act to provide that a percentage of net revenue collections each fiscal year shall be reserved from State surplus at the end of each fiscal year for the purpose of creating the Revenue Shortfall Reserve in lieu of the Working Reserve; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The State Auditor shall reserve from State surplus as of June 30 of each fiscal year an amount equal to three percent of the net revenue collections of such fiscal year to the extent that such surplus is available therefor. This reserve shall be entitled the Revenue Shortfall

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Reserve, and shall be in lieu of the Working Reserve for High and Low Income Periods. Reserve. Section 2 . The effective date of this Act shall be July 1, 1976. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. REVENUETAX LIMITATION PROVISION ON CITIESTOWN OF LYERLY EXEMPTED. Code 92-4101 Amended. No. 905 (House Bill No. 1457). An Act to amend Code section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the Town of Lyerly as one of the cities and towns to which the prohibition of said Code section does not apply; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-4101, relating to limitation on cities' right of taxation, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows: Lyerly., so that when so amended Code section 92-4101 shall read as follows: 92-4101. Tax over one-half of one per cent. prohibited .No municipal corporation shall levy or collect for the ordinary

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current expenses of said corporation, except as hereinafter provided, any ad valorem tax upon the property within said corporation, exceeding one-half of one per cent. upon the value of said property, any charter of said corporation to the contrary notwithstanding: Provided, that the provisions of sections 92-4101 to 92-4104 shall not apply to the city of Savannah. Provided, further, that the provisions of sections 92-4101 through 92-4104 shall also not apply to any of the following cities and towns: Augusta. Bartow. Millen. Patterson. Blackshear. Warrenton. Cedartown. Bowdon. Atlanta. Albany. East Point. Douglas. Blue Ridge. Flowery Branch. Concord. Athens. Warwick. Springfield. Pooler. Brunswick. Rossville. Pelham. Thomaston. Toccoa. Auburn. Lyerly. 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 1976 session of the General Assembly of Georgia a bill for the purpose of including the Town of Lyerly within a list of cities and towns exempt from the prohibition

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contained in Code Section 92-4101 on the levy by a municipality of a tax over one-half of one per cent; and for other purposes. This 16th day of December, 1975. John Crawford, Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crawford who, on oath, deposes and says that he is Representative from the 5th 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: December 18, 25, 1975 and January 1, 1976. /s/ John Crawford, Representative, 5th District Sworn to and subscribed before me, this 6th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 5, 1976. SHERIFFSORDERLY TRANSITION OF POWER TO NEW SHERIFFS PROVIDED, ETC. No. 910 (House Bill No. 1601). An Act to provide for the orderly transition of the law enforcement power of the several counties of this State

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upon the expiration of the term of office of the Sheriff and the taking of office of a newly elected Sheriff; to provide for the purpose and intent of this law as declared by the General Assembly of Georgia; to provide for a comprehensive training course for the Sheriffs of the several counties of this State who are newly elected; to provide compensation for Sheriffs who enroll in and complete such comprehensive training course; to repeal conflicting law; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The General Assembly declares it to be the purpose of this Act to promote the orderly transfer of the law enforcement power of the several counties of this State in connection with the expiration of the term of office of the Sheriff and the taking of office of the newly elected Sheriff. The interest of the State of Georgia requires that such transitions in office of the Sheriff be accomplished so as to assure continuity in the conduct of the peace keeping functions of the several counties of this State. Any disruption occasioned by the transfer of the law enforcement power to a person not properly versed and trained in law enforcement is declared to be detrimental to the safety and well-being of the citizens of the several counties of this State and of the State of Georgia. Accordingly, it is the intent of the General Assembly that appropriate training be provided for Sheriffs who are newly elected so as to avoid or minimize any disruption in the performance of the duties and responsibilities or the authority of the Sheriff of the several counties of this State. This training shall be generally devoted to contemporary law enforcement, investigation, judicial process and correction practices, and specifically shall be germane to the duties and operational functions of the office of Sheriff in the several counties of this State. Purpose. Section 2 . (a) Any person elected to the office of Sheriff in a county of this State who is not currently serving in the office of Sheriff may, at his discretion, enroll in, attend and complete a course of basic training and instruction for

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Sheriffs as the same shall be established and provided by the Georgia Sheriffs' Association with the assistance of the Georgia Peace Officer Standards and Training Council. Such course of instruction shall be held every four years at a time to be designated by the Georgia Sheriffs' Association but prior to January 1 when such newly elected Sheriffs take office. Training. (b) A newly elected Sheriff who enrolls in and attends such course of training and instruction shall be paid compensation for his attendance upon his satisfactory completion of the course. Such compensation shall be paid by the governing body of each county whose newly elected Sheriff shall attend such courses of training and instruction from funds appropriated by the State to the Georgia Peace Officer Standards and Training Council and paid by the Council to the governing body of the county or from federal funds available for such purpose. Such compensation shall be in an amount equal to a proportionate part of the annual salary to be received by such newly elected Sheriff in performing the duties of his office for each week spent attendance at the course of training and instruction. For the purposes of this law five days of training and instruction shall be considered one week. (c) The cost of training, housing, travel and meals appropriate to such course of training and instruction shall be paid from State funds appropriated for such purpose or from Federal funds available to the State Crime Commission, the Georgia Peace Officer Standards and Training Council of Georgia, or the Police Academy as may be made available to those agencies. Section 3 . All laws and parts of law in conflict with this Act are hereby repealed. Approved March 5, 1976.

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SUPERIOR COURT CLERKSMAILING FEES PROVIDED.(22,325-22,330) Code 24-2727 Amended. No. 916 (House Bill No. 1635). An Act to amend Code section 24-2727, relating to fees of the clerks of the superior courts, as amended, so as to provide for the charging and collecting of mailing fees by the clerks of the superior courts in all counties of this State having a population of not less than 22,325 and not more than 22,330 according to the United States Decennial Census of 1970 or any future such census; 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 24-2727, relating to fees of the clerks of the superior courts, as amended, is hereby amended by adding at the end thereof the following: In all counties of this State having a population of not less than 22,325 and not more than 22,330 according to the United States Decennial Census of 1970, or any future such census, in addition to the fees specified by Code section 24-2727, the clerks of the superior courts of such counties shall be authorized to charge and collect a mailing fee of twenty-five cents (25) for the mailing of any records, books, papers, or other documents when said mailing is required in the performance of his official duties; 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. Code 24-2727 amended. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date.

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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. CONVEYANCE OF LAND TO CATOOSA COUNTY AUTHORIZED. No. 101 (House Resolution No. 665-1762). A Resolution. Authorizing the conveyance of certain real property located in Catoosa County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Catoosa County, Georgia, which is currently under the control and jurisdiction of the State Properties Commission; and Whereas, said property is now a part of that certain real property located in Catoosa County, Georgia, which has been heretofore leased to the Louisville and Nashville Railroad Company; and Whereas, the Commissioner of the County of Catoosa has requested that said real property be conveyed from the State of Georgia to the County of Catoosa for the purpose of the erection of a civic center, park and playgrounds; and Whereas, the Ringgold Jaycees, Inc., a nonprofit civic organization duly incorporated under the laws of the State of Georgia, has agreed to build said civic center, park and playgrounds on said property at no cost to the State of Georgia or the County of Catoosa; and Whereas, said real property is all of a tract or parcel of land lying and being in the County of Catoosa, State of Georgia, and more particularly described as follows:

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All that tract or parcel of land lying and being in land Lot No. 170 in the 28th District and 3rd Section of Catoosa County, Georgia, and being known as Tract No. 5 of the Western and Atlantic Railroad Valuation Map No. V2/55, a copy of which is recorded in the Archives Building of the State of Georgia, and also recorded in Plat Book 10, page 8, in the Office of the Clerk of the Superior Court of Catoosa County, Georgia, which said tract is more particularly described as being located in Land Lot No. 170 in the 28th District and 3rd Section of Catoosa County, Georgia, within the corporate limits of the City of Ringgold, Georgia, and BEGINNING at a point in the Eastern right of way line of the Western and Atlantic Railroad Property, said beginning point being a distance of 223 feet northwardly along said right of way line from where the same is intersected by the south line of said lot; thence in an eastwardly direction, a distance of 333.45 feet, more or less, to an iron rail; thence in a northwardly direction, a distance of 794.4 feet, more or less, to an iron rail; thence in a westwardly direction, a distance of 283.45 feet, more or less, to a point in the east right of way line of the aforesaid railroad property; thence in a southwardly direction, with and along said right of way line, a distance of 802 feet, more or less, to the point of beginning. Said tract containing 5.65 acres, more or less. There is excepted from the above described property all of that portion of same which lies within the rights of way of public roads surrounding said property. Excepting also from the above described property that portion, if any, of Tract No. 5 which lies within the right of way of the Western and Atlantic Railroad leased to the Louisville and Nashville Railroad, said right of way being shown on said Valuation Map V2/55.; 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

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Whereas, the County of Catoosa is desirous of obtaining said tract of land for the purposes aforesaid. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting as Chairman of the State Properties Commission, for and on behalf of the State of Georgia, is hereby authorized to convey the above described tract or parcel of land subject to the following conditions: (1) that said tract or parcel of land shall be conveyed to the County of Catoosa; and (2) that the conveyance of said tract of land shall be used for the purposes of a civic center, playgrounds and public use area, with the provision in the conveyance that said property shall revert to the State of Georgia when no longer used for such purposes; and (3) that the conveyance of said tract of land shall be approved by the State Properties Commission; and (4) that the said conveyance shall be for a consideration of $10.00. Approved March 5, 1976. LAND EASEMENT TO UNION CAMP CORPORATION AUTHORIZED. No. 102 (House Resolution No. 751-1933). A Resolution. Authorizing the Governor for and on behalf of the State of Georgia to grant and convey to Union Camp Corporation, a Virginia corporation, domesticated in Georgia, its successors and assigns, easements for the construction, operating, laying, maintaining, repairing, removing and

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replacing a platform and necessary appurtenances thereto to erect, operate, maintain, repair, remove, replace and support air pollution control and other equipment and machinery in, on, over, across or under certain State-owned or claimed property situate in the Savannah River, Chatham County, Georgia; and for other purposes. Whereas, Union Camp Corporation is currently undertaking the construction of an air pollution control project at and near the Savannah Mill Site of Union Camp Corporation in Chatham County, Georgia, consisting of, among other things, dry scrubbers to be installed for existing power boilers; and Whereas, it is necessary to construct a platform with pilings resting in the bottom of the Savannah River in order to support such equipment and machinery; and Whereas, on October 17, 1975, the Department of Natural Resources of the State of Georgia granted to Union Camp Corporation a revocable license to use certain riverbottom property for the purposes specified in the preamble hereof; and Whereas, the nature of the project requires that the General Assembly of Georgia authorize a more enduring term for such property interests; and Whereas, pollution control revenue bond financing, should the project be financed through the Savannah Port Authority under an agreement between the Savannah Port Authority and Union Camp Corporation, will require conveyance of the easement to Savannah Port Authority; and Whereas, the acquisition of such easements is essential to said air pollution control project; and Whereas, the grant of such easements will be of definite benefit to the public welfare. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, for and on behalf of the

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State of Georgia, is hereby authorized and empowered to grant and convey to Union Camp Corporation, a Virginia corporation, domesticated in Georgia, with an office and place of business in Chatham County, Georgia, its successors and assigns, for and in consideration of the premises and the sum of two hundred fifty ($250.00) dollars, easements with the right and privilege to use, occupy, employ and enjoy for the purposes of construction, laying, operating, maintaining, repairing, removing and replacing a platform and necessary appurtenances thereto to erect, operate, maintain, repair, remove, replace and support air pollution control and other equipment and machinery in, on, over, across or under certain Savannah River and stream-bottom property, to wit: All that portion of river-bottom land situate, lying and being in the Savannah River, Chatham County, Georgia, being a rectangular area lying on the Southwest side of said river contiguous to Union Camp Corporation's mainland properties in said County, and being described as follows: Beginning at a point on the line dividing the Savannah River and lands of Union Camp Corporation steel sheetpile bulkhead) at River Mile 16.739, more or less, which point is also 999 feet more or less Southeast of the centerline of the Union Camp Corporation 310-foot-diameter Primary Clarifier, running thence South 48 16[UNK] East for a distance of 130 feet along said dividing line and bulkhead to a point; running thence North 41 44[UNK] East for a distance of 31 feet to a point; running thence North 48 16[UNK] West for a distance of 130 feet to a point; and running thence South 41 44[UNK] West for a distance of 31 feet to the Point of Beginning; containing 0.09 acres, more or less, and being more particularly shown upon Drawing No. 1659-32-721-0502, Rev. O, dated January 21, 1976, prepared by Chas. T. Main, Inc., Consulting Engineers, Boston, Massachusetts. Said River Mile Stations are those of the U. S. Army Corps of Engineers measured from 0-0 Mile Station at Fort Pulaski at the mouth of the Savannah River. Be it further resolved that upon ascertaining that the sum of two hundred fifty ($250.00) dollars has been paid

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into the State Treasury as set forth in this Resolution, the Governor, acting for and on behalf of the State of Georgia, be and he is further authorized and empowered to execute and deliver said easements and other written instruments that may be necessary for the said purposes and said easements shall be in such form as may be necessary to carry out the provisions of this Resolution and originate record chain of title to the easements herein authorized. Be it further resolved that these easements being made only for the purposes aforesaid shall continue only so long as Union Camp Corporation, its successors or assigns, continue to maintain and operate said facilities and should said facilities be abandoned or the use thereof discontinued, these easements shall terminate. Approved March 5, 1976. CONVEYANCE OF LAND AND CERTAIN PERSONAL PROPERTY TO MACON COUNTY RECREATION COMMISSION AUTHORIZED. No. 103 (House Resolution No. 807-2034). A Resolution. Authorizing the conveyance of certain State-owned real property located within Macon County to the Macon County Recreation Commission; authorizing the sale and transfer of certain State-owned surplus personal property to the Macon County Recreation Commission; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Macon County, Georgia, and commonly known as Whitewater Creek State Park; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately

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504.43 acres, more or less, and is more particularly described as follows: That certain tract or parcel of land known as the White Creek State Park property, located in Land Lots 41, 42, 48, 49, 50 and 57, First District of Macon County, Georgia, and being the same lands as described in the following deeds of conveyance. 1. Christine M. Riddle to the State of Georgia by indenture dated February 28, 1969, recorded in Deed Book 4-0, page 357, containing 22.73 acres, more or less, as more fully shown on plat of survey by J. R. Curtis dated January 30, 1969, recorded in Plat Book 5, page 76. 2. Carl Rodgers to the State of Georgia by indenture dated March 12, 1969, recorded in Deed Book 4-0, page 403, containing 30.98 acres, more or less, as more fully shown on plat of survey by J. R. Curtis dated January 30, 1969, recorded in Plat Book 5, page 78. 3. Macon County to the State of Georgia by indenture dated December 23, 1968, recorded in Deed Book 4-0, page 140, containing 270.10 acres, more or less. 4. W. H. Martin, Jr. to the State of Georgia by indenture dated November 26, 1968, recorded in Deed Book 4-0, page 69, containing 63.66 acres, more or less, as more fully shown on plat of survey by J. R. Curtis dated June 29, 1968, recorded in Plat Book 5, page 65. 5. Julia Ann Hunt to the State of Georgia by indenture dated November 26, 1968, recorded in Deed Book 4-0, page 65, containing 39.19 acres, more or less, as more fully shown on plat of survey by J. R. Curtis, dated June 29, 1968, recorded in Plat Book 5, page 64. Possibly excepted therefrom is one acre tract previously conveyed out by R. B. Hunt in Land Lot 49, see Deed Book 3-M, page 235. 6. Mrs. Willie Maude Nelson to the State of Georgia by indenture dated December 31, 1969, recorded in Deed Book 4-P, page 478, containing 77.77 acres, more or less,

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as more fully shown on plat of survey by J. R. Curtis dated June 26, 1969, recorded in Plat Book 5, page 98. All deeds and plats referred to are filed in the Macon County registry. The above described six tracts of land form one contiguous body, and contain in all, 504.43 acres, more or less.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of Whitewater Creek State Park, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the Macon County Recreation Commission is desirous of obtaining all of said real property and certain of the personal property located thereon for park, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the Macon County Recreation Commission for a consideration to be mutually agreed upon by the State Department of Natural Resources and the Macon County Recreation Commission; and (2) that the conveyance of said real property shall be

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upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (3) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to the Macon County Recreation Commission, that certain personal property used in the operation and maintenance of Whitewater Creek State Park, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations: (1) that said personal property shall be sold and transferred to the Macon County Recreation Commission for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances; (2) that said personal property shall be transferred to the Macon County Recreation Commission subject to the conditions that (a) such property shall not be resold by the Macon County Recreation Commission within one year after such transfer without the written consent of the State Department of Administrative Services, and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved March 5, 1976.

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MUNICIPALITIESCERTAIN GRANT FILING TIME EXTENDED. No. 936 (Senate Bill No. 527). An Act to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic, approved March 31, 1965 (Ga. L. 1965, p. 458), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 524), so as to provide that eligible municipalities which failed to file or which filed after the cutoff date the required certification for funds in Fiscal Year 1976 may file or refile a late certificate and qualify for Fiscal Year 1976 funds; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic, approved March 31, 1965 (Ga. L. 1965, p. 458), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 524), is hereby amended by adding a new paragraph at the end of section 5, to read as follows: Notwithstanding any other provisions of this Act to the contrary, any eligible municipality which failed to file the required certification for Fiscal Year 1976 funds or which filed the required certification after the June 1 cutoff date may file or refile a certificate for Fiscal Year 1976 funds on or before April 1, 1976, and regain eligibility for Fiscal year 1976 funds. It shall be the duty of the Director of the Fiscal Division of the Department of Administrative Services to include any municipality filing a late certification in the formula for determining the amount of the grants as provided

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in section 2 of this Act and to disburse funds as though a timely certificate had been filed by such municipality. Time. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1976. MUNICIPALITIESCERTAIN GRANT FILING TIME EXTENDED. No. 937 (Senate Bill No. 528). An Act to amend 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), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1006), so as to provide that eligible municipalities which fail to file or which file after the cutoff date the required certification for funds in Fiscal Year 1976 may file or refile a late certificate and qualify for Fiscal Year 1976 funds; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act 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), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1006), is hereby amended by adding a new paragraph at the end of section 5, to read as follows:

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Notwithstanding any other provisions of this Act to the contrary, any eligible municipality which failed to file the required certification for Fiscal Year 1976 funds or which filed the required certification after the June 1 cutoff date may file or refile a certificate for Fiscal Year 1976 funds on or before April 1, 1976, and regain eligibility for Fiscal Year 1976 funds. It shall be the duty of the Director of the Fiscal Division of the Department of Administrative Services to include any municipality filing a late certification in the formula for determining the amount of the grants as provided in section 2 of this Act and to disburse funds as though a timely certificate had been filed by such municipality. Time. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1976. JURIESPROVISION MADE FOR JURY LISTS IN COUNTIES UTILIZING MECHANICAL JURY SELECTION, ETC. Code Title 59 Amended. No. 939 (House Bill No. 1515). An Act to amend Code Title 59, relating to juries, as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 284), an Act approved April 10, 1971 (Ga. L. 1971, p. 626), an Act approved April 13, 1973 (Ga. L. 1973, p. 484), an Act approved April 13, 1973 (Ga. L. 1973, p. 726), an Act approved April 18, 1975 (Ga. L. 1975, p. 809), and an Act approved April 18, 1975 (Ga. L. 1975, p. 825), so as to provide for the creation and revision of jury lists in counties utilizing mechanical or

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electronic means for the selection of jurors; to provide in such counties for permanent jury boxes and their replacement if lost or damaged; to provide that the jury list shall be completely scanned each time a panel of jurors is drawn in such counties; to make inapplicable in such counties subsections (b), (c) and (d) of Code section 59-108; to provide authorization to counties utilizing mechanical or electronic means for the selection of jurors to contract with other counties in the circuit for the selection of jurors in those counties by the same method; to provide in such counties for book lists and their replacement if lost or damaged; to provide in such counties for the replacement of precepts if lost or destroyed before service; to provide for fining delinquent jurors and for the collection of such fines; to provide that those citizens convicted of a felony are unqualified to serve as grand jurors so long as they are unpardoned or in the alternative have not had their civil rights restored; to provide that Code section 59-203 is inapplicable in those counties utilizing mechanical or electronic means for the selection of jurors; to provide that in such counties the grand jurors shall be drawn in the same manner as traverse jurors; to provide that the sheriff in such counties may authorize the clerk to mail out all summons; to provide that failure to receive summons by mail shall be a defense to a fine for a delinquent juror; 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 59, relating to juries, as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 284) an Act approved April 10, 1971 (Ga. L. 1971, p. 626), an Act approved April 13, 1973 (Ga. L. 1973, p. 484), an Act approved April 13, 1973 (Ga. L. 1973, p. 726), an Act approved April 18, 1975 (Ga. L. 1975, p. 809), and an Act approved April 18, 1975 (Ga. L. 1975, p. 825), is hereby amended by adding at the end of Code section 59-106, relating to the revision of jury lists and the selection of grand and traverse jurors, as amended, particularly by an

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Act approved April 13, 1973 (Ga. L. 1973, p. 484), the following paragraphs: Provided, however, in any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means in conformance with subsection (e) of Code section 59-108, the board of jury commissioners shall compile and maintain a jury list of all the intelligent and upright citizens of the county who are otherwise qualified to serve as jurors. The approved jury list may be taken from the registered voters' list of the county as most recently revised by the county board of registrars or other county election officials and from any other source approved by the board of jury commissioners. After selecting the citizens to serve as jurors, the board of jury commissioners shall select from the jury list any number of the most experienced, intelligent, and upright citizens, not less than one-third of the whole number, to serve as grand jurors. Code 59-106 amended. Once the jury list is established, the board of jury commissioners may add new names to the lists, correct names and addresses within the lists, and eliminate names from the lists by reason of death or legal cause from time to time. The list so established shall become the permanent jury box. The information contained thereon shall be stored in a security data processing storage bank from which all juries in the county shall be selected by the judges designated by law to draw the traverse juries or grand juries. The computer shall be programmed to scan the entire list at each panel selection of traverse jurors and grand jurors under the formula and plan adopted by court order pursuant to Code section 59-109. Section 2 . Said Code Title is further amended by adding at the end of subsection (f) of Code section 59-108, relating to jury boxes, as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 626), and by an Act approved April 18, 1975 (Ga. L. 1975, p. 825), the following: Provided, however, that where the computer data storage

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cell is used as the jury box, provisions contained in subsections (b), (c) and (d) of this section shall not apply, so that when so amended subsection (f) of Code section 59-108 shall read as follows: (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. Provided, however, that where the computer data storage cell is used as the jury box, provisions contained in subsections (b), (c) and (d) of this section shall not apply, Code 59-108 amended. and by adding at the end of said Code section 59-108 a new subsection (g) to read as follows: (g) The county utilizing mechanical or electronic means for the selection of jurors may, under proper court rule, contract with other counties found within the circuit for the drawing of their respective tarvase and grand jurors. Said drawing may be held outside of the county so contracting by a judge of the circuit upon proper posting and advertising in the county legal organ the rule of court allowing this service to be performed for that county. Code 59-108 amended. Section 3 . Said Code Title is further amended by adding at the end of Code section 59-109, relating to book lists, the following: Provided, however, that in counties utilizing mechanical or electronic means for the selection of traverse and grand jurors, a computer print-out, alphabetically arranged, shall constitute the official jury list. The clerk of the superior court shall bind such list after it has been certified by the clerk and the jury commissioners to contain respectively, all of the named in the electronic data cell comprising the jury boxes. Each time the jury box is updated by the board of jury commissioners, an amended list shall be made out by the clerk showing all changes contained in the subsequent list.,

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so that when so amended said Code section 59-109 shall read as follows: 59-109. Book lists to be made . The clerk of the superior court shall make out, in a book, lists of the names respectively contained in the grand jury box and in the traverse jury box, alphabetically arranged, and place the book in his office, after the lists therein have been certified by the clerk and commissioners to contain, respectively, all the names placed in the jury boxes. Provided, however, that in counties utilizing mechanical or electronic means for the selection of traverse and grand jurors, a computer print-out, alphabetically arranged, shall constitute the official jury list. The clerk of the superior court shall bind such lists after it has been certified by the clerk and the jury commissioners to contain, respectively, all of the names in the electronic data cell comprising the jury boxes. Each time the jury box is updated by the board of jury commissioners, an amended list shall be made out by the clerk showing all changes contained in the subsequent list. Section 4 . Said Code Title is further amended by adding at the end of Code section 59-110, relating to the loss of jury lists or jury boxes, the following: Provided, however, that in counties utilizing mechanical or electronic means for the selection of jurors, all the information contained on the jury lists and in the jury box shall be microfilmed and stored in the vault by the superior court clerk. In the event the information in the storage cell is destroyed or otherwise lost said microfilm shall be used to reprogram the computer and re-create a new storage cell as herein provided. This provision shall also apply to section 59-111., so that when so amended, said Code section 59-110 shall read as follows: 59-110. Jury box or list, how supplied when destroyed . When the jury list and jury box, or either, shall be lost or destroyed between the time or drawing juries and the beginning of the term for which such drawing was made, or

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before the service of the precepts on the persons named therein, the judge of the circuit in which such loss or destruction occurs shall, immediately on being informed thereof, issue an order to the jury commissioners of the county to meet at the county site and prepare a list of citizens eligible to serve as jurors under the Constitution of the State, which list shall contain the names of not less than two-thirds of the `upright and intelligent' citizens of the county, and from this list they shall select a sufficient number, not exceeding two-fifths of the whole, taking for this purpose the names of the most experienced, intelligent, and upright citizens, and, from the list so selected, shall at once proceed to draw 30 names of persons to serve as grand jurors at the next term of the court; and from the remaining three-fifths of the names on such list shall then proceed to draw, in the same manner, not less than 36 to serve as traverse jurors at the next term of the court; and when such drawings have been completed, the commissioners shall immediately make out and deliver to the clerk of the superior court correct lists of the grand and traverse jurors so drawn, and the clerk shall at once deliver to the sheriff, or to the coroner in case the sheriff shall be disqualified, proper precepts containing the names of the persons drawn to serve as grand and traverse jurors, respectively, to be served personally, as required by law; and the persons so drawn and served shall, if otherwise eligible, be competent to serve as jurors, during the term for which they were drawn, without regard to the time of the preparation of the list, the drawing of the jurors, or the date of the service of the venire on the persons whose names are contained therein. Provided, however, that in counties utilizing mechanical or electronic means for the selection of jurors, all the information contained on the jury lists and in the jury box shall be microfilmed and stored in the vault by the superior court clerk. In the event the information in the storage cell is destroyed or otherwise lost said microfilm shall be used to reprogram the computer and re-create a new storage cell as herein provided. This provision shall also apply to section 59-111. Section 5 . Said Code title is further amended by striking from Code section 59-117, relating to delinquent jurors, the following:

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$40, and inserting in lieu thereof the following: $25, and by adding at the end of said Code section the following: Upon said fine being levied by the court, the clerk of the superior court shall issue a fieri facias and shall proceed to levy upon the fine which shall be paid into the court., so that when so amended said Code section 59-117 shall read as follows: 59-117. Delinquent jurors . If any person shall be drawn as a juror and duly summoned to appear as such at court, or if any person shall be summoned as tales juror and shall neglect or refuse to appear, or if any juror shall absent himself without leave of the court, the court may fine such person in a sum of not more than $40, unless he shall show good and sufficient cause or excuse, on oath, filed in the clerk's office of such court within 30 days after the opening of said court; the merits of which excuse shall be determined by the court at the next succeeding term. Upon said fine being levied by the court, the clerk of the superior court shall issue a fieri facias and shall proceed to levy upon the fine which shall be paid into the court. Section 6 . Said Code title is further amended by adding at the end of Code section 59-201, relating to qualifications of grand jurors and the incompetency of certain public officers to serve as grand jurors, as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 726), the following: Provided further, however, that persons who have been convicted of a felony, and who remain unpardoned or whose civil rights have not been restored, are incompetent to serve as grand jurors., so that when so amended said Code section 59-201 shall read as follows:

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59-201. Qualifications of grand jurors; incompetency of certain public officers to serve . All citizens of this State, above the age of 21 years, being neither idiots, lunatics, nor insane, who have resided in the county for six months preceding the time of serving, and who are the most experienced, intelligent, and upright persons, are qualified, and liable to serve as grand jurors, unless exempted by law: Provided, however, that all elected public officers and officials, county commissioners, tax receivers, tax collectors, members of the county board of education, county school commissioners, judges of the probate courts, and county treasurers shall be incompetent to serve as grand jurors during their respective terms of office. Provided further, however, that persons who have been convicted of a felony, and who remain unpardoned or whose civil rights have not been restored are incompetent to serve as grand jurors. Section 7 . Said Code Title is further amended by adding at the end of Code section 59-203, relating to the manner of drawing grand jurors, as amended, particularly by an Act approved April 18, 1975 (Ga. L. 1975, p. 809), the following paragraph: Provided, however, that in those counties utilizing mechanical or electronic means for the selection of jurors, the above shall not apply. Provided further, however, that the judges of the superior court shall draw a grand jury from the `electronic jury box' in the same manner and under the same plan that traverse juries are drawn and shall draw not less than 18 nor more than 60 names to serve as grand jurors to serve at the next term of court. Code 59-203 amended. Section 8 . Said Code Title is further amended by adding at the end of Code section 59-206, relating to the time and manner of summoning grand jurors, as amended, by an Act approved March 10, 1964 (Ga. L. 1964, p. 284), the following paragraph: Provided, however, that in those counties utilizing mechanical or electronic means for the selection of jurors, the sheriff of the county may authorize the clerk in writing to mail all summons by first class mail addressed to the jurors'

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most notorious place of abode at least 25 days prior to the term of the court the jurors were drawn to attend: Provided further, that the failure to receive the notice personally shall be a defense to a contempt citation. This provision shall in no way affect the provisions for drawing jurors and the service upon jurors by other courts in the county. Code 59-206 amended. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1976. REVENUEUNIFORM PROPERTY TAXATION SYSTEMCERTAIN COUNTY STAFF APPRAISERS SALARIES SUPPLEMENTED. No. 940 (House Bill No. 1033). An Act to amend an Act approved April 6, 1972, (Ga. L. 1972, p. 1104, et seq.) relating to a statewide system of gathering information for uniform property taxation and the employment of county staff appraisers thereunder so as to provide State salary supplements for those county appraisers who meet certain additional professional qualifications; to provide 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 approved April 6, 1972, (Ga. L. 1972, p. 1104, et seq.) relating to a statewide system of gathering information for uniform property taxation and the employment of county staff appraisers thereunder is hereby amended by adding to section 9 of said Act a new paragraph to be known as subsection (d) so that, when amended, section 9 of said Act shall read as follows: Section 9. State Payments (a) An amount, equal to one-half of the total compensation payable to the minimum

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staff in all of the counties, as determined by the State Revenue Commissioner with the approval of the State Merit System, shall be paid to the counties by the Department of Revenue in the following manner: (1) The greater of fifteen per cent (15%) of the amount appropriated and deemed available by the State Revenue Commissioner for the purpose of carrying out the provisions of this Act regarding minimum staff compensation or $200,000, if deemed available by the Commissioner, shall be distributed equally among all of the counties of the State. (2) The payment to be made to each county from the remainder of such amount, if any, will be equal to the remaining amount multiplied by a fraction, the denominator of which shall be the total of all parcels of real property located within the State, and the numerator of which shall be the number of parcels of real property located within the county. (b) The payments provided for in this Section shall be made in the manner determined by the State Revenue Commissioner; provided, however, that the State Revenue Commissioner shall not make any payments to any county which is not maintaining its records as required by this Act or which has not employed a minimum staff of appraisers or a portion thereof as required under the terms of section 4(e) of this Act or, in the case of Class I counties, has not entered into a contract providing for the performance of the requirements of this Act. (c) The payments provided for in this section shall be paid from funds appropriated to the Department of Revenue. (d) In addition to the payments for minimum staff appraisers authorized herein, the State Revenue Commissioner shall, from funds appropriated for that purpose, pay to qualified appraisers employed by county governments salary supplements in accordance with the following:

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(1) Those persons employed by county governments as staff appraisers who have earned the Certified Assessment Evaluator designation or the Certified Personalty Evaluator, conferred by the International Association of Assessing Officers, shall be paid a salary supplement of one thousand dollars ($1,000) per year. (2) Those persons employed by county governments as staff appraisers who have earned the Georgia Certified Appraisers designation conferred by the Georgia Association of Assessing Officials shall be paid a salary supplement of seven hundred and fifty dollars ($750) per year; provided, however, that the qualifications and requirements necessary for achievement of the Georgia Certified Appraiser must be approved by the State Revenue Commissioner before any supplements are paid for this designation. (3) Salary supplements shall be paid to those persons qualifying under paragraphs (1) and (2) of this subsection only for the period of time they are actually employed by a county as staff appraisers and only for the period of time that they shall hold such designations. Salary supplements shall be paid to each qualified person for only one designation at any one time. 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 each fiscal year in which funds shall be appropriated for the purpose of this Act. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. STATE OFFICIALS AND EMPLOYEESCERTAIN EXCEPTIONS TO TRANSACTIONS WITH STATE PROVIDED. No. 941 (Senate Bill No. 265). An Act to amend an Act prohibiting full-time appointive

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officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956 (Ga. L. 1956, p. 60), so as to provide exceptions thereto under prescribed conditions; to provide for 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 prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956 (Ga. L. 1956, p. 60), is hereby amended by deleting the period at the end of the first sentence of section 1 and adding the following: provided, that upon compliance with the conditions and procedures set forth hereinafter, a physician or psychologist licensed by the State of Georgia, and employed full-time by the State, may sell his services to another department, agency, commission or authority of the State, on a part-time basis. The exclusive procedure to be followed in such instances is as follows: (1) The chief executive officer of the department, agency, commission or authority which desires to obtain the services of a licensed physician or psychologist presently employed full-time by another department, agency, commission or authority of the State, shall certify in writing the need for the services and set forth why the best interest of the State will be served by obtaining the part-time services of such a person in lieu of obtaining such services from a person not presently employed by the State. (2) The chief executive officer of the department, agency, commission or authority presently employing the licensed physician or psychologist on a full-time basis, shall certify in writing that the person whose services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's full-time employment, and where appropriate, that the part-time employment

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of such person by the department, agency, commission or authority desirous of obtaining the services will be in the best interest of the State. (3) The departments, agencies, commissions or authorities, after having accomplished (1) and (2) above shall, by agreement, establish the procedures under which the employee shall perform the additional services. The agreement shall specify the means of employment, either as a part-time employee or as a consultant, the compensation, and other pertinent details and conditions of the employment relationship. The agreement shall be terminable at any time by either of the departments, agencies, commissions or authorities. so that when so amended, section 1 shall read as follows: Section 1. It shall be unlawful for any full-time appointive State official or employee to contract to buy from or sell to the State of Georgia any real or personal property, goods or services, or a combination thereof, when such purchase or sale would benefit or be likely to benefit, such official or employee, provided, that upon compliance with the conditions and procedures set forth hereinafter, a physician or psychologist licensed by the State of Georgia, and employed full-time by the State, may sell his services to another department, agency, commission or authority of the State, on a part-time basis. The exclusive procedure to be followed in such instances is as follows: (1) The chief executive officer of the department, agency, commission or authority which desires to obtain the services of a licensed physician or psychologist presently employed full-time by another department, agency, commission or authority of the State, shall certify in writing the need for the services and set forth why the best interest of the State will be served by obtaining the part-time services of such a person in lieu of obtaining such services from a person not presently employed by the State. Exemption. (2) The chief executive officer of the department, agency, commission or authority presently employing the licensed

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physician or psychologist on a full-time basis, shall certify in writing that the person whose services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's full-time employment, and where appropriate, that the part-time employment of such person by the department, agency, commission or authority desirous of obtaining the services will be in the best interest of the State. (3) The departments, agencies, commissions or authorities, after having accomplished (1) and (2) above shall, by agreement, establish the procedures under which the employee shall perform the additional services. The agreement shall specify the means of employment, either as a part-time employee or as a consultant, the compensation, and other pertinent details and conditions of the employment relationship. The agreement shall be terminable at any time by either of the departments, agencies, commissions or authorities. Section 2 . This Act shall in no way amend or repeal any statute or regulation promulgated pursuant thereto pertaining to the Merit System of Personnel Administration. Section 3 . This Act shall not prevent the Georgia Building Authority from part-time employment of custodial and cleaning workers who work for other Departments of State government. 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, 1978.

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BOARD OF REGENTS PROVIDED SOVEREIGN IMMUNITY. No. 942 (Senate Bill No. 537). An Act to define and reaffirm the applicability of the doctrine of sovereign immunity to the Board of Regents of the University System of Georgia, except to the extent that the General Assembly may hereafter provide; to provide that the term Board of Regents of the University System of Georgia shall be deemed for the purpose of this Act to include the Regents of the University System of Georgia; to repeal a specific law; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The applicability of the doctrine of sovereign immunity to the Board of Regents of the University System of Georgia is hereby reaffirmed, except to the extent that the General Assembly of Georgia may hereafter expressly provide. As used in this Act, the term Board of Regents of the University System of Georgia shall include the Regents of the University System of Georgia. Sovereign immunity. Section 2 . That part of section 3 of an Act providing for the establishment of a public seat of Learning in Georgia and creating The Trustees of the University of Georgia, approved January 27, 1785 (Ga. L. 1785, pp. 560, 561, Sec. 3; Cobb's Dighest, pp. 1082, 1084, Sec. III), which provides that the said Trustees shall and may be a person in law, capable to plead and be impleaded, defend and be defended, answer and be answered unto, as amended, is hereby repealed in its entirety. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976.

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EMPLOYEES RETIREMENT SYSTEM MEMBERSCERTAIN ELIGIBILITY FOR GROUP TERM LIFE INSURANCE PROVIDED, ETC. No. 946 (House Bill No. 179). An Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 323), as amended, so as to provide that certain members of the Employees' Retirement System of Georgia currently not considered eligible for Group Term Life Insurance may be declared eligible for same under certain conditions; to change the duties of the Board of Trustees; to change the provisions relative to creditable service with respect to members who have previously withdrawn contributions; to change the provisions relative to creditable service with respect to members whose membership has heretofore been terminated; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 323), as amended, is hereby amended by adding a new paragraph at the end of subsection (2) of section 17 of the Act, to read as follows: All laws to the contrary notwithstanding, any person who is a member of this Retirement System on the effective date of this amendment who elected nonmembership in the Employees' Retirement System and who, subsequently to such election of nonmembership has become a member of the Employees' Retirement System of Georgia or any person who declined Survivors' Benefits (Group Term Life Insurance) and who by regulation is considered ineligible for Group Term Life Insurance coverage shall become eligible for and shall be allowed Group Term Life Insurance coverage

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under provisions of the Employees' Retirement System Act and State Employees' Assurance Department Act, computed on the basis of the member's attained age at the time of election of Retirement System membership or the attained age at the time of declining Survivor's Benefits (Group Term Life Insurance) provided, however, that the attained age of the member at the time of election of Retirement System membership or the attained age at the time of declining Survivor's Benefits (Group Term Life Insurance) must have been less than fifty-one (51) years of age. Any member made eligible by the provisions of this amendment who desires Group Term Life Insurance coverage under this Act must elect coverage by written notice filed with the Board of Trustees not later than ninety (90) days following the effective date of this amendment. The Board of Trustees is authorized and directed to undertake all administrative duties necessary to transfer the contributions withheld from such member or on such member's behalf from any account within the Retirement System to any other account necessary to facilitate the extension of life insurance coverage to any such member made eligible by the provisions of this amendment for Group Term Life Insurance. The Board of Trustees shall give written notice to each affected member of the System regarding their rights as afforded under this paragraph. Section 2 . Said Act is further amended by striking the word and figure five (5) as it appears in subsection (12) of section 4 and substituting in lieu thereof the word and figure two (2), so that when so amended subsection (12) of section 4 shall read as follows: (12) Any current member having previously withdrawn his contributions not more than three times from the Employees' Retirement System and/or the Teachers' Retirement System of Georgia, may, after two (2) years' active service as a contributing member, reestablish such creditable service as he would have been eligible for as a member of either System had he not withdrawn his contributions, upon his payment into the System a sum equal to the amount withdrawn from either System, plus regular interest at the rate of four and one-fourth percent (4%) per annum

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from the date of his withdrawal to the date of repayment, and such interest shall be placed in the Pension Accumulation Fund. For any member having repaid into the Employees' Retirement System contributions previously withdrawn from the Teachers' Retirement System, a comparable employer contribution shall be paid to the Employees' Retirement System, plus accrued interest thereon, upon receipt of notice from the System. Section 3 . Said Act is further amended by striking the word and figure five (5) as it appears in subsection (16) of section 4 and substituting in lieu thereof the word and figure one (1) so that when amended, subsection (16) of section 4 shall read as follows: (16) Any current member who, having been previously a member with creditable service, and whose membership has heretofore been terminated on account or less than one year of service in a period of five consecutive years as herein provided for, and who has never withdrawn his contributions made during such prior creditable service, may, after one (1) year active service as a contributing member, reestablish such creditable service as he would have been eligible for had his membership not been so terminated, upon his payment into the System a sum equal to four and one-fourth percent (4%) interest on the total amount of his contributions during such prior creditable service from the date of the termination of his membership to the date of payment, and such sum shall be placed in the Pension Accumulation Fund. Section 4 . This Act shall take effect immediately upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976.

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EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDCERTAIN CREDITABLE SERVICE PROVIDED. No. 947 (House Bill No. 312). An Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 18, 1971 (Ga. L. 1971, p. 96), so as to provide that certain periods of service shall be deemed as full-time State employment for certain members; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 18, 1971 (Ga. L. 1971, p. 96), is hereby amended by adding at the end of section 2 of the aforesaid amendatory Act of 1971 the following: Provided, however, service after January 1, 1954, as a tax collector, tax receiver or tax commissioner, as an employee of any such tax official, shall be deemed to be fulltime State employment for the purposes of the Employees' Retirement System Act, as amended; and any service as a tax commissioner, tax receiver, or tax collector, or any employee of such tax officials after January 1, 1954, to the date any such official or employee became a member of the System shall be credited as membership service credit upon payment into the retirement system before January 1, 1977, the employer and employee contributions, plus regular interest thereon, for such service. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. ELECTIONSREGISTRATION CARD FORM CHANGED, ETC. Code Chapter 34-6 Amended. No 948 (House Bill No. 681). An Act to amend Code Chapter 34-6, relating to the registration of electors, as amended, so as to require a uniform registration card; to delete requirements for certain information; to provide for cancellation of prior registrations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 34-6, relating to the registration of electors, as amended, is hereby amended by striking in its entirety subsection (a) of Code section 34-609, relating to the form of registration cards, and substituting in lieu thereof the following: (a) The registration cards, for use by persons other than absentee applicants, shall hereafter be in the following form only but existing cards are not required to be changed. The form may be printed on cards or separate sheets but for convenience, the card or sheets of paper, shall be referred to as the `Registration Card'. Code 34-609 amended.

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QUESTIONS PROPOUNDED TO APPLICANT (b) The registration cards for use by applicants for absentee registration shall be in the same form as the above form of registration card, except that the affidavit and `Questions Propounded to the Applicant' portions shall be eliminated and in lieu thereof the following form of affidavit shall be used:

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least eighteen years of age, or will be on theday of, 19; that my residence for voting purposes is located atin such County; that my temporary address outside of this State is; or that I am otherwise qualified to register by absentee registration for the following reason; that I possess the qualifications of an elector required by the Constitution of the State of Georgia; that I am not registered to vote in any other county/or I am registered inCounty of the State ofand request cancellation of my registration; that I am not registered to vote under any other name; that I have never been convicted in any court of competent jurisdiction of treason against the State of Georgia, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of the State of Georgia with imprisonment in the penitentiary, or if so convicted, that I was pardoned on; and that the information contained elsewhere on this card is true.

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(c) The board of registrars may require that registration cards be executed in duplicate. Section 2 . Code section 34-631, relating to change of residence is hereby amended by striking subsections (a), (b) and (c) in their entirety and inserting in lieu thereof the following: (a) Any elector, upon moving his residence to this State or to another county within this State may, if he is otherwise qualified, have his name placed upon a list of electors of the county of his new residence as hereinafter provided. Such elector shall make application to the Board of Registrars of the county of his new residence to have his name placed upon a list of electors of such county. Such application shall be in writing and on the form prescribed by Ga. Code section 34-609(a). Code 34-631 amended. After receipt of such application in proper form, the Board of Registrars of the county of the applicant's new residence shall send to the Board of Registrars of the county of his immediate former voting residence a registration cancellation certificate which shall be in substantially the following form:

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Upon receipt of such certificate the Board of Registrars of the county of the applicant's immediate former voting residence shall remove his name from the elector's list of said county. (b) An elector who desires to cancel his registration as described in subsection (a) hereof shall make such application 30 days prior to the primary or election in which he wishes to vote, and the Board of Registrars shall complete the cancellation at least 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 (d) of this section. Section 3 . So as all voter registration cards may be uniform throughout the 159 counties the Secretary of State shall be empowered to administer this Act. Uniformity. Section 4 . Said Code section 34-631 is hereby further amended by renumbering subsections (d) and (e) as subsections (c) and (d). Code 34-631 amended. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976.

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ELECTIONSNUMBER OF REQUIRED VOTING MACHINES CHANGED. Code 34-1204 Amended. No. 949 (House Bill No. 989). An Act to amend Code section 34-1204, relative to the installation, custody and repair of voting machines, as amended by an Act approved April 9, 1969 (Ga. L. 1969, p. 329), so as to change the provisions relative to the number of voting machines to be provided; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 34-1204, relative to the installation, custody and repair of voting machines, as amended by an act approved April 9, 1969 (Ga. L. 1969, p. 329), is hereby amended by striking subsection (b) of said Code section in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) In each election district in which voting machines are used, the governing authority shall provide at least one voting machine for each five hundred electors, or major fraction thereof, therein, except that at least one voting machine shall be provided in each such election district in any case. Number. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976.

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PUBLIC OFFICERSCERTAIN ELIGIBILITY AGE CHANGED, ETC. Code 89-101 Amended. No. 950 (House Bill No. 1333). An Act to amend Code section 89-101, relating to the eligibility of persons to hold civil offices, as amended, so as to provide that citizens of this State who are otherwise qualified and who are 18 years of age or older shall be eligible to hold any county or municipal office, except such offices of a judicial nature; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 89-101, relating to the eligibility of persons to hold civil offices, as amended, is hereby amended by adding at the end of subsection 1. the following: Provided, however, citizens of this State who are otherwise qualified who have attained 18 years of age shall be eligible to hold any county or municipal office, except such offices of a judicial nature., so that when so amended, subsection 1. shall read as follows: 1. Nonresidents and Minors . Persons who are not citizens of this State, and persons under the age of 21 years. Provided, however, upon passage of appropriate local ordinances citizens of this State who are otherwise qualified who have attained 18 years of age shall be eligible to hold any county or municipal office, except such offices of a judicial nature. Section 2 . The residency requirement for a candidate for such office shall be 24 months residency within the political sub-division for which such person is a candidate. Section 3 . In the event any part of this Act is declared unconstitutional the remaining portions shall remain in full force and effect. Severability.

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Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. DEPARTMENT OF PUBLIC SAFETYCERTAIN OFFICER PROVISIONS CHANGED, ETC. No. 951 (House Bill No. 1456). 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 2, 1949 (Ga. L. 1949, p. 70), so as to provide for the appointment, demotion, and suspension of officers, troopers, communications officers, and driver license examiners of the Department of Public Safety; to provide for the removal of such officers, troopers, communications officers, and driver license examiners for cause after charges are preferred and an opprotunity for hearing is provided; to establish the procedures connected therewith; to set forth the charges that are deemed actionable; to provide for the composition of the State Patrol Disciplinary Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 2, 1949 (Ga. L. 1949, p. 70), is hereby amended by striking section 7 thereof in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. (a) All the officers, troopers, communications officers, and driver license examiners, except the Commissioner and Deputy Commissioner of Public Safety, shall be entitled to serve until retirement; provided however, that the Commissioner of Public Safety or his designee may discharge

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any officer, trooper, communications officer, or driver license examiner. This may be accomplished by preferring charges before the State Patrol Disciplinary Board before which the officer, trooper, communications officer, or driver license examiner shall have an opportunity for hearing. The charges which may be preferred shall consist of one or more of the following: unfitness to perform assigned duties, insubordination, misconduct, conduct reflecting discredit on the Department, commission of a felony or other crime involving moral turpitude, failure to report to work without justifiable cause, chronic absenteeism, or political activity as defined in the rules and regulations adopted pursuant to an Act relating to the State Personnel Board (Ga. L. 1975, p. 79): Provided, however, that this provision shall not apply to persons separated from the Department due to curtailment of funds or reduction in staff when such separation is in accordance with the rules and regulations of the State Merit System. Charges. (b) The State Patrol Disciplinary Board shall be composed of the commanding officer, a captain, a lieutenant, a sergeant, a corporal, and a trooper with those members below the rank of commanding officer being appointed by the Commissioner to serve for a period of six (6) months and being changed each six (6) months. Where charges are preferred against a communications officer or a driver license examiner, the Board shall also include either one communications officer or one driver license examiner depending upon the classification of the person against whom charges are preferred. (c) Any officer, trooper, communications officer, or driver license examiner who has charges preferred against him shall receive a copy thereof as soon as practicable. (d) The Commissioner or his designee may suspend any officer, trooper, communications officer, or driver license examiner from duty for cause without pay until such hearing before the State Patrol Disciplinary Board is held where it is likely that the employee has committed a felony or other crime involving moral turpitude or where the retention of the employee in active duty status may result in damage

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to property or may be detrimental or injurious to the employee, his fellow workers, persons under the employee's charge, or the general public, or in other emergency situations as defined in the rules and regulations adopted pursuant to an Act relating to the State Personnel Board (Ga. L. 1975, p. 79). Pending the employee's hearing before the State Patrol Disciplinary Board, such officer, trooper, communications officer, or driver license examiner shall not be allowed to wear the uniform of the Georgia State Patrol or perform any duties thereof. (e) The hearing before the State Patrol Disciplinary Board must be held on a date which provides the employee with at least five (5) calendar days and no more than thirty (30) calendar days advance written notice of the hearing except as otherwise provided in the rules and regulations of the State Personnel Board. The hearing shall be informal and rules of evidence shall not apply. The Board is authorized to consider any information that may be presented to it by oral or written means. The officer, trooper, communications officer, or driver license examiner shall be given an opportunity to present to the Board any information which he desires the Board to consider. (f) The Board shall, after considering the information presented to it, make a recommendation to the Commissioner as to what action shall be taken. This recommendation shall in no way bind the Commissioner. The Commissioner's decision shall be final and there shall be no appeal therefrom within the Department of Public Safety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976.

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ELECTIONSCHIEF REGISTRAR PROVISIONS CHANGED, ETC. Code 34-605 Amended. No. 952 (House Bill No. 1551). An Act to amend Code section 34-605, relating to the qualifications of registrars and deputy registrars, so as to repeal the requirement that the chief registrar own or be the spouse of the owner of real property within the county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 34-605, relating to the qualifications of registrars and deputy registrars, is hereby amended by striking therefrom the last sentence which reads as follows: No person shall be eligible to serve as chief registrar unless such person owns an interest in real property located within the county or unless such person is the spouse of such a property owner., so that when so amended, said Code section shall read as follows: Section 34-605. Qualifications of registrars and deputy registrars .Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a registrar or deputy registrar or within a period of six months after so serving, shall be eligible to any nomination or office to be voted for at a primary or election, provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector, or to any candidate for such office of tax commissioner or tax collector. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976.

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ELECTIONSPROVISIONS RELATING TO NUMBER OF BALLOTS CHANGED. Code 34-1107 Amended. No. 954 (House Bill No. 1822). An Act to amend Code section 34-1107, relating to the number of ballots to be printed, so as to provide that the superintendent shall provide for the number of ballots equal to the number of registered electors in each election district; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 34-1107, relating to the number of ballots to be printed, is hereby amended by deleting in their entirety the second and third sentences thereof, so that when so amended said Code section shall read as follows: Section 34-1107. Number of ballots to be printed .The superintendent shall provide for each election district in which a primary or election is to be held a number of ballots equal to the number of registered electors. 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, 1976. REVENUEGEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDED. No. 955 (House Bill No. 1902). An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February

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20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 369), so as to provide that credit in the amount of tax actually paid in a State which does not grant like credit for taxes paid in Georgia shall be given in respect to certain uses of tangible personal property; 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 December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 369), is hereby amended by adding before the period at the end of the last sentence of section 10 thereof the following: ; provided, however, that credit in the amount of tax actually paid in a State which does not grant like credit for taxes paid in this State shall be given, up to the amount of the like tax due in Georgia, in respect to, and only in respect to, any use in such other State of tangible personal property by a manufacturer or fabricator in fulfillment of a bona fide written contract to furnish such property and perform services relative thereto in such other State, when the property was manufactured or fabricated in Georgia exclusively for use by such manufacturer or fabricator as a contractor in fulfillment of such a contract, so that when so amended section 10 shall read as follows: Section 10. The provisions of this Act shall not apply in respect to the use or consumption, or distribution, or storage of tangible personal property for use or consumption in this State upon which a like tax equal to or greater than the amount imposed by this Act has been paid in another State, the proof of payment of such tax to be according to rules and regulations made by the Commissioner. If the amount of tax paid in another State is not equal to or greater than the amount of tax imposed by this Act, then the dealer shall pay to the Commissioner an amount sufficient

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to make the tax paid in the other State and in this State equal to the amount imposed by this Act. No credit shall be given under this section for taxes paid in another State if that State does not grant like credit for taxes paid in Georgia; provided, however, that credit in the amount of tax actually paid in a State which does not grant like credit for taxes paid in this State shall be given, up to the amount of the like tax due in Georgia, in respect to, and only in respect to, any use in such other State of tangible personal property by a manufacturer or fabricator in fulfillment of a bona fide written contract to furnish such property and perform services relative thereto in such other State, when the property was manufactured or fabricated in Georgia exclusively for use by such manufacturer or fabricator as a contractor in fulfillment of such a contract. Credit. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. GEORGIA BUILDING AUTHORITYCERTAIN LAW ENFORCEMENT PROVISIONS MADE. No. 957 (House Bill No. 1920). An Act to authorize the Georgia Building Authority, its security personnel and certain law enforcement officers to exercise certain powers and authority upon certain property and buildings; to authorize the Adjutant General of the State of Georgia to empower service contract security guards employed by the Department of Defense to exercise certain powers and authority upon certain property and buildings and to carry firearms in the official performance of their duties; to provide for matters relative thereto; 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:

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Section 1 . The Georgia Building Authority and its security personnel are hereby authorized and empowered to deny the entrance of any person into or upon any property or building of the Authority or the State when such person's activities are intended to disrupt or interfere with the normal activities and functions carried on in such property or building or have the potential of violating the security of the personnel therein. The Authority and its security personnel are hereby authorized and empowered to deny entrance into or upon any such property or building of any person displaying any sign, banner, placard, poster or similar device. The Authority and its security personnel are hereby authorized and empowered to remove any person from any such property or building when such person's activities interfere with or disrupt the activities and the operations carried on in such property or building or constitute a safety hazard to such property or building or the inhabitants thereof. The authority and power provided herein shall also extend to any property or building utilized by the State or any agency thereof. Any law enforcement officer assisting the Authority or any of its security personnel shall have the same authority and power bestowed upon the Authority by this Act. Powers. Section 2 . The Adjutant General of the State of Georgia is hereby authorized to empower service contract security guards employed by the Department of Defense with the power and authority to make summary arrests of persons violating the laws of this State or the United States upon and surrounding any Georgia Air National Guard or Georgia Army National Guard facility. In case of such arrests, the service contract security guard shall as soon as possible deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was committed. The Adjutant General shall also have the power and authority to authorize service contract security guards to carry firearms in the official performance of their duties. Security guards. Section 3 . Any person who shall refuse to obey any lawful order of any such security personnel or law enforcement officer issued pursuant to this Act, or any person who shall

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refuse to vacate any such property or building when requested to do so, 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 March 18, 1976. ELECTIONSCERTAIN VOTER REGISTRATION DEADLINE FIXED. Code Chapter 34-6 Amended. No. 963 (House Bill No. 1987). An Act to amend Code Chapter 34-6, relating to the registration of electors, so as to provide that whenever a special primary or election is held on the same day as the Georgia Presidential Preference Primary, voter registration deadlines for the special primary or election shall be the same as that for the Presidential Preference Primary; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 34-6, relating to the registration of electors, is hereby amended by adding immediately following Code section 34-626, relating to registration of persons to vote in special primaries and elections, a new Section, to be designated section 34-626.1, which shall read as follows: Section 34-626.1. Registration to vote in special primaries

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or elections held at the time of the Georgia Presidential Preference Primary . Notwithstanding the provisions of section 34-626, whenever a special primary or election is held at the time of the Georgia Presidential Preference Primary provided for under Ga. Code Chapter 34-10A, the time for closing of the registration list for the special primary or election shall be the same as that specified in this code for the closing of the registration list for the Presidential Preference Primary. 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, 1976. OPTOMETRISTSCERTAIN STATE DISCRIMINATION PROHIBITED. No. 964 (House Bill No. 88). An Act to prohibit any State board, body, agency, official or State institution from discriminating against physicians licensed under Code Chapter 84-9 or to discriminate against optometrists licensed under Code Chapter 84-11 for visual care services when the visual care services are within the scope of practice as licensed under said Chapters; to provide remedies; to provide for exceptions; 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 State board, body, agency of State government, public official or State institution to discriminate against optometrists licensed under Code Chapter 84-11 or physicians licensed under Code

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Chapter 84-9 of the Code of Georgia in the suggestion or recommendation for visual care which is within the scope of practice as licensed pursuant to said Code Chapters. Prohibition. Section 2 . Nothing contained herein shall be construed to prevent persons having custodial care of other persons from referring such persons to the practitioner of his choice. Section 3 . Nothing contained herein shall be construed to prevent a physician from referring patients to any practitioner of his choice. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. BEEHIVE OWNERS AUTHORIZED TO DESTROY CERTAIN BEARS. No. 965 (House Bill No. 738). An Act to provide that the owner of a beehive shall have the right to destroy bears under certain conditions; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Department of Natural Resources shall administer the provisions of this Act. Section 2 . The owner of a beehive or his agent shall have the right to kill any bear which shall constitute a clear and immediate threat to his property, provided that prior permission in writing to kill such bears shall have been obtained by the owner of the beehive from the landowner and the beehive owner shall have equipped the beehive with a fully operative electric fence or other protective device

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approved by the Department of Natural Resources. However, no such owner or agent shall have the right to destroy any bear unless it shall be killed within the immediate vicinity of the threatened property or unless the bear shall have been tracked by dogs directly from the damaged property to the point of kill, provided that the nearest office of the Game and Fish Division of the Department of Natural Resources shall have first been given two hours prior notice by the owner of the beehive or his agent before said tracking shall commence. Destruction. Section 3 . This Act shall become effective on July 1, 1976. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. INTOXICATING BEVERAGESLIMIT ON TRANSPORTATION OF NON-TAX PAID MALT BEVERAGES FIXED. No. 966 (House Bill No. 784). An Act to amend an Act relating to malt beverage taxes, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended by Ga. L. 1937, p. 148, approved March 30, 1937, and as amended particularly by an Act approved April 10, 1971, so as to make it unlawful for any person, firm or corporation to possess or transport more than five (5) cases of malt beverages upon which the taxes imposed on such beverages have not been paid; to declare such beverages contraband; to declare contraband, vehicles used in transporting such beverages; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to license and excise taxes upon the business of dealing in malt beverages as approved

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March 23, 1935 (Ga. L. 1935, p. 73), as amended by Ga. L. 1937, p. 148, approved March 30, 1937, and as amended particularly by an Act approved April 10, 1971, is hereby amended by striking from section 17-A, the first two sentences which read as follows: Be it further enacted, that no person, firm or corporation shall sell, offer for sale, or possess for the purpose of sale, any of the malt beverages specified and legalized by said Act, without first having obtained a license to deal in such beverages under the provisions of said Act, nor shall any person, firm or corporation possess more than five (5) cases of malt beverages upon which the taxes imposed on such beverages have not been paid and any person, firm or corporation guilty of violating the provisions of this Section shall be guilty of a misdemeanor and punished as provided in this Act. It shall be the duty of the State Revenue Commissioner and his agents to seize and take possession of any and all malt beverages specified herein, found in the possession of any person, firm or corporation in violation of the provisions of this section, and turn the same over to the Sheriff of the County in which same were seized for safekeeping for a period of 10 days., and inserting in lieu thereof the following two sentences: Be it further enacted, that no person, firm or corporation shall sell, offer for sale, or possess for the purpose of sale, any of the malt beverages specified and legalized by said Act, without first having obtained a license to deal in such beverages under the provisions of said Act, nor shall any person, firm or corporation possess or transport more than five (5) cases of malt beverages upon which the taxes imposed on such beverages have not been paid and any person, firm or corporation guilty of violating the provisions of this section shall be guilty of a misdemeanor and punished as provided in this Act and further such beverages and motor vehicles, watercraft, or aircraft used in transporting such beverages are declared to be contraband. It shall be the duty of the State Revenue Commissioner or his agents to seize and take possession of any and all malt

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beverages and motor vehicles, watercraft, or aircraft specified herein, found in the possession of any person, firm or corporation in violation of the provisions of this section, and turn the same over to the Sheriff of the County in which same were seized for safe-keeping for a period of 10 days. Limit. Section 2 . This Act shall become effective upon its approval by the Governor or 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, 1976. MARRIED WOMENSURETY ON BAIL BONDS AUTHORIZED. Code 53-503 Amended. No. 967 (House Bill No. 918). An Act to amend Code section 53-503, providing a wife is a feme sole as to her separate estate, as amended by an Act approved March 14, 1969 (Ga. L. 1969, p. 72), so as to authorize a married woman to act as a surety on bail bonds in criminal cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 53-503, providing a wife is a feme sole as to her separate estate, as amended by an Act approved March 14, 1969 (Ga. L. 1969, p. 72), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 53-503, to read as follows: 53-503. Wife feme sole as to her separate estate; binding separate estate . The wife is a feme sole as to her separate

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estate, unless controlled by the settlement. Every restriction upon her power in it must be complied with. The wife may not bind that portion of her separate estate which is composed of tangible personal property by any contract of suretyship, except bail bonds in criminal cases, or by any assumption of the debts of her husband. The sale of any portion of her separate estate which is composed of tangible personal property to a creditor of her husband in extinghishment of his debts shall be absolutely void. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. MOTOR VEHICLESSCHOOL BUS DRIVERSDISEMBARKING CHILDREN. Code 68A-706 Amended. No. 968 (House Bill No. 1216). An Act to amend Code section 68A-706, relative to overtaking and passing a school bus, so as to provide that after stopping to allow children to disembark from the bus, it shall be unlawful for the driver of the school bus to proceed until all children who need to cross the roadway have done so safely; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 68A-706, relative to overtaking and passing a school bus, is hereby amended by adding at the end thereof a new subsection to be designated subsection (h), to read as follows: (h) After stopping to allow children to disembark from the bus, it shall be unlawful for the driver of the school bus to proceed until all children who need to cross the roadway

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have done so safely. Any driver wilfully violating the provisions of this subsection shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as for a misdemeanor. Code 68A-706 amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. EDUCATIONCERTAIN DISRUPTION AT SCHOOLS PROHIBITED, ETC. No. 969 (House Bill No. 1271). An Act to amend an Act providing that it shall be unlawful for any person to loiter and remain upon the premises of any public or private school when such person has no legitimate need to be present thereon, approved April 13, 1973 (Ga. L. 1973, p. 719), so as to provide that it shall be unlawful for any person to disrupt or interfere with the operation of any public school; 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 providing that it shall be unlawful for any person to loiter and remain upon the premises of any public or private school when such person has no legitimate need to be present thereon, approved April 13, 1973 (Ga. L. 1973, p. 719), is hereby amended by adding, following section 2, a new section 2A, to read as follows: Section 2A. It shall be unlawful for any person to disrupt or interfere with the operation of any public school. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Penalty.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDGA. AGRICULTURE COMMODITIES PROMOTION ACT EMPLOYEES ELIGIBLE, ETC. No. 970 (House Bill No. 1274). 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 Agricultural Commodity Commissions, as established by an Act known as the Georgia Agricultural Commodities Promotion Act, approved April 25, 1969 (Ga. L. 1969, p. 763), as now or hereafter amended, to become members of the Employees' Retirement System of Georgia; to declare said Georgia Agricultural Commodity Commissions adjuncts 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 conditions for the inclusion of employees of the Commissions 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 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 between sections 3 and 4 to be designated section 3A and to read as follows: Section 3A. The Georgia Agricultural Commodity Commissions, as established by an Act known as the `Georgia

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Agricultural Commodities Promotion Act', approved April 25, 1969 (Ga. L. 1969, p. 763), as now or hereafter amended, are declared to be adjuncts of the Georgia Department of Agriculture, such Commissions providing for the promotion of the production, marketing, sales, uses and utilization, processing and improvement of the agricultural products of this State and producers connected therewith. All employees of the Georgia Agricultural Commodity Commissions shall be subject to a merit system of personnel administration established by the Commissions, pursuant to which said employees shall be employed. All employees shall perform services on the basis of merit, fitness and efficiency. The establishment of this merit system prior to the effective date of this section shall be a prerequisite to coverage of the Commissions under the provisions of the Retirement System. Eligibility. (1) Any person employed by the Georgia Agricultural Commodity Commissions on the effective date of this section 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 this Act. Any person first employed by, or entering into the employ again of, the Georgia Agricultural Commodity Commissions after the effective date of this section shall, as a condition of employment, become a member of Division `A' of the System, as established in accordance with the provisions of this Act. In order to become or be required to be a member of the System, an employee of the Georgia Agricultural Commodity Commissions must be employed in Georgia in a position normally requiring actual performance of duty during not less than nine months of the year. The commencement date for the inclusion of employees of the Georgia Agricultural Commodity Commissions within the Retirement System shall be July 1, 1976. (2) The Georgia Department of Agriculture shall be responsible for making certain that the employees' contributions required by the provisions of this Act are deducted and collected from each member and remitted to the System as by law or regulation required, and the Commissioner of the Georgia Department of Agriculture is hereby authorized and directed to take any necessary action to insure that the

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employer contributions required by this Act, or regulations promulgated pursuant thereto, are paid from the funds of the Agricultural Commodity Commissions and such employer contributions shall be paid by the Commissioner to the Retirement System upon receipt of an invoice from the Employees' Retirement System. (3) The Board of Trustees is hereby authorized and empowered to promulgate all necessary rules and regulations for the implementation of the provisions of this section, 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 Commissions. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. CRIMES OF PERJURY AND FALSIFICATIONS REDEFINED. Code 26-2408 Amended. No. 971 (House Bill No. 1276). An Act to amend Code Chapter 26-24, relating to the crimes of perjury and other falsifications, so as to provide that a person who knowingly and willfully falsifies, conceals or covers up by any trick, scheme or device a material fact, or makes a false, fictitious or fraudulent statement or representation, or makes or uses any false writing or document, knowing the same to contain any false, fictitious or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of State government shall be punished by a fine of not more than $1,000 or by imprisonment for not less than one nor more than five years, or both; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 26-24, relating to the crimes of perjury and other falsifications, is hereby amended by adding at the end thereof a new code section 26-2408, to read as follows: 26-2408. False Statements . A person who knowingly and willfully falsifies, conceals or covers up by any trick, scheme or device a material fact, or makes a false, fictitious or fraudulent statement or representation, or makes or uses any false writing or document, knowing the same to contain any false, fictitious or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of State government shall be punished by a fine of not more than $1000 or by imprisonment for not less than one nor more than five years, or both. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. DENTIST AND DENTAL HYGIENISTS ACT. Code Title 84 Amended. No. 972 (House Bill No. 1278). An Act to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to revise, codify, consolidate, modernize and supersede the laws of this State relating to the practice of dentistry, to dentists, to dental hygienists, to dental assistants and others; to provide for definitions; to define the practice of dentistry; to provide that certain acts shall constitute prima facie evidence of the practice of dentistry; to change the name of the Board of Dental Examiners of Georgia to the Georgia Board of Dentistry; to create the Georgia Board of Dentistry and provide for its members, their terms of

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office, qualifications, eligibility, powers, duties, authorities and the manner of filling vacancies; to provide that the Georgia Board of Dentistry shall be a budget unit; to provide for equitable proceedings; to provide for injunctions; to prohibit or regulate certain practices; to provide for practices and procedures; to provide for rules and regulations; to regulate the acts, services, procedures and practices which may be performed by dentists, dental hygienists, dental assistants or other persons; to provide for supervision; to provide for the filing of addresses by members of the Georgia Board of Dentistry; to provide for notices; to provide for officers; to provide for an executive director, investigators and other personnel of the Board and their appointment, qualifications, employment, powers, duties and authority; to provide for the duties, powers and authority of the Joint Secretary, State Examining Boards; to provide for meetings of the Board; to provide for quorums and adjournments; to provide for examinations, minutes, bylaws and a seal; to provide for the collection, application and disbursement of fees and other moneys; to provide for the keeping and inspection of books and records and their use; to provide for copying of books and records, and fees therefor; to provide for eligibility of applicants for licenses; to provide for applications and fees; to provide for different classifications of licenses and the qualifications therefor; to provide for teachers' licenses; to provide for public health dentists' licenses; to provide for the registration of licenses and fees therefor; to provide for certificates for registration of licenses; to provide for applications for licenses and fees, expenses and annual reports of the Board in connection therewith; to require certain information on certain signs, cards, announcements or methods used to state or imply that dentistry may or will be done; to provide that certain dentists shall not be liable for certain damages; to provide for censuses of practicing dentists; their publication and the expenses connected therewith; to provide for notices and hearings; to provide for appeals; to provide for enforcement; to provide for service of orders, subpoenas, notices and legal processes; to provide that no one practicing dentistry without complying with certain laws

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shall be entitled to collect any fee or reward for his services; to provide for dental colleges or dental departments of reputable colleges and universities to maintain and operate college clinics and charge for services rendered therein; to provide for exceptions; to provide for the revocation or suspension of licenses and the causes, practices and procedures connected therewith; to provide for discipline; to provide for reprimands; to provide for the limitation or restriction of licenses; to provide for registration and re-registration and the fees therefor; to provide for conditional licenses; to provide for regulation, examination and licensing of dental hygienists and the fees therefor; to provide for qualifications for dental hygienists; to provide for the supervision of dental hygienists; to provide for the re-registration of licensed dental hygienists; to provide for the revocation of licenses of dental hygienists; to provide for restrictions; to provide for records of all hearings and judgments; to provide for the membership, rules and regulations of the Georgia Board of Dentistry; to provide for other matters relative to the foregoing; to repeal an Act relating to the licensing of dental hygienists, approved February 25, 1949 (Ga. L. 1949, p. 1192), as amended, 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, is hereby amended by striking Code Chapter 84-7, relating to dentists, in its entirety, and inserting in lieu thereof a new Code Chapter 84-7, to read as follows: CODE CHAPTER 84-7 DENTISTS AND DENTAL HYGIENISTS 84-701. `Practice of dentistry' defined; prima facie evidence of practice .All persons who shall charge a fee or salary or any other reward, whether paid or unpaid to anyone directly or indirectly, for operations or parts of operations of any kind in the treatment of diseases or lesions of the

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human mouth, teeth, gums or jaws, or extract teeth or attempt to correct the malposition thereof, or who shall fill or crown a human tooth or teeth, or do any operation whatsoever on the human tooth, or teeth, gums or jaws, or who shall make examination of any human tooth, teeth, gums or jaws or take an impression thereof for the purpose of treating or operating upon the same, or who shall make or repair appliance usable on teeth or as teeth, unless said appliances are ordered by and returned to a licensed dentist; or who shall diagnose dental radiographs or make radiographs, except for use by a licensed dentist; or a licensed physician, or who shall by any means whatsoever make it known, or imply that he will do such operations, shall be held to be practicing dentistry. Proof of any one or all of the acts mentioned in this section shall constitute prima facie evidence of the practice of dentistry, provided that nothing herein contained shall prevent any regularly licensed physicians in extracting teeth or performing surgical operations and in charging therefor. The provisions of this section are severable, and if any of its provisions are declared unconstitutional, the decision so holding shall not be construed as impairing or altering any other of its provisions. 84-702. Georgia Board of Dentistry; creation; members designated; terms of office; vacancies; eligibility; power to seek injunction to prevent improper practices .A board to be known as the Georgia Board of Dentistry is hereby created. Said board shall consist of nine members to be appointed and commissioned by the Governor as follows: The Georgia Dental Association shall, at each annual meeting, nominate four reputable practicing dentists for each expired or next expiring board member's term, and from each group of four dentists so nominated the Governor shall appoint one to said board to serve five years and until his successor is appointed. The terms of the members of the board shall be for a period of five years. In the case of a vacancy by death or resignation of a member or increase in the legal size of said board, each vacant place shall be filled by appointment of the Governor from a group of four dentists selected by the president of the Georgia Dental Association

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for each vacancy: Provided, however, that no one shall be eligible as a member of said board unless he shall be a citizen of the State of Georgia and shall have lawfully engaged in the practice of dentistry for five or more years at the time of his appointment and shall not be financially interested in, nor connected with, any dental college. The Georgia Board of Dentistry shall be a budget unit as defined in Code Chapter 40-4, known as the `Budget Act', as the same may now or hereafter be amended. The Georgia Board of Dentistry herein created may bring an equitable proceeding to enjoin by writ of injunction any person, firm or corporation, who without being licensed or registered to do so by said board engages in or practices in the profession of dentistry herein regulated. The proceeding shall be filed in the county in which such person resides or in the case of a firm or corporation, where said firm or corporation maintains its principal office, and unless it shall be made to appear that such person, firm or corporation so engaging or practicing dentistry is licensed or registered the writ of injunction shall be issued and such person, firm or corporation perpetually enjoined from said activities throughout the State. It shall not be necessary in order to obtain the equitable relief herein provided for the Georgia Board of Dentistry to allege and prove there is no adequate remedy at law. It is hereby declared that such unlicensed activities are a menace and a nuisance dangerous to the public health, safety and welfare. 84-702.1. Rules and regulations affecting dental hygienists, dental assistants or other persons .In order to protect and promote the public health and welfare of the citizens of this State, the board shall prescribe by rule or regulation those acts, services, procedures and practices which may be performed by dental hygienists, dental assistants or other persons at the direction of and under the supervision of a licensed dentist, and shall impose such requirements and restrictions, including the degree of supervision required, on the performance thereof by such dental hygienists, dental assistants and other persons, as it shall deem necessary and proper.

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84-703. Filing of addresses by members of board; notice to members .Each member of the board shall, upon the receipt of his commission, file with the Joint Secretary, State Examining Boards, his post office address and thereafter a notice of any change therein, and any notice mailed to such address by such Secretary shall be deemed to comply with the requirements of this law as notice to him. 84-704. Officers of board .The Georgia Board of Dentistry shall elect from its members a president and such other officers as the board in its discretion may see fit. 84-704.1. Executive director and other personnel; powers, duties and compensation .(a) The board shall perform such duties, and possess and exercise such powers, relative to the protection of the public health, and the control and regulation of the practice of dentistry as this Chapter prescribes and confers upon it and shall have the power to carry out investigations, either through the joint secretary or independently. (b) The board shall recommend to the Secretary of State the employment or appointment, and the Secretary of State shall appoint or employ such personnel, including but not limited to an executive director, secretaries, and an investigator or may contract for the services thereof, as may be necessary to assist the board in exercising or performing any and all of the powers, duties and obligations set forth in this Chapter: Provided, however, that the board and the Secretary of State must concur as to the individuals appointed unless the board waives its right to recommend named individuals. Personnel appointed or employed by the board shall be paid such salary or per diem as the board shall recommend and the Secretary of State shall approve, and all such personnel shall receive the necessary expenses incident to carrying out the duties imposed upon them by the board. Such personnel may but need not be practicing dentists; and investigators may be appointed or employed either permanently or temporarily. All such personnel shall be agents of the board and shall be authorized to perform any and all such powers, duties and obligations of the board as the board may direct. All personnel appointed or employed after July

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1, 1974, shall be in the unclassified service as defined in an Act approved March 13, 1975 (Ga. L. 1975, p. 79), as the same may now or hereafter be amended, relating to the State Merit System. 84-704.2 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 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 section shall be construed to make any investigator provided for by this section eligible for membership in the Peace Officers' Annuity and Benefit Fund. 84-705. Time and place of meetings of board .It shall be the duty of said Georgia Board of Dentistry to meet annually at the close of the session of a majority of the dental colleges and to hold such other meetings as the duties of the board may require. It shall also be the duty of said board to meet in any called meeting that may be ordered in writing by not less than three members of said board, or by its president, upon not less than 15 days' notice in writing, stating the time, place and object of such called meeting. 84-706. Quorum of board; adjournments .Five members of the board shall constitute a quorum for the transaction of

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business at any meeting of the board, and should a quorum not be present on the day appointed for such meeting, those members present may adjourn the meeting from time to time until a quorum is present. 84-707. Duty of board as to examination of applicants for licenses to practice dentistry; minutes; bylaws; seal .It shall also be the power and duty of said board at its annual meeting at the State Capitol and at such other times and places as it may direct, to examine all applicants for license to practice dentistry who are entitled under this law to be so examined, and to issue license to practice dentistry according to the provisions of this law; to make all necessary bylaws and rules for the government of said board and the performance of its duties, and to have and use a common seal bearing the name `Georgia Board of Dentistry'. It shall be the duty of the Joint Secretary, State Examining Boards, to collect and apply all fees as directed by this law and by Chapter 84-1; to keep a book showing the names of all persons to whom licenses have been granted by said board to practice dentistry; to keep a book of the names, arranged in alphabetical order, of all persons authorized to practice dentistry, and to keep minutes and a record of all the acts of said board and such other books and records as may be necessary to show the acts of said board. 84-708. Books and records of board .It shall be the duty of the Joint Secretary, State Examining boards, to keep at his office the minutes of said board, together with all books and records of said board, which said books and records shall be public records, open to the inspection of the public, except on Sundays and legal holidays. A copy of all or any part of any record or book certified by such secretary, with the seal of said board attached, shall be primary evidence in any court, and it shall be the duty of such secretary to furnish to any person making application therefor, a copy of any part or all of any record or book of said board upon the applicant's paying a fee of 15 cents per 100 words so copied, all of which copies shall be certified by such secretary and be under the seal of said board. 84-709. Eligibility of applicants for licenses to practice

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dentistry; moral character; education; grade required .Applicants to practice dentistry who furnish satisfactory evidence of good moral character, of having been graduated from a school of dentistry, whose term and curriculum is equal to that of a majority of the schools of dentistry in the United States, and who shall have received a general average of at least 75 per cent on the board examinations shall be granted licenses to practice dentistry. All applications to the Georgia Board of Dentistry for a license shall be made through the Joint Secretary, Secretary, State Examining Boards, who shall then submit all such applications to the Georgia Board of Dentistry for review and approval. These applications shall be received by the Joint Secretary not later than 45 days before the date set for the next session of the board. Notwithstanding any other provision, no person shall be allowed to take the examination unless such applicant is a citizen of the United States. 84-710. License of dentists of other states without examination .Said board may, without examination, issue a teacher's license to dentists holding a dental license from another state for the sole purpose of teaching or demonstrating dentistry in a regularly licensed dental college or clinic in the State. Said board may issue without examination a license to dentists for the sole purpose of practicing public health dentistry in official State or local health department or to render dental services to patients in State operated eleemosynary institutions providing these dentists possess a license in another state and have graduated from an accredited school of dentistry. The cost of said teacher's or public health dentist's license to be $25. Said board may, also, in its discretion, enter into an agreement with any similar board of any other state to the effect that the parties to such agreement, under the conditions therein stipulated, will grant licenses to practicing dentists on the faith of a license granted by either party to said agreement. 84-711. Registration of licenses .All persons licensed to practice dentistry shall cause their licenses to be registered by the clerk of the superior court in the county or counties

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in which they may desire to practice dentistry, before beginning such practice. Anyone who does not desire immediately to practice dentistry upon the issuance of a license to him shall, if a resident of this State, cause the same to be registered in the office of the clerk of the superior court in the county of his residence, and, if a nonresident, in the office of the clerk of the superior court of Fulton County. Should such persons subsequently desire to practice dentistry in this State, they shall, before the beginning of such practice, cause their licenses to be registered in the county or counties in which they desire to practice. All persons to whom licenses may be granted shall register the same as herein provided within six months from the date of issuance thereof, whether practicing or not, and pay the said clerk of the superior court a fee of 50 cents for said service, and the failure of anyone to so register his license shall work a forfeiture thereof, and the same shall become null and void, but may be restored by paying to the Joint Secretary, State Examining boards, the sum of $20. 84-712. Certificate for registration of licenses to practice .The board shall prescribe a form of certificate for registration with the clerk of the superior court, and a copy shall be furnished anyone by the joint secretary upon demand, upon payment of a fee of 50 cents. 84-713. Applications for licenses to practice; fees, expenses, and annual report of board .All applications to the Georgia Board of Dentistry shall be made through the joint secretary. Each person applying for examination for license to practice dentistry shall, at the time of making his application, pay to the joint secretary a fee to be set by the board; and each person applying for the renewal of a license or authority to practice dentistry or for the establishment of a license or authority that has been lost shall, at the time of making his application, pay to the joint secretary a fee to be set by the board. Such fee shall cover the entire service for granting or issuing licenses to practice dentistry. The compensation of each member of the Georgia Board of Dentistry will be set as a salary of $25 per day for each day spent in the duties of the board and in attendance of

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board meetings; and, in addition thereto, he shall receive actual expenses while in attendance upon meetings. The president of the board may authorize payment of expenses of board members to meetings with boards of other states, to the meeting of the American Association of Dental Examiners, the annual membership dues to the association, and all other incidental expenses for any and all meetings where attendance is authorized by the president of the board. The board shall make an annual report of its proceedings to the Georgia Dental Association, including all moneys received and disbursed under the provisions of this Chapter. 84-714. Names of practitioners on signs, etc. All signs, cards, announcements or methods used to state or imply that dentistry may or will be done by anyone at any place in this State shall also include the full names of each individual practicing dentistry in such place. 84-714.1. Damages for action of peer review committee or board .No dentist licensed under Chapter 84-7 and acting or serving on a peer review committee or board or hospital review committee shall be liable for damages for any action of such board or committee or for any official action taken or recommendation made as a member of such board or committee. 84-715. Census of practicing dentists; publication of names; expense .The Georgia Board of Dentistry may, through its members or other suitable persons, from time to time, take a census of all practicing dentists of any locality, city or county in the State when it may consider it necessary for the purpose of carrying out the provisions of this Chapter, and said board may at any time cause the names of all regularly licensed dentists in any locality, city or county, to be posted or published, and said board is authorized to pay for taking such census and posting or publishing such names. 84-716. Notice and hearing of charges against licentiates; certiorari .(a) Proceedings under this Chapter shall be taken by the Georgia Board of Dentistry from matters

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within its knowledge or upon accusation based upon information of another. Said accusation must be in writing and under oath verified by the person making the same. If by a member of the board, he shall be disqualified from sitting in judgment at the hearing of said accusation. Upon receiving any such accusation, the board shall serve notice of the time, place of the hearing and a copy of the charges upon the accused at least 30 days before the date of hearing. (b) The board for sufficient cause may postpone or continue said hearing from time to time in its discretion, or if after proper notice no appearance is made by the accused, it may enter judgment at the time of hearing as prescribed herein, either by suspending or revoking the license of accused. Both the board and accused may have benefit of counsel. The board shall have power to administer oaths, take depositions and compel attendance of witnesses as in civil cases by subpoena issued by the secretary of the board under the seal of the board and in the name of the people of Georgia. (c) A record of all hearings and judgments shall be kept by the board and in event of suspension or revocation of license, the board within 10 days shall transmit a certified copy of said judgment to the clerk of superior court of the county or counties in which the license of the licensee affected is recorded. In case of suspension or revocation of license by the board the party affected shall have the right of certiorari to the superior court of the county of his residence as is provided by the laws of Georgia. 84-717. Enforcement of law by board .For the purposes of carrying out the provisions of this Chapter, the Georgia Board of Dentistry is empowered to enforce the same by prosecution or otherwise and to authorize the payment of expenses incurred in prosecuting cases, out of the funds collected under the provisions of this Chapter. 84-718. Enforcement of orders of board .The board shall have the power to enforce any and all of its lawful orders or subpoenas and to punish as for a contempt anyone obstructing or violating same, and shall also have the power

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to conduct any and all hearings before it in an orderly and legal manner, and to punish anyone as for a contempt who may attempt to or who shall interfere with or in any manner obstruct such hearing, and may also punish as for a contempt any act of indecorum or discourtesy committed in the presence of the board when in session. The said board may fine anyone by exceeding $100 for a contempt, and in default of the payment thereof may commit the offender to any common jail for not more than 10 days. 84-719. Service of orders and subpoenas of board .It shall be the duty of the several sheriffs, their deputies and the constables to serve any and all lawful orders and subpoenas of said board, and said board may appoint any person to serve such orders and subpoenas, whose duty it shall be to execute the same. 84-720. Notice or legal process, service .All orders and processes of the board shall be signed and attested by the Joint Secretary, State Examining Boards, in the name of the Georgia Board of Dentistry with its seal attached, and any notice or legal process necessary to be served upon the board may be served upon such secretary. 84-721. Practitioner's fees, collection .No one practicing dentistry without first complying with the provisions of this Chapter shall be entitled to collect any fee or reward for his services. 84-722. College clinics .Nothing in this Chapter shall prohibit regularly chartered dental colleges or dental departments of reputable colleges and universities from maintaining college clinics under the supervision of registered demonstrators, nor shall this Chapter prevent regularly licensed dental practitioners of other states and countries from giving clinics before any dental society or association of this State whose objects are the advancement and improvement of dentistry as a science. Nothing in this Chapter shall prevent regularly chartered and accredited dental schools or colleges in this State from establishing and collecting charges for services rendered by

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training students under the supervision of a licensed demonstrator. These charges shall not exceed charges made by similar dental schools and colleges located within the United States. 84-723. Application of law to physicians and others .The provisions of this Chapter shall not apply to regularly licensed physicians in extracting teeth or performing surgical operations and in charging therefor; and the same shall not apply to any person extracting teeth without fee or reward. 84-724. Revocation or suspension of license; causes for .(a) The Georgia Board of Dentistry shall have power and authority and it shall be their duty to suspend for a period of not over 12 months, or to revoke the license of, any dentist in Georgia, if after a hearing by the Georgia Board of Dentistry he is found guilty by majority of the board of any of the following acts: (1) Of having been convicted of committing a misdemeanor or felony involving moral turpitude, in which case the record of conviction or a copy thereof, certified by the clerk of the court or judge in whose court the conviction occurred, shall be sufficient evidence of guilt. (2) Either directly or indirectly practicing dentistry under a trade name or corporate name: Provided, however, that this section shall not be construed to mean that dentists may not incorpoate pursuant to any laws in this State which provide for such incorporation by dentists: and further Provided that any dentist or dentists who incorporate pursuant to any laws in this State which provide for such incorporation by dentists, may only use the name or names of the incorporating dentist or dentists, and may not use a trade name or corporate name: and further Provided that this section shall not be construed as amending or modifying the present law relating to clinics as set out in Code section 84-722. (3) Of having cheated in examinations before the board; or of lending, renting or selling a dental license or diploma.

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(4) Of gross inefficiency or gross negligence in the performance of those specified acts set out in Code section 84-701; or unprofessional dental conduct. `Unprofessional dental conduct' shall mean: (A) Gross indecency, or gross uncleanliness, or habitual intemperance or addiction to drugs to such an extent as to make him unsafe to render dental services; or (B) Employing directly or indirectly any suspended or unlicensed dentist, dental hygienist, dental assistant or other person to perform dental operations; or (C) Soliciting dental business directly or indirectly by himself or through an agent, by the use of cards, letters, circulars, publications, pictures, radio, displays or signs: Provided, however, that a licensed dentist may display his personal name, title, profession, name of specialty to which he limits his practice, address, telephone number and office hours, but nothing more, on a professional type card, on the doors and windows of his office, in any publication, upon a usual type professional sign in front of his office entrance or building entrance and on the office building directory; and, Provided further that a licensed dentist may advise the public of the recent opening of his office, or a change of address of his office, or an absence from or return to his office or practice, either by mail, or in the social notice column or similar column or any publication. (5) Of failing to register with the joint secretary as required by law: Provided, however, that for a period of 12 months after failure to register, a license may be reinstated by payment of a registration fee to be determined by the board by rule not to exceed $100, and by filing of a special application therefor. After this period of 12 months has elapsed, a license may be revoked for failure to register and for failure to pay the fee as provided by law: Provided, that a registered letter has been sent to the dentist informing him that this action is pending in time for him to make payment. Any license revoked under the terms of this section may be reinstated only upon an applicant's taking

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the examination required by section 84-713 and paying the fees prescribed by law therefor. (6) Sustaining a physical or mental disability which renders further practice dangerous to himself or to his patients. (7) The clearly excessive prescribing or administering of drugs or treatment and the use of diagnostic procedures which are detrimental to the patient as determined by the customary practice and standards of the local community of licensees. (b) (1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this section, the board may take any one or more of the following actions: (A) Refuse to grant a license to an applicant; or (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licentiate; or (C) Suspend any license for a definite period; or (D) Limit or restrict any license; or (E) Revoke any license; or (F) Condition the penalty, or withhold formal disposition, upon the dentist,'s dental hygienist's, dental assistant's, or other person's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board. (2) In addition to and in conjunction with the foregoing actions, the board may make a finding adverse to the licentiate or applicant, but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but

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suspend enforcement thereof and place the dentist, dental hygienist, dental assistant or other person on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c) In its discretion, the board may restore and reissue a license issued under this Chapter or any antecedent law, and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this Chapter. 84-725. Registration; fee .Every person licensed by this board to practice dentistry shall register biennially on the renewal date set by the joint secretary and shall pay to the joint secretary a biennial registration fee, which shall be set by the board, not to exceed $100. The board shall provide for penalty fees for late registration. 84-725.1. Conditional licenses .All holders of Georgia licenses to practice dentistry, who do not currently maintain residence and domicile in this State, shall be authorized to receive a conditional license as hereinafter set out. (a) Any dentist who does not currently maintain residence and domicile in this State shall be issued a conditional renewal certificate upon application for and payment of a fee to be set by the board by rule not to exceed $100 per year, in the manner and at the time as provided in section 84-725, requiring biennial registration of all dentists licensed to practice dentistry in this State, and said dentists who do not currently maintain residence and domicile in this State cannot practice in this State until the current renewal certificate is obtained. (b) No renewal certificate shall be issued to the holder of a conditional renewal certificate if, for good cause, the board determines that the applicant has not maintained the degree of professional skill and knowledge required when he was first licensed in this State, or has become physically or mentally incompetent, or has been guilty of immoral conduct. The board may, in its discretion, require said person to demonstrate to the board that he has maintained such professional skills and knowledge and has not been guilty

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of conduct which would warrant suspension or revocation of a license under Georgia laws. (c) Any holder of a conditional license must apply to the board in writing for consideration of issuance of a renewal certificate. 84-726. Dental hygienists; examination; license certificate .No person shall practice as a dental hygienist in the State of Georgia until such person has passed a written and a clinical examination conducted by the Georgia Board of Dentistry. The fee for such examination shall be $25, which fee shall be paid to the Joint Secretary, State Examining Boards, and shall not be refundable. The said Georgia Board of Dentistry shall issue licenses and license certificates as dental hygienists to those persons who have passed said examination in a manner satisfactory to the said board, which license certificate shall be posted and displayed in the place in which said hygienist is employed. 84-727. Dental hygienists; age; requirements .No person shall be entitled to, or be issued, such license and license certificate as set out in section 84-726 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 Georgia Board of Dentistry, which school conducts a course consisting of not less than one academic year for dental hygienists. 84-728. Same; work to be done under supervision of licensed dentist .Dental hygienists shall perform their duties only under the supervision of a licensed dentist, and no such person shall practice dentistry or do any kind of dental work other than to remove calcareous deposits, secretions, and stains from the normally exposed surfaces of the teeth, and to apply ordinary wash or washes of a soothing character, and to do sterilization and office routine. 84-729. Same; biennial registration .It shall be the duty of all licensed dental hygienists to re-register biennially on the renewal date established by the joint secretary and to pay to the joint secretary a biennial registration fee, which

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shall be determined by the board by rule, not to exceed $25. The license of any person failing to comply with the provisions of this section shall be suspended: Provided, however, that for a period of 12 months after failure to register, a license may be reinstated by payment of a registration fee to be determined by the board and the filing of a special application therefor. After this period of 12 months has elapsed, a license may be revoked for failure to register and for failure to pay the fee as provided by law, provided that a registered letter has been sent to the hygienist informing same that such action is pending in time for her to make payment. Any license revoked under the terms of this section may be reinstated only upon an applicant's taking the examination and paying the fees prescribed by law therefor. 84-730. Same; suspension; revocation of license .The Georgia Board of Dentistry shall have the power and authority and it shall be its duty to suspend for a period of not less than six months, or to revoke, the license of any licensed dental hygienist in Georgia if, after a hearing by said board, such person is found guilty of violating the provisions of section 84-727 or Section 84-728. 84-731. Same; restricted application of law .The provisions of sections 84-726 to 84-732 shall not apply to licensed dentists, nor shall they apply to regularly licensed physicians in extracting teeth or performing surgical operations and in charging therefor, nor to regularly chartered schools of dentistry. 84-732. Same; record of hearings and judgments; certiorari .A record of all hearings and judgments shall be kept by the board and in event of suspension or revocation of license, the board shall within 10 days transmit a certified copy of said judgment to the clerk of superior court of the county or counties in which the license of the licensee affected is recorded. In case of suspension or revocation of license by the board the party affected shall have the right of certiorari to the superior court in the county of his residence as is provided by the laws of Georgia. 84-733. Definition of dental specialities; rules and regulations .The

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Georgia Board of Dentistry is hereby authorized to provide by rule or regulation for definitions of the several dental specialties. Section 2 . The members of the Board of Dental Examiners of Georgia serving on the effective date of this Act shall constitute the Georgia Board of Dentistry, created by this Act, and shall continue in office as members of the Georgia Board of Dentistry until the expiration of their respective terms of office and until their respective successors are duly appointed and qualified. The rules and regulations of the Board of Dental Examiners of Georgia shall be the rules and regulations of the Georgia Board of Dentistry until repealed, altered or modified. All records, furniture, supplies and equipment of the Board of Dental Examiners of Georgia are hereby transferred to the Georgia Board of Dentistry. Section 3 . An Act relating to the licensing of dental hygienists, approved February 25, 1949 (Ga. L. 1949, p. 1192), as amended, is hereby repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. STATE-SUPPORTED MILITARY COLLEGESCERTAIN TUITION GRANTS AUTHORIZED, ETC. No. 973 (House Bill No. 1308). An Act to declare the intent of the General Assembly to encourage training and service in the military by authorizing tuition grants under certain conditions to students in the State-supported military college; to provide definitions; to provide for application for and administration of said grants; to authorize the promulgation of reasonable rules and regulations for carrying out the purposes of this Act; to provide for the return of grants under

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certain conditions; to provide for auditing; to provide for reduction of grants under certain conditions; to provide penalties; to specify the Constitutional authority for such grants; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Legislative intent . The General Assembly declares that it is essential for the national defense and for the defense of the State of Georgia that persons be encouraged to consider service in leadership positions in the military services of this country as an honorable and rewarding profession, and for such persons to be adequately prepared for such service. Georgia's only State-supported military college, North Georgia College, plays a significant role in promoting, preparing, and training students for life in the military as such a profession. It is thus appropriate that the General Assembly encourage enrollment in North Georgia College and in the military training programs offered at said college by authorizing tuition grants to eligible students so enrolled. Section 2. Amount of grant . There is hereby granted to each eligible student attending North Georgia College the sum of fifty dollars ($50.00) per academic quarter, which shall be distributed to the student as hereinafter provided. Section 3. Definition . The term eligible student as used herein shall mean any person who (a) is a citizen of Georgia at least 12 months prior to the date of registration at North Georgia College, and (b) enrolls or plans to enroll at North Georgia College for a minimum of twelve academic hours, and (c) enrolls or plans to enroll in the Army Reserve Officers Training Corps program at North Georgia College. Section 4. Applications for grants . The grants provided for herein shall be applied for by each person wishing to receive same and shall be administered by the Georgia Higher Education Assistance Authority (hereafter the

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Authority) pursuant to procedures devised and implemented by said Authority which are not in conflict with this Act. The Authority is authorized to promulgate such rules and regulations and define terms as may be reasonable and proper in order to carry out the provisions and purposes of this Act. The Authority shall not approve any grant until there has been received from an appropriate officer of North Georgia College a certification that the student applying for said grant is an eligible student. Upon receipt of such certification, in proper form, the Authority shall remit, at such times as it shall prescribe, said grant to said institution on behalf and to the credit of such student. Section 5. Return of grant when student not enrolled . In the event a student on whose behalf a grant is paid shall not enroll as an eligible 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 6. Audit . North Georgia College shall be subjected to examination by the State Auditor for the purpose of determining whether such institution has properly certified eligibility and enrollment of students and credited grants paid on the behalf of such students. However, nothing in this Act shall be construed to interfere with the authority of such institution to determine admissibility of students, nor to control their own curriculum, philosophy, purpose or administration. In the event it is determined that said institution knowingly or through error certified an ineligible student to be eligible for a grant hereunder, the amount of the grant paid to the institution pursuant to such certification shall be refunded by the institution to the Authority in accordance with regulations of the Authority. Section 7. Reduced grants when funds unavailable . In the event there are not enough funds to provide each eligible student with a full grant for the terms requested, each eligible student shall receive a reduced but equal share of funds then available for the remainder of the academic year within the fiscal period covered by the current appropriation. Section 8. Penalties . Any person who shall knowingly

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make or furnish any false statement or misrepresentation, or who shall accept such statement or misrepresentation knowing the same to be false, for the purpose of enabling an ineligible student to obtain wrongfully a grant hereunder, shall be guilty of a misdemeanor. Section 9. Constitutional authority for Act . This Act is pursuant to authority granted by Article VII, Section I, Paragraph II of the Constitution of Georgia, which amendment was approved April 5, 1972 (Ga. L. 1972, p. 1548), and which was ratified by the people of Georgia at the general election held November 7, 1972. Section 10 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. EDUCATIONAREA TRADE SCHOOLSSICK LEAVE PROVIDED EMPLOYEES, ETC. No. 974 (House Bill No. 1366). An Act to amend an Act authorizing and empowering the State Board of Education on behalf of the State of Georgia to set up, locate, maintain and operate area trade, vocational and industrial schools, approved March 8, 1945 (Ga. L. 1945, p. 229), as amended, so as to provide for sick leave for teachers, supervisors, directors and other employees of area trade schools; to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, particularly by an Act approved April 18, 1975 (Ga. L. 1975, p. 812) so as to change the provisions relative to the funds needed to pay sick and personal leave expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act authorizing and empowering the

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State Board of Education on behalf of the State of Georgia to set up, locate, maintain and operate area trade, vocational and industrial schools, approved March 8, 1945 (Ga. L. 1945, p. 229), as amended, is hereby amended by adding immediately following section 5 a new section to be designated section 5A to read as follows: Section 5A. (a) Each person employed on a full-time basis by an area trade, vocational and industrial school shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service, such leave to be cumulative over each school year; provided, however, unused sick leave may be accumulated under rules and regulations adopted by the area board or local board of education operating such school. Such an employee may utilize sick leave upon the approval of the director of the school in which such employee is employed for absence due to illness or injury or necessitated by exposure to contagious disease in which the health of others would be endangered by his attendance on duty, or to illness or death in the employee's immediate family. Employees shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays or other nonwork days. No employee utilizing sick leave under the provisions of this section shall be required to pay the cost of employing a substitute to serve in his absence on such sick leave. Sick leave. (b) During any school year, an employee covered by subsection (a) may utilize up to a maximum of three days of any accumulated sick leave for the purpose of absenting himself from his duties for personal or professional reasons, if prior approval of his absence is given by the director or his authorized representative. Section 2 . An Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, particularly by an Act approved April 18, 1975 (Ga. L. 1975, p. 812) is hereby amended by inserting in subsection (a) of section 16 between the figure 10 and the figure 12, the figure 11,

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so that when so amended subsection (a) of section 16 shall read as follows: (a) 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 10, 11, 12, 20, and 21, by a sum of money not less than $125. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use and expenditure of funds allotted under this section. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. INTOXICATING BEVERAGESCERTAIN DISTRIBUTION OF MALT BEVERAGES BY COMMON CARRIERS AUTHORIZED. No. 975 (House Bill No. 1394). An Act to amend an Act relating to malt beverages taxes, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended by an Act approved March 30, 1937 (Ga. L. 1937, pp. 148, 153), and as amended particularly by an Act approved April 5, 1971 (Ga. L. 1971, pp. 571, 572), so as to provide for the authorization of distribution or sale of malt beverages in various container sizes by certain common carriers; to provide for the payment of taxes by such carriers in connection with such distributions or sales; to provide for reports by such carriers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to malt beverage taxes, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended by

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an Act approved March 30, 1937 (Ga. L. 1937, pp. 148, 153), and as amended particularly by an Act approved April 5, 1971 (Ga. L. 1971, pp. 571, 572), is hereby amended by adding an additional paragraph to section 17B as follows: Nothing contained herein shall prohibit the Commissioner from authorizing the distribution or sale of malt beverages in various size containers by licensed airlines and railway passenger carriers. Such carriers shall obtain from the Commissioner annually, under such regulations as he deems necessary, and for the fee of twenty-five dollars, an authorization for such business, and such carriers shall pay taxes in the proper amounts on such containers as are distributed or sold in or over the State of Georgia. Such carriers shall also file reports of all such distributions or sales of such containers to the Revenue Commissioner on or before the 15th day of the month subsequent to the month of such distribution or sale and shall remit the proper tax for such distribution or sales at such times. Such carriers shall further report to the Commissioner such other information as the Commissioner may deem necessary for the purposes of the Act. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. INTOXICATING BEVERAGESCERTAIN WINE DISTRIBUTION BY COMMON CARRIERS AUTHORIZED. No. 976 (House Bill No. 1395). An Act to amend an Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. L. 1937,

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p. 851), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, pp. 663, 664), so as to provide for the authorization of distribution or sale of wine in various container sizes by certain common carriers; to provide for the payment of taxes by such carriers in connection with such distributions or sales; to provide for reports by such carriers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. L. 1937, p. 851), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, pp. 663, 664), is hereby amended by adding an additional paragraph to section 6 as follows: Notwithstanding any other provision to the contrary, nothing contained herein shall prohibit the Commissioner from authorizing the distribution or sale of wine in various size containers by licensed airlines and railway passenger carriers. Such carriers shall obtain from the Commissioner annually, under such regulations as he deems necessary, and for the fee of five dollars, an authorization for such business, and such carriers shall pay taxes in the proper amounts on such containers as are distributed or sold in or over the State of Georgia. Such carriers shall also file reports of all such distributions or sales of such containers to the Revenue Commissioner on or before the 15th day of the month subsequent to the month of such distribution or sale and shall remit the proper tax for such distribution or sales at such time. Such carriers shall further report to the Commissioner such other information as the Commissioner may deem necessary for the purposes of this Act. 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, 1976.

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PARENTAL LIABILITY FOR MINOR CHILDREN'S TORTS ACTPROVISIONS CHANGED, ETC. No. 977 (House Bill No. 1405). An Act to amend an Act providing that every parent or other persons in loco parentis having in custody and control over a minor child or children under the age of seventeen shall be liable for the willful and wanton acts of said minor child or children resulting in injury or damage to the person or property, or both, of another, approved March 10, 1966 (Ga. L. 1966, p. 424), so as to change the age provision relative to minor children; to limit the liability of the parent or person in loco parentis to a certain maximum amount and to certain types of acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The legislature's intent in passing this Act is to provide for the public welfare and aid in the control of juvenile delinquency, not to provide restorative compensation to victims of injurious or tortious conduct by children. Intent. Section 2 . An Act providing that every parent or other person in loco parentis having in custody and control over a minor child or children under the age of seventeen shall be liable for the willful and wanton acts of said minor child or children resulting in injury or damage to the person or property, or both, of another, approved March 10, 1966 (Ga. L. 1966, p. 424), 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. Every parent or other person in loco parentis having the custody and control over a minor child or children under the age of eighteen shall be liable in an amount not to exceed five hundred dollars ($500.00) for the willful or malicious acts of said minor child or children resulting in damage to the property of another. This Act shall be cumulative and shall not be restrictive of any remedies now available to any person, firm or corporation for injuries or

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damages arising out of the acts, torts or negligence of a minor child under the `family-purpose car doctrine' or any statutes now in force and effect in the State of Georgia. Damage. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. AGRICULTUREGRAIN DEALERS REGULATED. No. 978 (House Bill No. 1422). An Act to provide for the licensing and bonding of Grain Dealers; to provide for definitions; to provide for exceptions; to provide for licenses and applications for such licenses; to provide for requirements for licensees; to provide for certified public weighers; to require certain scales; to provide for weighing; to provide for complaints; to provide for practices and procedures; to provide for reports and payments; to provide for a bond, its form and amount; to provide for actions on such bonds; to provide for records; to provide for investigations of such records and a procedure connected therewith; to provide for the denial, suspension and revocation of licenses and procedures connected therewith; to provide for enforcement; to provide for employment of help and services; to provide for rules and regulations; to provide for violations; to provide for penalties; to provide for injunctions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . As used in this Act the following words and terms, shall have the following meanings, unless their use in context clearly requires otherwise: Definitions. (a) Grain Dealer means any person, association, itinerant dealer, copartnership or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating,

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or soliciting the sale, resale, exchange, or transfer of any grain purchased from the producer or his agent or representative or received on consignment from the agent or representative or received on consignment from the producr or his agent or representative or received to be handled on a net return basis from the producer. (b) Commissioner means the Commissioner of Agriculture of the State of Georgia. (c) Grain as used in this Act shall include all products commonly classed as grain, wheat, corn, oats, barley, rye, field peas, soybeans, clover, grain sorghum, but shall not include grain which has been produced or packaged for purchase or distribution as seed. (d) On Consignment means any receiving or sale of grain for the account of a person, other than the seller, wherein the seller acts as the agent for the owner. (e) Producer means any producer of grain. Section 2 The provisions of this Act shall not apply to: Exemptions. (a) Farmers in the sale of grain grown by themselves. (b) All persons who buy for cash; that is, those who pay at the time of the purchase in United States currency, certified check, cashier's check or their equivalent. Section 3 . From and after July 1, 1976, it shall be unlawful for any dealer in grain, who comes within the terms of this Act to engage in such business in this State without a State license issued by the Commissioner. Section 4 . Every grain dealer desiring to transact business within the State of Georgia shall file an application for a license with the Commissioner. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state: License.

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(1) name of business; (2) business address of applicant; (3) complete telephone number of applicant; (4) type of ownership, whether individual, partnership, corporation or other; (5) name of owner, if partnership or corporation, name of partners or stockholders; (6) names of certified public weighers; (7) name of manager; and (8) dollar value of business transacted for the highest month during the preceding calendar year from producers. Section 5 . Unless the Commissioner refuses the application on one or more of the grounds hereinafter provided, he shall issue to such applicant, upon the execution and delivery of a bond as hereinafter provided, a State license entitling the applicant to conduct business as a dealer in grain. No fee for such license shall be charged and such license shall be valid until revoked or suspended as provided herein. Section 6 . Before any license shall be issued the applicant shall make and deliver to the Commissioner a surety bond in the amount of 12% of the dollar value of the business transacted for the highest month of sales during the previous calendar year from producers; provided, that, the minimum amount of such bond shall be $5,000.00 and the maximum amount of such bond shall be $100,000.00. This bond shall be executed by a surety corporation, authorized to transact business in the State of Georgia. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for, and payment to, the producers, their agents or representatives, of the proceeds of all grain handled or sold by such dealer. In lieu of such bond, the Commissioner may accept a cash bond, which shall be subject, in all respects,

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to the same claims and actions as would exist against a surety bond. Bond. Section 7 . All grain purchased from a producer by a dealer licensed under this Act shall be weighed by a Certified Public Weigher, licensed in accordance with Ga. L. 1949, p. 1179, known as Certified Public Weighers Act, as amended. Section 8 . Each grain dealer under this Act must be equipped or have available to him suitable scales in good order and so arranged that all grain can be weighed by the dealer. The scales of any such dealer, or scales used by such grain dealer, shall be subject to examination by representatives of the Commissioner or disapproval by the Commissioner. If the Commissioner disapproves of any weighing apparatus, it shall not therefore be used in ascertaining the weight of grain for the purpose of this Act, or until such disapproval be withdrawn. Scales. Section 9 . Any person claiming to be aggrieved by any breach of the conditions of a bond given by a licensee as hereinbefore provided may enter a complaint thereof to the Commissioner, which complaint shall be a written statement of the facts constituting said complaint. Upon filing such complaint in the manner herein provided, the Commissioner shall investigate the charges made, and at his discretion order a hearing before him or his hearing officer, giving all parties concerned notice of the filing of such complaint and the time and place of such hearing. At the conclusion of said hearing the Commissioner shall report his findings and render his conclusion upon the matter complained of to the complainant and respondent in each case, who shall have fifteen (15) days following such report in which to make effective and satisfy the Commissioner's conclusions. If such settlement is not effected within the time aforesaid, the Commissioner or the producer may institute appropriate legal proceedings to enforce the claim. If the producer is not satisfied with the ruling of the Commissioner, he may commence and maintain an action against the principal and surety on the bond of the parties complained of as in any civil action. If the bond or collateral posted shall be insufficient

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to pay the valid claims of producers in full, the Commissioner may direct that the proceeds of such bond shall be divided pro rata among such producers. Complaint. Section 10 . Every dealer in grain, upon the receipt of grain products on a consignment basis and as he handles and disposes of the same, shall make and preserve for at least one year a record thereof, specifying the name and address of the producer consigning such grain, the date of receipt, the kind and quality of such grain, the amount sold, the name and address of the purchaser, except that where sales total less than five dollars in value, such sales may be made to order of cash, the selling price, thereof, and the items of expenses connected therewith. An account sales, together with payment in settlement for said shipment, shall be mailed to the producer within forty-eight hours after the sale of such grain, unless otherwise agreed to in writing. Records. Section 11 . Upon complaint of any interested person or upon his own initiative, the Commissioner shall have the power to investigate the record of any applicant or licensee, or any transaction involving the solicitation, receipt, sale or attempted sale of grain, the failure to pay proper and true accounts and settlements at prompt and regular intervals, the making of false statements as to condition, quality or quantity of grain received or while in storage, the making of false statements as to market conditions with intent to deceive, or the failure to make payment for grain received, or other alleged injurious transactions. For such purposes the Commissioner or his agents may examine, at the place or places of business of the applicant or licensee, his ledgers, books of accounts, memoranda, and other documents which relate to the transaction involved, and may take testimony thereon under oath. Powers. Section 12 . The Commissioner may decline to grant a license or may suspend or revoke a license already granted if he is satisfied that the applicant or licensee has either: License revocation, etc. (1) suffered a money judgment to be entered against him upon which execution has been returned unsatisfied; or

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(2) made false charges for handling or services rendered; or (3) failed to account promptly and properly, or to make settlements with any producer; or (4) made any false statement or statements as to condition, quality or quantity of grain received or held for sale when he could have ascertained the true condition, quality or quantity by reasonable inspection; or (5) made any false or misleading statement or statements as to market conditions or service rendered; or (6) been guilty of a fraud in the attempt to produce or the procurement of a license; or (7) directly or indirectly sold grain received on consignment or on a net return basis for his own account, without prior authority from the producer, consigning the same, or without notifying such producer; or (8) through any other action, violated any of the provisions of this Act. Section 13 . Before the Commissioner shall refuse a license or revoke any license he shall give ten days' notice, by registered mail, to the applicant or licensee of a time and place of hearing. At such hearing the applicant or licensee shall be privileged to appear in person or by or with counsel and to produce witnesses. If the Commissioner shall find the applicant or licensee to be in violation of the provisions of this Act, the Commissioner may refuse, suspend or revoke such license, and shall give immediate notice of his action to the applicant or licensee. Notice. Section 14 . The Commissioner shall adopt rules and regulations deemed necessary to carry out the provisions of this Act and enforce such rules and regulations. Rules. Section 15 . The Commissioner may employ all help and services necessary to carry out and enforce the provisions of this Act and fix their compensation.

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Section 16 . (a) Any dealer in grain violating the provisions of this Act, or interfering with an agent of the Commissioner in the enforcement of this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided by law. Penalty. (b) In addition to the remedies provided in this Act and notwithstanding the existence of any adequate remedy at law, the Commissioner is hereby authorized to apply by a bill in equity to the Superior Court, and such Court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this Act or for failing or refusing to comply with the requirements of this Act or any rule or regulation adopted by the Commissioner as provided in this Act, such injunction to be issued without bond. Section 17 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. REVENUECOUNTIESMUNICIPALITIESINFORMATION REQUIRED ON TAX NOTICES. Code Title 92 Amended. No. 979 (House Bill No. 1428). 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

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the end of Code section 92-5703, relating to levy of ad valorem taxes, to read as follows: The notice of ad valorem taxes due sent to taxpayers of counties and municipalities shall include thereon both the fair market 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 exceeds 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 fair market 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

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duties of county boards of tax assessors, after the words property classifications, the following: , the fair market 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 content . 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 fair market 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 upon approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . An Act approved April 24, 1975 (Ga. L. 1975, p. 1083) is hereby repealed in its entirety. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976.

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DEEDS, ETCRECORDINGEXECUTION BEFORE CERTAIN OFFICER OF ANOTHER COUNTY. Code 29-407 Amended. No. 980 (House Bill No. 1433). An Act to amend Code section 29-407, relating to recording deeds, mortgages, bonds for title or other registrable instruments in one county when the execution is before an officer of another county without jurisdiction, so as to provide for a definition; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 29-407, relating to recording deeds, mortgages, bonds for title or other registrable instruments in one county when the execution is before an officer of another county without jurisdiction, is hereby amended by adding at the end thereof the following: As used in this section `State' shall mean and include any one of the states of the United States, and in addition the District of Columbia, Puerto Rico, the Virgin Islands and other territories and possessions of the United States of America., so that when so amended Code section 29-407 shall read as follows: 29-407. Record in one county when execution is before officer of another county without jurisdiction .Wherever any such instrument appears by the caption only to be executed in one State or one county, and the official attesting witness appears to be an officer of a different State, or of another county, not having jurisdiction to witness deeds, mortgages, bonds for title and other registrable instruments in the State or county, named in the caption, the same shall be conclusively considered and construed to have been attested by the officer in the State and county in which he had authority to act, the caption to the contrary notwithstanding. Such deed, mortgage, bond for title or other registrable instrument so witnessed shall be entitled

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to record if in other respects it is so entitled. As used in this section `State' shall mean and include any one of the states of the United States, and in addition the District of Columbia, Puerto Rico, the Virgin Islands and other territories and possessions of the United States of America. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. CONSERVATION RANGER ACT. No. 981 (House Bill No. 1491). An Act to amend an Act to authorize the Commissioner of the Department of Natural Resources, to appoint conservation rangers, approved April 19, 1973 (Ga. L. 1973, p. 1483), as amended, by an Act approved April 2, 1974 (Ga. L. 1974, p. 1453), so as to provide a short title; to provide that conservation rangers, or deputy conservation rangers may arrest persons accused of violating any law which such officers are empowered to enforce 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; 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 to authorize the Commissioner of the Department of Natural Resources to appoint conservation rangers, approved April 19, 1973 (Ga. L. 1973, p. 1483), as

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amended, by an Act approved April 2, 1974 (Ga. L. 1974, p. 1453), is hereby amended by redesignating section 1 as section 1A and by adding a new section 1 to read as follows: Section 1. This Act shall be known and may be cited as the `Conservation Ranger Act'. Section 2 . Said Act is further amended by adding a new section between sections 4 and 5, to be designated section 4A, and to read as follows: Section 4A. Notwithstanding any other provision of any law to the contrary, conservation rangers and deputy conservation rangers, when authorized to do so by the Board, may arrest persons accused of violating any law or regulation which such officers are empowered to enforce by the issuance of a citation, providing said offense is committed in the presence of said officer, or information concerning said offense constituting a basis for arrest was received by the arresting officer from a law enforcement officer observing the offense being committed. 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 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. 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. Arrests. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. DEPARTMENT OF PUBLIC SAFETYUNIFORM DIVISION ELIGIBILITY REQUIREMENTS ESTABLISHED. No. 982 (House Bill No. 1493). 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 January 30, 1945 (Ga. L. 1945, p. 117) and an Act approved February 2, 1949 (Ga. L. 1949, p. 70), so as to establish the eligibility requirements for appointment to the Uniform Division of the Department of Public Safety; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved January 30, 1945 (Ga. L. 1945, p. 117) and an Act approved February 2, 1949 (Ga. L. 1949, p. 70), is hereby amended by striking section 3 of Article 2 in its entirety and substituting in lieu thereof a new section 3, to read as follows: Section 3. (a) No person shall be eligible for appointment as an officer or trooper of the Uniform Division of the Department of Public Safety designated as the Georgia State Patrol, unless such person shall be a native-born citizen of the United States, preferably of Georgia, of good health and good moral character, and not less than 21 years of age nor more than 36 years of age at the time of enlistment. Any person or persons who are classed as specialists or experts in any particular field in connection with police

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work shall be eligible for appointment or enlistment in the Uniform Division of the Department of Public Safety designated as the Georgia State Patrol without being required to meet physical requirements under the rules and regulations of the Department of Public Safety. The age limits here given shall not apply to the Commissioner and Deputy Commissioner of the Department of Public Safety, but are as given elsewhere. In the event any person shall be appointed or enlists as a specialist or expert and such person, at the time of his appointment or enlistment, had a physical disability, such person shall not be eligible at a later date to be retired due to such disability. Eligibility. (b) No former member of the National Guard of this State or of any other state, or of the Army, Navy or Marine Corps, or of any other law enforcement agency of the United States or the various states thereof, who has been discharged with a character less than `Excellent', nor any former member of the Georgia State Patrol who shall have been discharged for cause, shall be eligible for appointment or reappointment to such Uniform Division of the Department of Public Safety. (c) In addition to the other qualifications named, such applicants for appointment to the Uniform Division of the Department of Public Safety shall possess a high school education or its equivalent and shall pass a mental and physical examination based upon the rules and regulations promulgated by the Commissioner of the Department of Public Safety, which requirements may not be changed within 12 months of any examination for employment of recruits, enlistment of troopers, or appointment of officers. The Commissioner shall fix salaries of all employees under this Chapter where not otherwise specified. 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, 1976.

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CERTAIN JUDICIAL CIRCUITSCERTAIN ASSISTANT DISTRICT ATTORNEYSCERTAIN COMPENSATION AUTHORIZED. No. 983 (House Bill No. 1531). 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 April 5, 1971 (Ga. L. 1971, p. 451), an Act approved March 20, 1974 (Ga. L. 1974, p. 360), and an Act approved April 18, 1975 (Ga. L. 1975, p. 821), so as to authorize the expenditure of State funds as partial compensation of an assistant district attorney employed pursuant to a federal grant where the State is by Federal law required to provide a percentage of the matching funds for such a grant; to provide for other matters relative to the foregoing; to provide an effective date; to 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 April 5, 1971 (Ga. L. 1971, p. 451), an Act approved March 20, 1974 (Ga. L. 1974, p. 360), and an Act approved April 18, 1975 (Ga. L. 1975, p. 821), is hereby amended by adding in section 1(d) the following: except where State funds are used to provide partial compensation of an assistant district attorney employed pursuant to a Federal grant where the State is required by law to provide a portion of the matching funds for such a grant,, so that when amended, section 1(d) shall read as follows: (d) Nothing herein shall be construed to preclude any district attorney from employing as many assistant district attorneys as he is otherwise authorized to employ, but only the number of assistant district attorneys as provided for

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in subsection (a) shall be compensated from State funds, except where State funds are used to provide partial compensation of an assistant district attorney employed pursuant to a Federal grant where the State is required by law to provide a portion of the matching funds for such a grant, nor shall anything contained herein prohibit any district attorney who is not otherwise provided an assistant district attorney under this Act from appointing an assistant district attorney from time to time so long as such assistant district attorney is compensated only from the funds of the district attorney, or of the counties comprising the Judicial Circuit. Compensation. Section 2 . This Act shall become effective when it is approved 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, 1976. GEORGIA SURFACE MINING ACT AMENDED. No. 984 (House Bill No. 1536). An Act to amend an Act known as the Georgia Surface Mining Act of 1968, approved February 15, 1968 (Ga. L. 1968, p. 9), as amended, so as to provide for the administration and enforcement of the Act and rules and regulations promulgated thereunder; to provide for the issuance of orders; to change certain provisions relative to licenses and bonds; to change the provisions relative to mined land use plans; to provide for the issuance of permits and procedures related thereto; to provide for monetary civil penalties and the procedures connected therewith; to provide for judgments in accordance with final orders; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 528

Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Georgia Surface Mining Act of 1968, approved February 15, 1968 (Ga. L. 1968, p. 9), as amended, is hereby amended by striking subsection (a) of section 5 in its entirety and inserting in lieu thereof a new subsection (a) of section 5 to read as follows: (a) to administer and enforce the provisions of this Act and all reasonable rules and regulations promulgated thereunder and to issue such orders as may be necessary to enforce compliance therewith;. Rules. Section 2 . Said Act is further amended by striking from subsection (b) of section 5 the word license and inserting in lieu thereof the word permit, and striking from subsection (e) of said section the word licenses and inserting in lieu thereof the words permits, so that when so amended, subsections (b) and (e) shall read as follows: (b) to examine and pass upon permit applications of operators;. (e) to revoke permits, deny renewals and forfeit bonds or cash of mine operators who refuse to carry out their plans of mined land use;. Section 3 . Said Act is further amended by striking subsection (b) of section 6 in its entirety and inserting in lieu thereof a new subsection (b) of section 6 to read as follows: (b) to submit, with the application for a permit, a Mined Land Use Plan which shall be consistent with the land use in the area of the mine and shall provide for reclamation of the affected land. Once approved, the operator will be responsible for completion of the plan. However, any new area to be affected or any change in an approved plan must be submitted to the Board for approval as an amendment to an operator's Mined Land Use Plan. Mined Land Use Plan. Section 4 . Said Act is further amended by striking subsections (a) and (c) of section 6 in their entirety and inserting

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in lieu thereof new subsections (a) and (c) of section 6 to read as follows: (a) to obtain a permit to conduct surface mining operations in the specified area to be mined from the Director of the Division of Environmental Protection of the Department of Natural Resources prior to commencing the operation of same; provided, however, that any mining operator conducting a surface mining operation under a valid surface mining license as of the effective date of this Act may continue such operation pending final action by the Director on the application for said permit, provided such application for a permit is filed with the Director within 60 days prior to the expiration date of said license or within 60 days after the effective date of this Act, whichever date is later in time; provided, further, a mining operator who continues to conduct a surface mining operation under a license in accordance with this subsection shall be subject to having said license revoked in the same manner and under the same conditions as a mining operator conducting a surface mining operation under a permit. The application for a permit shall be made on a form provided by the Director. Said permit shall be issued on evidence satisfactory to the Director of compliance with the provisions of this Act and the rules and regulations promulgated pursuant thereto, and such permit shall be conditioned upon the permittee's compliance with the approved Mined Land Use Plan. Permits. (c) to file a bond with the Director within 60 days from the date of being furnished approved surety bond forms by the Division; provided, however, any mining operator who desires to be exempted from the bonding requirement, including a mining operator who is subject to the bonding requirement as of the effective date of this subsection, shall request an exemption from such bonding requirement from the Director, whereupon a mining operator may be exempted from said bonding requirement at the discretion of the Director. Any mining operator who has been granted an exemption from the bonding requirement, and who subsequently violates any of the provisions of this Act or the rules and regulations promulgated thereunder, or who defaults on his obligations under any Mined Land Use Plan,

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may be required by the Director to post a bond in accordance with this subsection. Any bond filed with the Director shall be written by surety approved by the Director and authorized to transact business in this State. Such bond shall be fixed by the Director in an amount not less than $100.00 nor more than $1,000.00 per acre, or fraction thereof, of the area of affected land. Such bond shall further be payable to the Governor and conditioned upon the faithful performance of the requirements set forth in this Act and the rules and regulations promulgated pursuant thereto. Mining operators shall have the option of posting bond, government securities, cash or any combination thereof, on each mined area. In determining the amount of bond, government securities or cash within the above limits, the Director shall take into consideration the character and nature of the land reclamation requirements as approved in the operator's Mined Land Use Plan. The bond, government securities or cash shall be held by the Division until the affected land or any portion thereof is satisfactorily reclaimed, in the opinion of the Director, at which time the bond, government securities or cash or portion thereof shall be terminated or returned to the mining operator. Provided, where a mining operator fails or refuses to complete any of his responsibilities under a Mined Land Use Plan, and the bond, government securities or cash are consequently recovered upon or forfeited, the Director may expend as he deems appropriate that portion of such recovered or forfeited funds as is necessary to complete said mining operator's responsibilities under the Mined Land Use Plan. A mining operator, upon approval of an amended Mined Land Use Plan, shall file with the Director the appropriate bond, government securities or cash to cover the plan as amended, unless otherwise exempted from the bonding requirement. Bond. Section 5 . Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. An operator whose permit has been revoked pursuant to the provisions of this Act shall be denied a new permit or a renewal of the old permit to engage in surface mining until he gives assurance satisfactory to the Director

Page 531

of the Division of Environmental Protection of the Department of Natural Resources of his ability and intent to fully comply with the provisions of this Act with respect to the affected land under the revoked perimt and the new or renewed permit. Mining by a permitted operator on an unauthorized site while holding other valid surface mining permits shall constitute prima facie evidence of violation of approved Mined Land Use Plans, and any and all surface mining permits which an operator may hold may be suspended or revoked by the Director or his authorized representative. Violations. Section 6 . Said Act is further amended by adding a new section between sections 12B and 13 to be designated section 12C to read as follows: Section 12C. (a) Civil Penalties . Except as hereinafter provided, any mining operator violating any provision of this Act or any of the rules and regulations promulgated pursuant thereto, or, negligently or intentionally, failing or refusing to comply with any final order of the Director of the Division of Environmental Protection of the Department of Natural Resources issued as herein provided, shall be liable to a civil penalty not to exceed $1,000.00 for such violation and an additional civil penalty not to exceed $500.00 for each day during which such violation continues. (b) Procedures . Except as hereinafter provided, whenever the Director of the Division of Environmental Protection of the Department of Natural Resources has reason to believe that any mining operator has violated any provision of this Act, or any of the rules and regulations promulgated pursuant thereto, or has, negligently or intentionally, failed or refused to comply with any final order of said Director, the Director may request and shall receive a hearing before a hearing officer appointed by the State Board of Natural Resources. Upon a finding that said mining operator has violated any provision of this Act, or any of the rules and regulations promulgated pursuant thereto, or has, negligently or intentionally, failed or refused to comply with a final order of the Director, said hearing officer shall issue his initial decision imposing such civil penalties as

Page 532

are herein provided. Such hearing and any judicial review thereof shall be conducted in accordance with section 17(a) of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015), as amended. All civil penalties recovered by the Director as herein provided by this Act shall be paid into the State Treasury to the credit of the general fund; provided, however that where civil penalties are recovered by the Director from a mining operator for his failing or refusing to obtain a permit in accordance with section 6 of this Act, or for his failing or refusing to complete any of his responsibilities under a Mined Land Use Plan after having been issued a permit, the Director may expend as he deems appropriate that portion of such recovered civil penalties as is necessary to provide for reclamation, reconditioning or rehabilitation of the affected land not otherwise reclaimed, reconditioned or rehabilitated by said mining operator. (c) The provisions of this section shall not apply to a mining operator who has a valid permit and is bonded in accordance with the provisions of the Surface Mining Act of 1968, as amended. Section 7 . Said Act is further amended by adding a new section between sections 12C and 13 to be designated section 12D to read as follows: Section 12D. The Director of the Division of Environmental Protection of the Department of Natural Resources may file in the superior court of the county wherein the mining operator under order resides, or if said mining operator is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order issued pursuant to this Act which is unappealed from, or of a final order issued pursuant to this Act which is affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relations thereto shall thereafter be the same as though said judgment had been rendered in a suit duly heard and determined by said court. Judgment.

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Section 8 . This Act shall become effective on July 1, 1976. Effective date. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. GEORGIA FISCAL NOTE ACT AMENDED. No. 985 (House Bill No. 1571). An Act to amend an Act known as the Georgia Fiscal Note Act, approved April 25, 1975 (Ga. L. 1975, p. 1568), so as to provide that in order to be covered under the provisions of the Act, bills changing the anticipated revenue or expenditure level of the various agencies of State Government must have a significant impact; to change the time limitation by which such bills must be introduced; to delete the provisions relating to 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 known as the Georgia Fiscal Note Act, approved April 25, 1975 (Ga. L. 1975, p. 1568), is hereby amended by striking subsection (a) of section 3 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any retirement bill must be introduced no later than the 10th day of any session. Any bill having a significant impact on the anticipated revenue or expenditure level of any State department, bureau, board, council, committee, commission or other State agency must be introduced no later than the 20th day of any session, except that for the 1976 session any such bill may be introduced at any time. In the event any bill as provided hereinbefore is introduced after the prescribed time limit, it shall not be considered

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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. Section 2 . Said Act is further amended by striking section 6, which reads as follows: 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., in its entirety. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976.

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INSURANCELIFE, ACCIDENT AND SICKNESS INSURANCE AGENTSCERTIFICATES OF AUTHORITY, ETC. Code Chapter 56-8A Amended. No. 986 (House Bill No. 1660). An Act to amend Code Chapter 56-8A, relating to agents and counselors of life, accident, and sickness insurance, as amended, so as to provide for Agents' Certificates of Authority; to require insurers to obtain certificates for each agent representing such insurers in certain matters; to provide for renewal of certificates; to provide for fees; to provide for the filing of listings and information; to provide for the termination of Certificates of Authority; to provide for notifications; to provide for practices and procedures; to amend Code Chapter 56-8B, relating to agents, solicitors, brokers, counselors and adjusters of property, casualty, surety, and allied lines of insurance, as amended, so as to provide for Agents' Certificates of Authority; to require insurers to obtain certificates for each agent representing such insurers in certain matters; to provide for renewal of certificates; to provide for fees; to provide for the filing of listings and information; to provide for the termination of Certificates of Authority; to provide for notifications; to provide for practices and procedures; to amend Code section 56-1301, relating to filing, license and miscellaneous fees, as amended, so as to provide for an annual fee for an Agent's Certificate of Authority; 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 56-8A, relating to agents and counselors of life, accident, and sickness insurance, as amended, is hereby amended by adding at the end of said Code Chapter two new sections, to be designated as Code sections 56-818a and 56-819a, to read as follows:

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56-818aAgent's Certificate of Authority, Annual Certification by Insurance; fees . (1) Each insurer authorized to transact insurance in this State shall obtain an Agent's Certificate of Authority for each agent representing such insurer in the solicitation of, negotiation for, or procurement or making of contracts of life and accident and sickness insurance or in the making of annuity contracts in this State. (2) All such Agent's Certificates of Authority shall be renewed annually by the insurer on or before March 1st. (3) The fee for each Agent's Certificate of Authority or renewal or duplicate thereof shall be five ($5.00) dollars. (4) (a) Annually, on or before March 1, every insurer shall file with the Commissioner in such form and manner as he may prescribe, a certified listing of all of its agents whose Agent's Certificates of Authority are to be renewed for the coming year and shall remit a check to the Commissioner for the appropriate fees prescribed in subsection (3) above. (b) Each insurer shall also be required to maintain and periodically update its listing of authorized agents filed with the Commissioner in such form and manner as may be prescribed by the Commissioner. 56-819aTermination of Agent's Certificate of Authority; Notification by Insurer . (1) If an Agent's Certificate of Authority is terminated, the insurer shall promptly give written notice of said termination and the effective date thereof to the Commissioner and to the agent where reasonably possible. The Commissioner may also require the insurer to demonstrate to the satisfaction of the Commissioner that the insurer has made a reasonable effort to give such notice to the agent. (2) All such notices of termination shall be filed with the Commissioner in such form and manner as he shall prescribe.

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Section 2 . Code Chapter 56-8B, relating to agents, solicitors, brokers, counselors and adjusters of property, casualty, surety, and allied lines of insurance, as amended, is hereby amended by adding at the end thereof two new Code sections, to be designated as Code sections 56-849b and 56-850b, to read as follows: 56-849bAgent's Certificate of Authority; Annual Certification by Insurer; fees . (1) Each insurer authorized to transact insurance in this State shall obtain an Agent's Certificate of Authority for each agent representing such insurer in the solicitation of, negotiation for, or procurement or making of contracts of property and casualty insurance in this State. (2) All such Agent's Certificates of Authority shall be renewed annually by the insurer on or before March 1st. (3) The fee for each Agent's Certificate of Authority or renewal or duplicate thereof shall be five ($5.00) dollars. (4) (a) Annually, on or before March 1, every insurer shall file with the Commissioner, in such form and manner as he may prescribe, a certified listing of all of its agents whose Certificates of Authority are to be renewed for the coming year and shall remit a check to the Commissioner for the appropriate fees prescribed in subsection (3) above. (b) Each insurer shall also be required to maintain and periodically update its listing of authorized agents filed with the Commissioner in such form and manner as may be prescribed by the Commissioner. 56-850bTermination of Agent's Certificate of Authority; Notification by Insurer . (1) If an Agent's Certificate of Authority is terminated, the insurer shall promptly give written notice of said termination and the effective date thereof to the Commissioner and to the agent where reasonably possible. The Commissioner may also require the insurer to demonstrate to the satisfaction of the Commissioner that the insurer has made a reasonable effort to give such notice to the agent.

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(2) All such notices of termination shall be filed with the Commissioner in such form and manner as he shall prescribe. Section 3 . Code section 56-1301, relating to filing, license and miscellaneous fees, is hereby amended by adding at the end of subsection (1) of said Code section a new paragraph (k), to read as follows: (k) Agent's Certificate of Authority, annual fee as provided for in section 56-818a and 56-850b, $5.00. Code 56-1301 amended. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. INSURANCECOMMISSIONER'S REPORTSPUBLIC INSPECTION PROVIDED. Code 56-204 Amended. No. 987 (House Bill No. 1685). An Act to amend Code section 56-204, relating to annual reports of the insurance commissioner, so as to provide that such reports shall be compiled and made available for public inspection; to eliminate the requirement that such report be delivered to certain persons; to provide for copies of such report; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 56-204, relating to annual reports of the insurance commissioner, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 56-204, to read as follows: 56-204. Annual report .As early in the calendar year as reasonably possible the Commissioner annually shall compile

Page 539

a report showing, with respect to the preceding calendar year: (1) Names of the authorized insurers transacting insurance in this State, with such summary of their financial statement as he deems proper; (2) Names of insurers whose businesses were closed during the year, the cause thereof, and amount of assets and liabilities as ascertainable; (3) Names of insurers against which delinquency or similar proceedings were instituted, and a concise statement of the facts with respect to each proceeding; (4) The receipts and expenses of the Department for the year; (5) Recommendations of the Commissioner as to amendments or supplementation of laws affecting insurance, as to matters affecting the Department; and (6) Such other pertinent information and matters as the Commissioner deems proper. Such report shall be kept in the Commissioner's office at the State Capitol and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request upon payment of the applicable cost for reduction of the copies requested. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976.

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EDUCATIONSTATE SUPERINTENDENT OF SCHOOLSANNUAL REPORTS PROVIDED. Code Chapter 32-5 Amended. No. 988 (House Bill No. 1716). An Act to amend Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to provide for annual reports; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, is hereby amended by striking from Code section 32-508, relating to annual reports, the following: make an annual report to the General Assembly, and inserting in lieu thereof the following: compile an annual report, and by adding at the end of said section the following: Such report shall be kept in the Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request., so that, when so amended, Code section 32-508 shall read as follows: 32-508. Annual reports .The State Superintendent of Schools shall compile an annual report, in which he shall present a statement of the condition and amount of all funds and property appropriated to the purpose of public education; a statement of the number of common public schools of the various grades; the number of pupils attending such schools, their sex, color, and the branches taught; a statement

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of the average cost per pupil of instruction under the common school system in each county; a statement of the plans for the management, extension and improvement of the common schools; a statement of the number of children of school age in the State, with as much accuracy as the same can be ascertained; also, a statement of the number of private schools and colleges of the different kinds in the State, the number of pupils in such schools, or colleges, their sex, the branches taught, and the average cost of tuition per pupil in said schools and colleges. Such report shall be kept in the Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. SCHOLARSHIPSCHILDREN OF LAW ENFORCEMENT OFFICERS, ETC.ELIGIBILITY REQUIREMENTS CHANGED. No. 989 (House Bill No. 1763). An Act to amend an Act establishing a program of scholarships to children of law enforcement officers, firemen and prison guards permanently disabled or killed in line of duty, approved April 6, 1972 (Ga. L. 1972, p. 1133), so as to clarify the intent of the definition of the term permanent disability; to change certain provisions relating to eligibility; 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 a program of scholarships to children of law enforcement officers, firemen and prison guards permanently disabled or killed in line of duty, approved

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April 6, 1972 (Ga. L. 1972, p. 1133), is hereby amended in order to clarify the intent of the definition of the term permanent disability by striking subparagraph (f) of section 2 of said Act in its entirety and substituting in lieu thereof a new subparagraph (f) of section 2 to read as follows: (f) `Permanent disability' or `permanently disabled' shall mean physical incapacity to perform the duties of a law enforcement officer, fireman or prison guard as determined by the public employer designated in section 3(d) of this Act, and that such incapacity is likely to be permanent based upon current medical standards. Section 2 . Said Act is further amended by adding, following section 3 a new section 3A, to read as follows: Section 3A. Any person otherwise meeting the conditions of this Act shall be eligible to receive a scholarship even though the death or the occurrence causing the disability of such person's parent occurred prior to the effective date of this Act. Eligibility. Section 3 . Said Act is further amended by striking from section 9 the following: Provided, however that the children of law enforcement officers, firemen and prison guards who have been permanently disabled or killed subsequent to January 1, 1969, shall be eligible for future scholarships., so that when so amended, section 9 shall read as follows: Section 9. This Act shall become effective on July 1, 1972. 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, 1976.

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CRIMESAGGRAVATED ASSAULT ON PEACE OFFICER DEFINED, ETC. Code Chapter 26-13 Amended. No. 990 (House Bill No. 1784). An Act to amend Code Chapter 26-13, relating to the crimes of bodily injury and related offenses, so as to define the crime of aggravated assault upon a peace officer; to define the crime of aggravated battery upon a peace officer; to provide additional penalties for the crimes of aggravated assault and aggravated battery committed against law enforcement officers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 26-13, relating to the crimes of bodily injury and related offenses, is hereby amended by adding at the end of Code section 26-1302, relating to aggravated assault, the following: A person who knowingly commits aggravated assault upon a peace officer while such peace officer is engaged in or on account of the performance of his official duties shall upon conviction be punished by imprisonment for not less than five nor more than 20 years., so that when so amended, said Code section shall read as follows: 26-1302. Aggravated assault . A person commits aggravated assault when he assaults (a) with intent to murder, to rape, or to rob, or (b) with a deadly weapon. A person convicted of aggravated assault shall be punished by imprisonment for not less than one nor more than 10 years. A person who knowingly commits aggravated assault upon a peace officer while such peace officer is engaged in or on account of the performance of his official duties shall upon conviction be punished by imprisonment for not less than five nor more than 20 years.

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Section 2 . Said Code Chapter is further amended by adding at the end of Code section 26-1305, relating to aggravated battery, the following: A person who knowingly commits aggravated battery upon a peace officer while such officer is engaged in or on account of the performance of his official duties shall upon conviction be punished by imprisonment for not less than ten nor more than 20 years., so that when so amended said Code Chapter shall read as follows: 26-1305. Aggravated battery . A person commits aggravated battery when he maliciously causes bodily harm to another by depriving him of a member of his body, or by rendering a member of his body useless, or by seriously disfiguring his body or a member thereof. A person convicted of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years. A person who knowingly commits aggravated battery upon a peace officer while such officer is engaged in or on account of the performance of his official duties shall upon conviction be punished by imprisonment for not less than ten nor more than 20 years. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. OIL AND GAS AND DEEP DRILLING ACT AMENDED. No. 991 (House Bill No. 1830). An Act to amend the Oil and Gas and Deep Drilling Act of 1975, approved April 24, 1975 (Ga. L. 1975, p. 966), so as to provide for certain terms; to provide for authority and powers of the Board of Natural Resources; to provide for

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the establishment of drilling units, operation 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 enforcement by administrative proceedings; to provide for administrative powers including the power to issue subpoenas of persons and books, papers and records; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled the Oil and Gas and Deep Drilling Act of 1975, approved April 24, 1975 (Ga. L. 1975, p. 966), is hereby amended by adding at the end of the present paragraph (6) of subsection (j) of section 3 of said Act, the words: , except where approval for such a project has been granted by the Department;, so that when so amended paragraph (6) shall read as follows: (6) the drowning with water of any stratum or part thereof capable of producing gas or oil, except where approval of such a project has been granted by the Department;. Section 2 . Said Act is further amended by striking the period at the end of the present paragraph (10) of subsection (j) of section 3 and adding thereto the words: , except for testing purposes., so that when so amended, said paragraph (10) shall read as follows: (10) permitting gas produced from a gas well to escape into the air, except for testing purposes. Section 3 . Said Act is further amended by striking from subsection (q) of section 3 of said Act the word:

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construction, so that when so amended subsection (q) shall read as follows: Drilling' means the boring of a hole in the earth by remote mechanical means and all associated activities, including but not limited to, casing, perforating, plugging, cementing and capping. Drilling defined. Section 4 . Said Act is further amended by striking from subsection (c) of section 4 of said Act the words: control the drilling patterns, and inserting in lieu thereof the words: regulate the spacing of wells, so that when so amended said subsection will read as follows: (c) The Board shall have the authority to regulate the spacing of wells 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. Well spacing. Section 5 . Said Act is further amended by striking in its entirety section 6 of said Act and inserting in lieu thereof a new section 6 to read as follows: Section 6. Establishment of Drilling Units and Operation Units . In regard to the establishment of drilling units, operation 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,

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shall have the specific powers with respect to the exploration or production of oil or gas enumerated below as follows: (a) Drilling Units . 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. 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 interests, 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. 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 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. (b) Operation Units . (1) For the prevention of waste and to assure the ultimate recovery of gas or oil, the Board may hold a hearing to consider the need for the operation

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as a unit of an entire field, or of any pool, or any portion or combination thereof, within a field, for the production of oil or gas, or both, and other minerals which may be associated and produced therewith by additional recovery methods. (2) At the conclusion of the hearing the Board shall issue an order requiring unit operation if it finds that: (A) Unit operation of the field, or of any pool or of any portion or combinations thereof, within the field, is reasonably necessary to prevent waste as herein defined, or to increase the ultimate recovery of oil or gas by additional recovery methods; and (B) The estimated additional cost incident to the conduct of such operation will not exceed the value of the estimated additional recovery of oil or gas, provided, however, that the Board shall be authorized to prohibit the production of gas or oil by any recovery method if it has determined that such recovery method will result in waste or reduce the ultimate recovery of gas or oil from any field or pool or portion or combination thereof. (C) The phrase `additional recovery methods' as used herein shall include, but shall not be limited to, the maintenance or partial maintenance of reservoir pressures by any method recognized by the industry and approved by the Board, recycling, flooding a pool or pools, or parts thereof, with air, gas, water, liquid hydrocarbons or any other substance, or any combination or combinations thereof, or any other secondary method of producing hydrocarbons recognized by the industry and approved by the Board. (3) The order shall be fair and reasonable under all the circumstances, shall protect the rights of interested parties, and shall include: (A) A description of the area embraced, termed the unit area; and a description of the pool or pools, or portions thereof, affected and lying within the unit area.

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(B) A statement of the nature of the operations contemplated. (C) A method of allocation among the separately owned tracts in the unit area of all the oil or gas, or both, produced from the unit pool within the unit area and not required in the conduct of such operation or unavoidably lost, such method of allocation to be on a formula that is fair and equitable and will protect the correlative rights of all interested parties. (D) A provision for adjustment among the owners of the unit area (not including royalty owners) of their respective investments in wells, tanks, pumps, machinery, materials, equipment, and other things and services of value attributable to the unit operations. The amount to be charged unit operations for any such item shall be determined by the owners of the unit area (not including royalty owners); provided, however, if said owners of the unit area are unable to agree upon the amount of such charges, or to agree upon the correctness thereof, the Board shall determine the amount after due notice and hearing thereon. The net amount charged against the owners of a separately owned tract shall be considered expense of unit operation chargeable against such tract. The adjustment provided for herein may be treated separately and handled by agreements separate from the unitization agreement. (E) A provision that the costs and expenses of unit operations, including investment, past and prospective, be charged to the separately owned tracts in the same proportions that such tracts share in unit productions. The expenses chargeable to a tract shall be paid by the person or persons not entitled to share in production free of operating costs, and who, in the absence of unit operation, would be responsible for the expense of developing and operating such tracts, and such person's or persons' interest in the separately owned tract shall be primarily responsible therefor. The obligation or liability of such persons in the several, separately owned tracts for the payment of unit expense shall at all times be several and not joint or collective. The

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unit operator shall have a first and prior lien upon the leasehold estate exclusive of the royalty interest provided thereby and unleased oil and gas rights, exclusive of one-eighth ([UNK]) interest therein, in and to each separately owned tract, and the interest of the owners thereof in and to the unit production and all equipment in possession of the unit, to secure the payment of the amount of the unit expense charged to and assessed against such separately owned tract. (F) The designation of, or a provision for the selection of, a unit operator. The conduct of all unit operations by the unit operator and the selection of a successor to the unit operator shall be governed by the terms and provisions of the unitization agreements. (G) A provision that when the full amount of any charge made against any interest in a separately owned tract is not paid when due by the person or persons primarily responsible therefor, then all of the oil and gas production allocated to the interest in default in such separately owned tract, upon which operator has a lien, may be appropriated by the unit operator and marketed and sold for the payment of such charge, together with interest at a fair and equitable rate as determined by the Board thereon. The remaining portion of the unit production or the proceeds derived therefrom allocated to each separately owned tract shall in all events be regarded as royalty to be paid to the owners, free and clear of all unit expense and free and clear of any lien therefor. The owner of any overriding royalty, oil and gas payment, or other interest, who is not primarily responsible for the unpaid obligation shall, to the extent of any payment or deduction from his share, be subrogated to all the rights of the unit operator with respect to the interest or interests primarily responsible for such payment. Any surplus received by the operator from any such sale of production shall be credited to the person or persons from whom it was deducted in the proportion of their respective interest. (H) The time the unit operation shall become effective, and the manner in which, and the circumstances under which, the unit operation shall terminate.

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(4) An order requiring unit operation shall not become effective unless and until a contract incorporating the unitization agreement has been signed or in writing ratified or approved by the owners of at least seventy-five percent (75%) in interest as costs are shared under the terms of the order and by seventy-five percent (75%) in interest as production is to be allocated of the royalty in the unit area and a contract incorporating the required arrangements for operations has been signed or in writing ratified or approved by the owners of at least seventy-five percent (75%) in interest as costs are shared, and the Board has made a finding to that effect either in the order or in a supplemental order. Both contracts may be encompassed in a single document. In the event the required percentage interests have not signed, ratified or approved the said agreements within six (6) months from and after the date of such order, or within such extended period as the Board may prescribe, it shall be automatically revoked. (5) (A) The Board, by entry of new or amending orders may from time to time add to unit operations portions of pools not theretofore included, and may add to unit operations new pools or portions thereof, and may extend the unit area as required. Any such order, in providing for allocation of production from a unitized zone of the unit area, shall first allocate to such pool or pools or portion thereof so added, a portion of the total production of oil or gas, or both, from all pools affected within the unit area, as enlarged and not required in the conduct of unit operations or unavoidably lost; such allocation to be based on a formula for sharing that is considered to treat each tract and each owner fairly and equitably during the remaining course of unit operations. The production so allocated to such added pool or pools or portions thereof shall be allocated to the separately owned tracts which participate in such production on a fair and equitable basis. The remaining portion of unit production shall be allocated among the separately owned tracts within the previously established unit area in the same proportions as those specified prior to the enlargement unless such proportions are shown to be erroneous by data developed subsequent to the former determination, in which event the errors shall be corrected. Orders promulgated under

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this Section shall become operative at 7:00 a.m. on the first day of the month next following the day on which the order becomes effective. (B) An order promulgated by the Board shall not become effective unless and until: (i) All of the terms and provisions of the unitization agreement relating to the extension or enlargement of the unit area or to the addition of pools or portions thereof to unit operations have been fulfilled and satisfied and evidence thereof has been submitted to the Board; and (ii) The extension or addition effected by such order has been agreed to in writing by the owners of at least seventy-five percent (75%) in interests as costs are shared in the area or pools or portions thereof to be added to the unit operation by such order and by seventy-five percent (75%) in interest as production is to be allocated of the royalty owners in the area or pools or portions thereof to be added to the unit operations by such order and evidence thereof has been submitted to the Board. (iii) In the event both of the requirements specified in subparagraphs (i) and (ii) are not fulfilled within six (6) months from and after the date of such order or within such extended period as the Board may prescribe, it shall be automatically revoked. (6) When the contribution of a separately owned tract with respect to any unit pool has been established, such contribution shall not be subsequently altered except to correct a mathematical or clerical error that caused the tract contribution to be erroneous, unless an enlargement of the unit is effected. No change or correction of the contribution of any separately owned tract shall be given retroactive effect, but appropriate adjustment shall be made for the investment charges as provided in this Section. (7) The portion of unit production allocated to a separately owned tract within the unit area shall be deemed, for all purposes, to have been actually produced from such tract,

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and operations with respect to any unit pool within the unit area shall be deemed, for all purposes, to be the conduct of operations for the production of oil or gas, or both, from each separately owned tract in the unit area. (c) Agreements made in the interest of conservation of gas or oil or both, or for the prevention of waste, or to assure the ultimate recovery of gas or oil or both, 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 6 . Said Act is further amended by striking in its entirety subsection (b) of section 7 of said Act and inserting in lieu thereof a new subsection to read as follows: (b) to require the making of reports showing the location of all wells regulated under this Act, including the filing of drill cutting samples, cores, and copies of all logs, and to further require that the operator submit the name classification used for each of the subsurface formations penetrated and the depth at which each such formation was penetrated; . Reports. Section 7 . Said Act is further amended by striking the comma between the word samples and the word lithologic of the present subsection (o) of section 7 of said Act and inserting in lieu thereof the word and, and by striking the words and stratigraphic interpretations between the words logs and the semicolon of said subsection so that when so amended said subsection will read as follows: (o) to require that accurate records be kept on forms to be prescribed by the Department, which records shall be

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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, subsurface samples and lithologic and geophysical logs; . Records. Section 8 . Said Act is further amended by striking the number 14 enclosed in parentheses between the word ten and the word days of subsection (b) of section 10 and inserting in lieu thereof the number: 10, so that when so amended said subsection will read as follows: (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 existing 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 (10) 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. Emergency. Section 9 . Said Act is further amended by striking in its entirety section 12 of said Act and inserting in lieu thereof a new section to read as follows: Section 12. Administrative Powers . (a) In any contested administrative hearing under this Act, the Board or

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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. (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.

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Section 10. Effective Date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. DISPOSITION OF UNCLAIMED PROPERTY ACT AMENDED. No. 992 (House Bill No. 1986). An Act to amend an Act known as the Disposition of Unclaimed Property Act, approved April 3, 1972 (Ga. L. 1972, p. 762), as amended, so as to add a provision concerning dividends or other distributions or payments to which a shareholder is entitled from a corporation organized under the Georgia Business Corporation Code; 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 Disposition of Unclaimed Property Act, approved April 3, 1972 (Ga. L. 1972, p. 762), as amended, is hereby amended by adding a new subsection at the end of section 6, to be designated subsection (b), so that when so amended section 6 shall read as follows: Section 6. Undistributed Dividends and Distributions of Business Associations . (a) Any stock or other certificate of ownership, or any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to a shareholder, certificate holder, member, bondholder, or other security holder, or a participating patron of a cooperative, who has not claimed it, or

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corresponded in writing with the business association concerning it, within fifteen years after the date prescribed for payment or delivery is presumed abandoned if: (1) It is held or owing by a business association organized under the laws of or created in this State; or (2) It is held or owing by a business association doing business in this State, but not organized under the laws of or created in this State, and the records of the business association indicate that the last known address of the person entitled thereto is in this State. (b) In the event of the expiration of the seven-year period specified in Section 22-511 (c) of the Georgia Business Corporation Code for the claim by a shareholder or other entitled person of any dividend or other distribution or payment to which such shareholder is entitled from a corporation organized under the Georgia Business Corporation Code, such that an action for recovery thereof cannot be brought against the corporation, then such dividend or other distribution or payment is presumed abandoned, notwithstanding the provisions of subsection (a) of this section. 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 on July 1, 1976. Effective date.

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Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. BONDSAGENTS RECEIVING MONIES FOR THIRD PERSONSREQUIREMENTS PROVIDED, ETC. No. 993 (Senate Bill No. 325). An Act to require bond from certain agents, collection agents and certain others who receive or handle monies for payment to third parties; to provide for exceptions from the bonding requirement for certain agents; to prevent fraud or misappropriation of funds by certain agents; to provide a fund from which restitution can be had where monies are misappropriated by certain agents or otherwise not paid over by such agents in accordance with lawful agreement or instructions; to provide punishment by fine or imprisonment for failure to post such bond; 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 person, corporation, partnership, association or any other entity which engages in the business of receiving cash from patrons as payment of obligations owed by such patrons to third parties, with the understanding that such person, corporation, partnership, association or other entity will act as agent of the patron in making payment directly to the third party, much, as a condition to engaging in such a business, post a bond as security in the amount of $50,000.00 with the clerk of the superior court in the county in which its principal place of business is located; provided, however, that no such bonding requirement need be met by any person, corporation, partnership, association or other entity who or which handles or administers fewer than twenty payments per month; provided further, that no such bonding requirement need be met by

Page 559

any person, corporation, partnership, association or other entity who or which has received written authorization from a third party to act as agent for said third party. Written authorization to the agent from one or more third parties does not relieve the agent from posting the security bond as required by this subsection if the agent is receiving twenty or more cash payments owed to one or more other third parties from whom no written authorization has been received. Bond. Section 2 . Failure to any such agent to pay over monies in accordance with lawful instructions or agreement shall entitle the third party to whom payment should have been made to restitution of monies entrusted and not so paid over from such posted bond to the extent of the amount thereof; provided, however, that no payment on bond made in accordance with this Act shall relieve any agent of any civil liability to the patron for sums misappropriated or not properly paid over or of any criminal liability for fraud, theft, conversion, breach of fiduciary duty or other offense. Section 3 . Failure to post a bond as required under this Act shall constitute a misdemeanor, punishable by a fine of not less than $300.00 nor more than $3,000.00 or by imprisonment for not more than six months, or both. 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 March 18, 1976.

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TRUSTEESCERTAIN INVESTMENTS IN SMALL BUSINESS FIRMS AUTHORIZED. Code Chapter 108-4 Amended. No. 994 (Senate Bill No. 462). An Act to amend Code Chapter 108-4, relating to powers, duties and liabilities of trustees, as amended, so as to provide that loans to small business firms guaranteed by the Small Business Administration shall constitute valid investments for certain institutions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 108-4, relating to powers, duties and liabilities of trustees, as amended, is hereby amended by adding a new Code section immediately following Code section 108-421, to be known as Code section 108-421.1, to read as follows: 108-421.1. Investment in loans guaranteed by the Small Business Administration . Loans guaranteed by the Small Business Administration, but only the guaranteed portion of any loan transferable to secondary investors by the Small Business Administration under a Secondary Participation Agreement, shall be lawful investments for savings bank deposits, for all fiduciary and trust funds, and for the funds of insurance companies and savings and loan associations. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. COUNTY LAW LIBRARIESCOST PROVISIONS CHANGED, ETC. (168,000-195,000). No. 995 (Senate Bill No. 568). An Act to amend an Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga.

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L. 1971, p. 180), as amended by an Act approved April 10, 1973 (Ga. L. 1973, p. 430), so as to change the provisions relating to costs; to include suits, actions and cases filed in certain courts within the provisions of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. L. 1971, p. 180), as amended by an Act approved April 10, 1973 (Ga. L. 1973, p. 430), is hereby amended by adding following the first sentence of section 6 of said Act the following: In addition to such sum, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each civil suit, action or case in which the principal sum exceeds $500.00 and in all criminal or quasi-criminal actions, cases or proceedings filed in any municipal court within any county of this State having a population of not less than 168,000 and not more than 195,000, according to the United States Decennial Census of 1970, or any future such census., so that when so amended, section 6 shall read as follows: Section 6. For the purpose of providing funds for the purpose of purchasing law books, reports, texts and periodicals for such library, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each suit, action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior and State courts and in traffic cases tried in the probate court in and for said counties. In addition to such sum, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each civil suit, action or case in which the principal sum exceeds $500.00 and in all

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criminal or quasi-criminal actions, cases or proceedings filed in any municipal court within any county of this State having a population of not less than 168,000 and not more than 195,000, according to the United States Decennial Census of 1970, or any future such census. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the senior judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless said senior judge shall first determine that a need exists for a law library in such county. The clerks of each and every such court in such counties in which such a law library shall be established shall collect such fees and remit same to the treasurer of the Board of Trustees of the county law library of the county in which said case was brought on the first day of each month. Where the costs in criminal cases are not collected, the costs herein provided for shall be paid from the fines or forfeitures fund of such court in which the case is filed before any other disbursement or distribution of such fines or forfeitures shall be made. Costs. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. WESTERN JUDICIAL CIRCUITADDITIONAL JUDGE PROVIDED. No. 996 (Senate Bill No. 703). An Act to add one additional judge of the superior courts of Western Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said courts to divide and allocate the work and

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duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authorities of the counties comprising the Western Judicial Circuit to provide facilities, office space, supplies, equipment and personnel for said judges; to declare inherent authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution of the State of Georgia of 1945 (Ga. Code Ann., Sec. 2-3801), one additional judge of the superior courts for the Western Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit. Section 2 . Said additional judge shall be appointed by the Governor for a term of office beginning on November 1, 1976, and continuing through December 31, 1978, and until his successor is elected and qualified; such judge shall be appointed by the Governor on the effective date of this Act, and he shall take office on that date. His successor shall be elected in a manner provided by law for the election of judges of the superior courts of this State at the general election in November, 1978, for a term of four years beginning on the first day of January, 1979, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each four years thereafter for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State. Appointment. Section 3 . Every person who offers for nomination and election as one of the judges of said superior courts for the

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Western Judicial Circuit of Georgia shall designate with the State party authority in all State primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Election. Section 4 . The additional judge of the superior courts for the Western Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Either of the two judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Powers. Section 5 . The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judge of the superior courts of the Western Judicial Circuit. The salary supplements heretofore enacted by the counties of said circuit for the present judge shall also be applicable to the additional judge provided for by this Act. Qualifications. Section 6 . All writs and processes in the superior courts of the Western Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges coequal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Terms.

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Section 7 . The two judges of the superior courts for the Western Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge of the superior courts serving at the time this Act becomes effective shall be the first senior judge and shall continue as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the senior judge. The senior judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of the Juvenile Court Code of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 709), as now or hereafter amended, (Ga. Code Ann., Sec. 24A-201), the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Western 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 to one of said judges, and the hearing of all other matters not requiring a trial by a jury to the other judge, and they may alternate such order of business at the next term. They may either of them conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may both or any one of them hear chamber's business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof

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cannot agree or shall differ, the opinion or order of the senior judge as hereinbefore defined shall control. Senior judge. Section 8 . The drawing and empanelling of all jurors, whether grand, petit, or special may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately, or before each of them at the same time. Jurors. Section 9 . The two judges of the Western Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Additional court reporter. Section 10 . All writs, processes, orders, subpoenas and any other official paper issuing out of the superior courts of the Western Judicial Circuit may bear teste in the name of any judge of said Western Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. Section 11 . Upon request of either judge, the governing authorities of the counties comprising the Western Judicial Circuit are hereby authorized to furnish the judges of said court with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies and such personnel as may be considered necessary to the proper functioning of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such. Courtrooms. Section 12 . Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

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Section 13 . This Act shall become effective on November 1, 1976. Effective date. Section 14 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. OFFICIAL STATE MINERAL, FOSSIL AND QUARTZ DESIGNATED. No. 104 (House Resolution No. 517-1385). A Resolution. Designating staurolite as the official State mineral, the shark tooth as the official State fossil and quartz as the official State gem; and for other purposes. Whereas, Georgia has a wealth of minerals and gemstones; and Whereas, staurolite is a mineral found in old crystalline rocks and is particularly well known and abundant in north Georgia; and Whereas, staurolite crystals are known mostly as Fairy Crosses or Fairy Stones, and generations after generations have collected them for good luck charms; and Whereas, the shark tooth is a relatively common fossil in Georgia and in fossil form can be traced back 375,000,000 years; and Whereas, the teeth are especially prized by fossil collectors and range in color from the more common blacks and grays to white, brown, blue and reddish brown; and Whereas, quartz is the second most abundant mineral

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on Earth, and Georgia is blessed with a great deal of it in a wide variety of colors; and Whereas, quartz is the amethyst that has been most used in jewelry, and clear quartz when faceted resembles diamond; and Whereas, the importance of Georgia's minerals to the industrial growth and heritage of this State should be appropriately recognized. Now, therefore, be it resolved by the General Assembly of Georgia that the following designations are hereby made: (1) Staurolite is designated as the State of Georgia's official mineral. (2) The shark tooth is designated as the State of Georgia's official fossil. (3) Quartz is designated as the State of Georgia's official gem. Approved March 18, 1976. CURRICULUM STUDY COMMITTEE CREATED. No. 105 (House Resolution No. 861-2083). A Resolution. Creating the Curriculum Study Committee for the public schools of Georgia; and for other purposes. Whereas, the State of Georgia must depend upon its system of public education to insure further growth and development; and Whereas, the curriculum is the composite of all learning

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experiences planned and directed by the schools, and is the vehicle through which all desired student learning experiences are generated and directed; and Whereas, both tradition and government demand that the public schools assume responsibility for preparing the individual for full and effective living and life-long learning; and Whereas, the instructional program of the school must identify and analyze the values, attitudes, general knowledge and those life-long learning skills which prepare the individual to participate in and contribute to a full and complete life. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Curriculum Study Committee to be composed of 29 members to be selected as follows: four members of the Senate, one of whom shall be the Chairman of the Education Committee, and one of whom shall be the Chairman of the Higher Education Committee, and two to be appointed by the President of the Senate; four members of the House of Representatives, one of whom shall be the Chairman of the Education Committee, and one of whom shall be the Chairman of the University System of Georgia Committee, and two to be appointed by the Speaker of the House of Representatives; the Governor, or his designee, and four citizens of Georgia appointed by the Governor; the State Superintendent of Schools, or his designee; the Chairman of the State Board of Education, or his designee; the President of the Georgia Association of Educators, or his designee; the President of the Professional Association of Georgia Educators, or his designee; the President of the Georgia Association of School Superintendents, or his designee and one other local school superintendent appointed by the Governor; the President of the Georgia Association of Elementary School Principals, or his designee; the President of the Georgia Association of Middle School Principals, or his designee; the President of the Georgia Association of Secondary School

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Principals, or his designee; the President of the Georgia Association for Curriculum and Instructional Supervision, or his designee; three classroom teachers appointed by the Governor, one of whom shall be a teacher in grades kindergarten through 3, one a teacher in grades 4 through 8 and one a teacher in grades 9 through 12; the President of the Georgia School Boards Association, or his designee; the President of the Georgia Congress of Parents and Teachers, or his designee; and a Dean of the School of Education of a Georgia College or University appointed by the Governor. The Committee shall be authorized to review and evaluate the curriculum of the public schools of Georgia and to recommend ways of improving the total instructional program, which is the curriculum in operation. The Committee is further authorized to conduct meetings at such places and at such times as it considers expendient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each legislative member of the Committee shall receive the expenses and allowances authorized by law for members of legislative interim committees for service on the Committee. The State officer and employee members of said Committee shall receive no compensation for their services, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the Committee. The remaining members of the Committee shall receive no compensation from State funds for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of official Committee business. The funds necessary for the reimbursement of the expenses of said State officer and employee members shall come from funds appropriated or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations to the 1977

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Session of the General Assembly on or before December 31, 1976, at which time the Committee shall stand abolished. Approved March 18, 1976. CONVEYANCE OF LAND TO IMLAC COMMUNITY CLUB AUTHORIZED. No. 106 (House Resolution No. 597-1640). A Resolution. Authorizing the conveyance of certain State-owned real property located in Meriwether County, Georgia, to the IMLAC Community Club, Inc.; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Meriwether County, Georgia; and Whereas, said real property is described as follows: TRACT NO. 1: ALL that certain tract or parcel of land situated, located and being in Land Lot 138 and Land Lot 119 of the Ninth Land District of Meriwether County, Georgia, and being more particularly described as follows: BEGINNING at a point on the westwardly boundary line of the right-of-way of the Atlantic Coast Line Railroad Company's main track, said point being fifty (50) feet westwardly, measured at right angles, from the center line of said main track and seven hundred sixty-eight and sixty-six one hundredths (768.66) feet northwestwardly measured along said center line, from the south line of Land Lot 138; thence running north seventy-nine (79) degrees fifty-one (51) minutes west for a distance of ninety-one and seven-tenths (91.7) feet; thence running north two (2) degrees fifty (50) minutes west for a distance of four hundred fifty-seven and no one hundredths (457.0) feet to a point; thence running south

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seventy-nine (79) degrees fifty-one (51) minutes east for a distance of ninety-one and seven-tenths (91.7) feet to a point on the westwardly boundary line of the right-of-way of the Atlantic Coast Line Railroad Company, said point being fifty (50) feet westwardly, measured at right angles, from the center line of said main track, and two hundred twelve and sixty-two one hundredths (212.62) feet in a southwardly direction parallel with said main track from a county road; thence running south two (2) degrees fifty (50) minutes east for a distance of four hundred fifty-seven and no one hundredths (457.00) feet to the point of beginning; containing eight hundred ninety-nine one thousandths (.899) acres, more or less. Said track is bounded on the north by Douglas Gill, Mrs. Harry Simonsen, Mrs. A. I. Blake, William Blake and Eugene Black; on the east by the right-of-way of the Atlantic Coast Line Railroad Company, now or formerly, and on the south and west by the lands of R. D. Betts, now or formerly; also a packing shed located or partially located on the above described property. TRACT NO. 2: ALL that tract or parcel of land situate, lying and being in the Lower Ninth District of Meriwether County, Georgia, and out of Land Lots Nos. 119 and 138 in said Land (10.046) acres and being more particularly described as District, containing ten and forty-six one thousandths follows: BEGINNING at a point fixed on the original south line of Land Lot 119, said point being fifty (50) feet due west from the center line of the main track of the Atlantic Coast Line Railroad Company, and running thence due west a distance of two hundred forty-eight and eight-tenths (248.8) feet to a point fixed on said original south line of said Land Lot 119, said point being seventy-five (75) feet due east from the east right-of-way of Highway 85; and running thence north eleven (11) degrees fifty-five (55) minutes west and parallel with said Highway 85 a distance of one thousand three hundred twenty-five and ninety-eight one hundredths (1,325.98) feet to a point

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fixed on the south right-of-way of the Old County Road leading from Greenville to Flat Shoals; thence running along said right-of-way of said County Road due north a distance of twenty-four (24) feet to a point fixed on the south right-of-way of said County Road; thence running south seventy-nine (79) degrees fifty-one (51) minutes east for a distance of three hundred fifty-two (352) feet to a fixed point; thence running south two (2) degrees fifty (50) minutes east for a distance of four hundred fifty-seven (457) feet to a fixed point; thence running south seventy-nine (79) degrees fifty-one (51) minutes east for a distance of ninety-one and seven-tenths (91.7) feet to a fixed point, said point being fifty (50) feet at a right angle from the main track of the Atlantic Coast Line Railroad Company; thence running south two (2) degrees fifty (50) minutes east parallel with the main track of the Atlantic Coast Line Railroad Company for a distance of seven hundred sixty-eight and sixty-six one hundredths (768.66) feet to the point of beginning. Said tract of land is bounded on the north by the Old County Road leading from Greenville to Flat Shoals and the land of Doug Gill; on the east by the land of the Atlantic Coast Line Railroad Company; on the south by the original south line of Land Lot 119, and on the west by the right-of-way of Highway 85. TRACT NO. 3: All that certain tract or parcel of land situate, lying and being at Edman, County of Meriwether, State of Georgia, and described as follows, to wit: In Land Lot 138 of the Lower 9th District of Meriwether County, Georgia, beginning at a point on the western boundary line of the right-of-way of the Atlantic Coast Line Railroad Company's main track, said point being 50 feet westwardly, measured at right angles, from the center line of said main track, and 821 feet northwardly, measured along said center line, from the south line of said Land Lot 138, said point being 1038 feet, more or less, southwardly, measured along said center line,

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from said Railroad Company's mile post NB-803; running thence northwardly along the western boundary line of said right-of-way, parallel with said center line, 200 feet; thence eastwardly, at right angles from the preceding course, 27 feet; thence southwardly, parallel with said center line, 200 feet; thence westwardly, 27 feet to the point of beginning; containing 0.12 acre, more or less.; and Whereas, the above described real property is no longer needed by the State of Georgia and is therefore surplus; and Whereas, the IMLAC Community Club, Inc., is desirous of obtaining said tracts of land for the purpose of a fire department facility and a community recreation area. Now, therefore, be is 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 and convey the hereinabove described tracts of land subject to the following conditions: (1) that said tracts of land shall be conveyed to the IMLAC Community Club, Inc.; and (2) that the conveyance of said tracts of land shall be approved by the State Properties Commission; and (3) that the conveyance of said tracts of land shall be for and in consideration of the sum of $1.00; and (4) that said tracts of land shall be reverted back to the State in the event that they shall ever cease to be used for a fire department facility or community recreation area by the IMLAC Community Club, Inc. 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 March 18, 1976.

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CONVEYANCE OF LAND TO CITY OF COLUMBUS AUTHORIZED. No. 107 (Senate Resolution No. 320). A Resolution. Authorizing the conveyance of certain State-owned real property located within Muscogee County to the City of Columbus; authorizing the sale and transfer of certain State-owned surplus personal property to the City of Columbus; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Muscogee County, Georgia, and commonly known as the Confederate Naval Museum; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 1.0 acres, more or less, and is more particularly described as follows: That certain tract or parcel of land known as the Confederate Naval Museum property, lying and being in the City of Columbus, Muscogee County, Georgia, and being a lot on Second Avenue, measuring 150 feet by 300 feet as described in the deed of conveyance from the City of Columbus to the State of Georgia, by indenture dated May 21, 1962, recorded in Deed Book 842, Page 135, Muscogee Registry.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of the Confederate Naval Museum, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and

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Whereas, the City of Columbus is desirous of obtaining all of said real property and certain of the personal property located thereon for park, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the City of Columbus for a consideration to be mutually agreed upon by the State Department of Natural Resources and the City of Columbus; and (2) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (3) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to the City of Columbus, that certain personal property used in the operation and maintenance of the Confederate Naval Museum, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations: (1) that said personal property shall be sold and transferred to the City of Columbus for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances;

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(2) that said personal property shall be transferred to the City of Columbus subject to the conditions that (a) such property shall not be resold by the City of Columbus within one year after such transfer without the written consent of the State Department of Administrative Services, and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved March 18, 1976. PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 998 (House Bill No. 272). An Act to amend an Act known as The Act Creating the Public School Employees' Retirement System, approved April 30, 1969 (Ga. L. 1969, p. 998), as amended, so as to change the provisions relative to the definition of public school employees; to provide for certain options; to provide for other matters relative to the foregoing; to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the provisions relative to the definition of a teacher; to authorize additional persons to become members of said system; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as The Act Creating the Public

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School Employees' Retirement System, approved April 30, 1969 (Ga. L. 1969, p. 998), as amended, is hereby amended by adding at the end of paragraph (5) of section 2 the following: Certain `public school employees', as defined herein, shall have the option to become members of the Teachers' Retirement System of Georgia in accordance with the provisions of subsection (d) of section 4 of this Act, and except as provided by said subsection, any public school employee becoming a member of said Teachers' Retirement System shall cease to be a member of the Retirement System created by this Act. Section 2 . Said Act known as The Act Creating the Public School Employees' Retirement System is further amended by adding a new subsection at the end of section 4 to be designated subsection (d) and to read as follows: (d) Full-time school lunchroom managers or supervisors, full-time school maintenance managers or supervisors and full-time school warehouse managers or supervisors shall have the option, as hereinafter provided, of becoming members of the Teachers' Retirement System of Georgia in accordance with the applicable provisions of the Act creating said Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as now or hereafter amended. Any of such personnel exercising said option who have 10 or more years of creditable service under this Act shall not withdraw their accumulated contributions from the Fund created by this Act, and such personnel shall retain the vested rights established by subsection (e) of section 6 of this Act. Upon exercising said option, however, any such personnel shall cease making contributions to the Retirement System created by this Act and no additional creditable service shall be allowed under the provisions of this Act. Any of such personnel exercising said option who have less than 10 years of creditable service under this Act shall withdraw their accumulated contributions from the Fund created by this Act, and upon exercising said option, such personnel shall cease to be members of the Retirement System created by this Act. Any person subject to the provisions of this subsection

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who becomes employed on or after July 1, 1976, shall have the option, which must be exercised within 30 days after becoming employed, of becoming a member of the Retirement System created by this Act or of becoming a member of the Teachers' Retirement System and no such person shall be a member of both such retirement systems under any circumstances. Such option shall be exercised by notification, in writing, to the respective Boards of Trustees of such retirement systems. It shall be the duty and responsibility of local units of administration to notify their respective employees and persons who become employed in the future, who are subject to the provisions of this subsection, of the options provided for herein and to furnish such employees appropriate forms for the exercise of such options. Section 3 . An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by adding at the end of subsection (5) of section 1 the following: At the option of such persons and in accordance with the provisions of subsection (6) of section 3 of this Act, the word `teacher' shall also include full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors and full-time public school warehouse managers or supervisors. Section 4 . Said Act creating the Teachers' Retirement System is further amended by adding a new subsection at the end of section 3 to be designated subsection (6) and to read as follows: (6) In accordance with the provisions of subsection (d) of section 4 of an Act known as `The Act Creating the Public School Employees' Retirement System', approved April 30, 1969 (Ga. L. 1969, p. 998), as now or hereafter amended, full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors and full-time public school warehouse managers or supervisors shall have the option of becoming members of the Retirement

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System created by this Act. Any such personnel exercising said option shall not receive any credit for any service as creditable service under this Act which was rendered prior to the exercise of said option, and upon exercising said option, shall begin making the employee contributions required by this Act. The State of Georgia shall be the employer of such personnel for the purposes of employer contributions on behalf of such personnel who become members of the Retirement System created by this Act. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDED. No. 999 (House Bill No. 293). An Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), and an Act approved February 12, 1952 (Ga. L. 1952, p. 81), and an Act approved February 12, 1962 (Ga. L. 1962, p. 39), and an Act approved March 30, 1963 (Ga. L. 1963, p. 386), so as to change certain provisions relating to disability benefits; to provide a procedure for determining eligibility for disability benefits; 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 creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), and an Act approved

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February 12, 1952 (Ga. L. 1952, p. 81), and an Act approved February 12, 1962 (Ga. L. 1962, p. 39), and an Act approved March 30, 1963 (Ga. L. 1963, p. 386), 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. (a) Whenever the word `Board' is used or referred to in this section, it shall be deemed and construed to mean the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund of Georgia. (b) Any peace officer who, after lawfully becoming a member of this Fund and while paying dues therein, is rendered, by disease or injury, totally and permanently disabled so as to be unable to perform substantially all of the duties of the position to which he was regularly assigned when the disability originated, or so as to be unable to engage in any occupation or gainful employment for which he is reasonably suited by virtue of his background, training, education and experience, upon application to the Board within twelve (12) months from the date of becoming totally and permanently disabled, shall be entitled to disability benefits of $125 per month for life or until his disability ceases. (c) The disability benefits provided by this section shall be payable upon the event of disability as provided in subsection (b) above notwithstanding the cause of the disability, and shall be payable when the disability is a result of any mental or physical injury or disease whatsoever, whether caused by reason of the peace officer's employment or not. Provided, however, that no benefits shall be payable under this section for any disability resulting from the chronic and excessive consumption of alcoholic beverages, or addiction to drugs the use of which is prohibited in this State by law, or for disability resulting from the engagement by the member in any criminal act, or disability caused by wilful misconduct of the member, or for disability resulting from an injury sustained by the member while serving in the Armed Forces of any country or while on active duty in the National Guard or other Armed Forces reserve force.

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(d) Once each year during the first five years following the commencement of disability benefits hereunder, and once in every three-year period thereafter, the Board may require a disability beneficiary who has not yet attained sixty-five years of age to undergo a medical examination, such examination to be made at his place of residence or other place mutually agreed upon, by a physician or physicians designated by the Bard, and such a disability benefits recipient may himself request such an examination. The designated physician or physicians shall report to the Board, following each such examination, the current status and condition of the benefits recipient's disability. (e) A disabled member's disability benefits shall cease: (i) when he returns to gainful employment with the employer for which he worked at the time his disability originated; or (ii) if he refuses to submit to any medical examination requested under the provisions of this section, and the benefits shall remain discontinued until the member's withdrawal of such refusal and submission to the requested medical examination, and should his refusal continue for one year, all his rights in and to disability benefits may be revoked by the Board; or (iii) if the Board determines on the basis of any medical examination that the member has sufficiently recovered from his disability so as to again be able to perform substantially all of the duties of the position to which he was regularly assigned when the disability originated, or so as to be able to engage in an occupation or gainful employment for which he is reasonably suited by virtue of his background, training, education and experience; or (iv) if the member does in fact obtain gainful employment compensating him at a level equal to or greater than the current compensation for the position he occupied at the time his disability originated; or (v) when he dies. (f) The Board shall prescribe and furnish a form and procedure for the application for disability benefits. Upon the receipt of an application, the Board may pass upon and decide whether to grant or deny said application on the basis of the submitted information, or may refer the application to its duly appointed Hearing Officer for a recommendation. Any applicant for disability benefits shall have the

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right to request the Board to refer his application to the Hearing Officer for a recommendation. In the consideration of any application for disability benefits, the receipt of disability benefits or payments by the applicant under the federal Social Security Act shall be deemed sufficient for eligibility for disability benefits under this section. (g) The Board is hereby authorized and empowered to appoint and compensate a Hearing Officer for the purpose of holding hearings, compiling evidence and information, and submitting evidence, information and recommendations to the Board in any disability benefits case. (h) The Hearing Officer shall have the authority to do the following in connection with any hearing on a disability application: 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 the hearing or any continued hearings, and fix the time for filing any briefs; provide for the taking of testimony by deposition or interrogatory; and reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Hearing Officer. When a subpoena issued by the Hearing Officer is disobeyed, any interested 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. Any applicant for disability benefits shall have the right to be represented by counsel before the Hearing Officer. (i) With respect to all hearings before 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 Hearing Officer shall give effect to the rules of privilege recognized by law.

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(2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. At the discretion of the Hearing Officer, the original shall be compared with the copy or excerpt. (j) The Hearing Officer 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 from the hearing to the Board, together with his recommendation thereon. 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. In its discretion, the Board may take additional testimony or remand the matter to the Hearing Officer for such purpose. The recommendation of the Hearing Officer to the Board shall be made a part of the record before the Board. (k) As a part of its decision subsequent to any hearing, the Board shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision. The Board's decision shall be mailed to the applicant for disability benefits as soon after the rendition of the decision as is practicable. (l) Any disability benefits applicant who is aggrieved as adversely affected by any final decision of the Board may seek judicial review of the final decision of the Board in the Superior Court of Spalding County. Proceedings for review shall be instituted by filing a petition with the court within thirty (30) days after the decision is rendered. A copy of the petition shall be served upon the Board. 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 should be reversed or remanded. The petition may be amended with leave of court. (m) 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

Page 585

review. By agreement of the petitioner, the record may be shortened. The court may require or permit subsequent corrections or additions to the record. (n) The filing of the petition shall in no manner stay the enforcement of the Board's decision. (o) 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 of the Board or remand the case for further proceedings. The court may reverse the decision of the Board if substantial rights of the petitioner have been prejudiced because the Board's findings, inferences, conclusions or decisions are: (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. (p) A petitioner 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 heraafter amended. (q) The amount provided for disability retirement benefits in this section shall apply to those members who have retired on disability prior to May 1, 1976, as well as to those members who retire on disability on or after said date. The service of each such member who retired prior to May 1, 1976, shall be recomputed, and the benefits provided under this section shall be paid to such member in the future beginning May 1, 1976.

Page 586

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 on May 1, 1976. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. SUPERIOR COURT JUDGES RETIREMENT SYSTEM CREATED. No. 1000 (House Bill No. 308). An Act to create the Superior Court Judges Retirement System; to provide a short title; to provide for a declaration of purpose; to provide for definitions; to provide for a Board of Trustees and its members, powers, duties and authority; to provide for a Superior Court Judges Retirement System Fund; to provide for the deposit and expenditure of funds; to provide for the investment and reinvestment of funds; to authorize the Board of Trustees to employ an agent or agents and enter into certain contracts; to provide for hearings; to provide for the adoption of tables; to provide for the payment of retirement and disability benefits; to provide for rules and regulations; to provide for the determination of eligibility for benefits; to provide for refunds and repayments; to provide for records and books; to provide for the preparation and presentation of annual financial statements; to provide for the acceptance of gifts, grants or bequests, and the use, sale or investment thereof; to require certain persons becoming superior court judges to make certain contributions

Page 587

into the Fund; to provide for Senior Judges and their qualifications, powers, duties and authority; to provide for the appointment of certain persons as Senior Judges of the Superior Courts; to prohibit certain Senior Judges from being eligible for election or appointment to certain other offices, or to practice law while receiving certain retirement pay; to provide for matters relative to service of senior judges; to provide for employee and employer contributions and the basis for such contributions; to provide for payroll deductions and the practices, procedures, qualifications and restrictions connected therewith; to provide for retirement benefits and the practices, procedures and methods for calculating such benefits; to provide for the withdrawal of certain funds; to provide for spouses' benefits; to provide for the transfer of employer and employee contributions from the Trial Judges and Solicitors Retirement Fund to the Superior Court Judges Retirement System Fund; to provide that the State Attorney General shall be the legal advisor of the Board of Trustees; to provide that persons knowingly making false statements or falsifying or permitting to be falsified any record or records of the System shall be guilty of a misdemeanor in certain cases; to provide for penalties; to provide for the correction of errors and the adjustment of benefits; to provide for the payment of the administrative expense of the Fund from funds appropriated or available for the operation of the superior courts; to amend an Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. L. 1968, p. 259), as amended, so as to remove judges of the superior courts from membership in said Retirement Fund; to correct certain references in said Act; to change certain references in the laws of this State; to amend an Act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 228), an Act approved February 16, 1950 (Ga. L. 1950, p. 341), an Act approved February 21, 1951 (Ga. L. 1951, p. 493), an Act approved February 15, 1952 (Ga. L. 1952, p. 293), an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 108), an Act

Page 588

approved February 8, 1955 (Ga. L. 1955, p. 152), an Act approved February 28, 1956 (Ga. L. 1956, p. 380), an Act approved February 21, 1957 (Ga. L. 1957, p. 82), an Act approved March 13, 1957 (Ga. L. 1957, p. 486), an Act approved March 25, 1958 (Ga. L. 1958, p. 318), an Act approved March 17, 1959 (Ga. L. 1959, p. 301), an Act approved March 3, 1960 (Ga. L. 1960, p. 161), an Act approved April 5, 1961 (Ga. L. 1961, p. 429), an Act approved March 18, 1964 (Ga. L. 1964, p. 720), an Act approved March 2, 1965 (Ga. L. 1965, p. 102), an Act approved March 11, 1968 (Ga. L. 1968, p. 275), an Act approved March 11, 1970 (Ga. L. 1970, p. 249), an Act approved April 17, 1973 (Ga. L. 1973, p. 785), so as to create the office of Senior Judge of the Superior Courts; to provide for the redesignation of certain persons as Senior Judges of the Superior Courts; to change the provisions relative to eligibility for appointment; to change the provisions relative to compensation of Senior Judges while serving as judges of the superior courts; to correct certain references; to amend an Act providing the duties and expenses of the judges emeritus of the superior courts, approved March 5, 1962 (Ga. L. 1962, p. 547), as amended, so as to change the provisions relative to compensation of judges emeritus while serving as judges of the superior courts; to provide for the redesignation of certain judges as Chief Judges; to provide that this Act shall not deny or abridge any right, benefit, option, credit, or election to which any person was heretofore entitled; to provide that any action taken pursuant to the provisions of this Act shall not constitute any waiver of rights heretofore existing; to provide for severability; to provide effective dates; 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: PART I Section 1 . This Part shall be known and may be cited as the Act Creating the Superior Court Judges Retirement System. Intent.

Page 589

The General Assembly hereby recognizes that it is in the public interest to encourage the best, most experienced attorneys to serve as judges of the superior courts of this State. The General Assembly recognizes that these attorneys will be forty to fifty years of age at the time they become judges of the superior courts. Recognizing the fact that such persons are older than the average government employee at the time of first assuming office, the General Assembly is providing for a shorter period of actual service on the bench in order to qualify for benefits under the provisions of this Act. Because of this shorter period of required service it is the intention of the General Assembly to make no provision for credit for service other than actual service as a judge of the superior courts. It is, therefore, the purpose of this Act to reward those citizens of Georgia for their actual service as members of the judicial branch of State government. Section 2. Definitions . As used in this Act: (a) System or Retirement System means the Superior Court Judges Retirement System created by this Act. (b) Fund means the Superior Court Judges Retirement System Fund provided for by section 4 of this Act. (c) Board means the Board of Trustees provided for in section 3 of this Act. (d) Creditable Service means: (1) Service performed as a superior court judge after December 31, 1976, when such judge is a member of the Retirement System created by this Act; and (2) Creditable service obtained pursuant to subsections (c), (d) and (e) of section 8 of this Act; and (3) Creditable service obtained pursuant to section 18 of this Act. (e) Employer shall mean the State of Georgia.

Page 590

Section 3 . There is hereby created the Superior Court Judges Retirement System which shall be administered by a Board of Trustees composed of the Governor, the Attorney General and the Director of the Fiscal Division of the State Department of Administrative Services. Trustees. Section 4 . (a) The board shall have control of the funds provided for in this Act, and all funds received by the Board shall be deposited in a special account to the credit of the Superior Court Judges Retirement System Fund. The benefits provided for in this Act and all administrative expenses shall be paid from said special account. The Board shall have authority to expend the funds in accordance with the provisions of this Act. (b) The Board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. Subject to said terms, conditions, limitations and restrictions, the Board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the Fund. (c) The Board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counselors, making recommendations for investments and making investments if the Board so authorizes. Section 5 . The Board is hereby given the following authority, powers and duties: To contract with proper Federal authorities for Old Age, Survivors' and Disability Insurance coverage under the Social Security Act; to provide for the collection of all money provided for in this Act; to provide for the payment of all administrative expenses; to hear and decide all applications for retirement and disability benefits provided for under this Act; to adopt such tables as it shall

Page 591

deem desirable in connection with the proper operation of the System; to provide for the payment of all retirement and disability benefits that may be determined to be due under the rules and regulations as adopted by the Board; to make and promulgate all necessary rules and regulations not inconsistent with the laws of the State of Georgia to carry out the provisions of this Act; to determine eligibility of persons to receive retirement benefits, and disability benefits under the provisions of this Act; to make provisions for refunds and repayments to persons who may be entitled to receive same; to keep records of all its meetings; and all other powers necessary for the proper administration of the provisions of this Act. Powers. Section 6 . The Board shall keep permanent records of all its accounts in granting retirement and disability benefits, and shall keep proper records and books concerning the operation of the Board. The Board shall present each year at the beginning of the regular session of the General Assembly an annual financial statement of the System. Records. Section 7 . The Board may take by gift, grant or bequest, any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of said System in accordance with the provisions of this Act. Gifts. Section 8 . (a) Any person becoming a superior court judge for the first time after December 31, 1976, shall be a member of the Retirement System created by this Act and shall make employee contributions into the Fund as provided for hereinafter. Any judge of the superior court holding office as such on December 31, 1976, who is transferred from the Trial Judges and Solicitors Retirement Fund Act by section 18 of this Act shall be a member of the Retirement System created by this Act and shall make employee contributions into the Fund as provided for hereinafter. Members. (b) Any member of the Superior Court Judges Retirement System created by this Act shall not be eligible to make contributions to the Employees' Retirement System of Georgia created by an Act approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, or to the Superior Court Judges

Page 592

Retirement Fund of Georgia created by the Act creating the Office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended; nor shall any such member be eligible for appointment as Senior Judge pursuant to said Act. (c) Any judge of the superior court who took office for the first time subsequent to June 30, 1968, and who did not become a member of the Trial Judges and Solicitors Retirement Fund created by the Act approved March 11, 1968 (Ga. L. 1968, p. 259), as amended, shall be a member of the Retirement System created by this Act, and upon the payment of employee contributions into the Fund created by this Act that would have been paid under said Act had he been a member of said retirement fund, plus interest on such contributions at the rate of 6% per annum, shall receive creditable service under this Act for all service as a judge of the superior court. (d) Any superior court judge holding office on July 1, 1976, who is a member of the Employees' Retirement System of Georgia may elect to become a member of the Retirement System created by this Act. Such election shall be made by not later than December 31, 1976, and any judge so electing shall be required to pay to the Board, on or before December 31, 1976, the employee contributions required by this Act plus interest at the rate of 6% per annum for each full year he has served as a superior court judge. The employee contributions required herein shall be based on the State salary paid to superior court judges at the time the service was rendered. No service for a portion of a calendar year shall be eligible for creditable service under this subsection. Upon making such payments such service shall be creditable service for the purposes of this Act. Any such superior court judge failing to make the election provided for herein by December 31, 1976, shall not at any time thereafter be eligible to become a member of the Retirement System created by this Act. (e) Any superior court judge holding office on July 1, 1976, who was eligible for membership in the Superior Court Judges Retirement Fund of Georgia created by the Act

Page 593

creating the office of Judge of the Superior Courts, Emeritus, but who elected not to become a member of said Retirement Fund, may elect to become a member of the Retirement System created by this Act. Such election shall be made by not later than December 31, 1976, and any judge so electing shall be required to pay to the Board, on or before December 31, 1976, the employee contributions required by this Act plus interest at the rate of 6% per annum for each full year he has served as a superior court judge. The employee contributions required herein shall be based on the State salary paid to superior court judges at the time the service was rendered. No service for a portion of a calendar year shall be eligible for creditable service under this subsection. Upon making such payments, such service shall be creditable service for the purposes of this Act. Any such superior court judge failing to make the election provided for herein by December 31, 1976, shall not at any time thereafter be eligible to become a member of the Retirement System created by this Act. Section 9 . (a) There is hereby created the office of Senior Judge of the Superior Courts, and any judge of the superior courts who retires pursuant to the provisions of this Act shall be a Senior Judge of the Superior Courts, effective on the effective date of his retirement. Any Senior Judge of the Superior Courts, while receiving retirement or disability pay, shall not be eligible for election or appointment to any other office in this State, and such Senior Judges may not practice law while receiving such retirement or disability pay. Senior judge. (b) Senior Judges may be called upon to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Any such Senior Judge may be subject to designation and assignment, with his consent, either as additional or substitute judge. Such Senior Judges shall be compensated, in addition to the retirement pay provided for herein, in the amount of $100 per day for such services. In addition to such compensation such judges shall receive their actual expenses and shall receive mileage at the same rate as other State employees for such services. Said compensation, expenses and mileage shall be paid from

Page 594

State funds appropriated or otherwise available for the operation of the superior courts upon a certificate by the judge as to the number of days served and the expenses and mileage. Such compensation shall be in lieu of all other compensation for such services, but shall not affect, diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such judge. Section 10 . (a) The basis for employee contributions to the Fund created by this Act shall be the salaries from State funds provided by law for judges of the superior courts. The Department of Administrative Services is hereby authorized and directed to deduct monthly from the salary of each judge of the superior court who is a member of the Retirement System created by this Act, seven and one-half percent of such salary to cover the employee contributions to the Fund created by this Act. The Department of Administrative Services is also authorized to make an additional deduction from such salaries to cover any required employee tax for Social Security coverage. The Department of Administrative Services is hereby authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the State, any required employer contribution for Social Security coverage on said judges. From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the Retirement Fund created by this Act employer contributions, including contributions to fund any creditable service authorized by this Act, which, together with employee contributions and the earnings of the Fund, shall be an amount sufficient to fund the service and disability retirement benefits provided for by this Act. Contributions. (b) The deductions from State salaries and allowances payable to judges of the superior courts shall be made notwithstanding that the compensation and allowances fixed by law for such judges shall be reduced thereby. Such judges shall be deemed to consent and agree to the deductions made, and payment of the salary and compensation and allowances, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the

Page 595

services rendered by such judges during the period covered by such payment. Section 11 . (a) Except as otherwise provided herein, any member who has attained the age of seventy years who fails to retire effective on the first day of the calendar month next succeeding that in which he attains the age of seventy years shall forfeit his right to receive any retirement or disability benefits under the provisions of this Act. Notwithstanding the foregoing provisions of this subsection, a member who held office as a judge of the superior court on July 1, 1976, shall not be required to retire, regardless of his age, until such member obtains ten years of creditable service to qualify him for early retirement benefits under subsection (a) of section 12 of this Act. Eligibility. (b) The maximum retirement benefits shall be based on sixteen years of creditable service and the attainment of age sixty-five. After completing such years of service, and upon attaining age sixty-five, a judge of the superior court shall be entitled to retire and receive a monthly retirement benefit equal to two-thirds of the monthly State salary being paid to superior court judges as hereinafter provided. The monthly State salary on which retirement benefits shall be based shall be the monthly State salary paid to superior court judges at the time of retirement for a judge with less than sixteen years of creditable service or the monthly State salary paid to superior court judges at the time of completion of sixteen years of creditable service for a judge with sixteen or more years of creditable service. After obtaining sixteen years of creditable service, a member shall cease making employee contributions to the Retirement Fund created by this Act. Section 12 . (a) In lieu of retirement at the maximum benefits as provided by subsection (b) of section 11 of this Act, a member may retire at any time after attaining age 60 and after obtaining a minimum of ten years of creditable service, and the monthly retirement benefit for such early retirement shall be a percentage of the maximum retirement benefits providd by subsection (b) of section 11 of this Act. The percentage shall be computed by comparing the

Page 596

number of actual years of service as a superior court judge with the figure sixteen. In no event, however, shall the benefits under this provision exceed 75% of the maximum retirement benefits as provided in said subsection (b) of section 11 of this Act. Service. (b) A member may retire pursuant to subsection (b) of section 11 of this Act or pursuant to subsection (a) of this section by making written application to the Board of Trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the filing of such application, he desires to be retired. Section 13 . After obtaining a minimum of four years' creditable service, any member who shall become totally and permanently disabled to the extent that he is unable to perform the duties of his office shall be entitled to receive a disability retirement benefit which shall be one-half of the maximum retirement benefits provided by subsection (b) of section 11 of this Act, unless the member would qualify for greater benefits under subsection (a) of section 12 of this Act, in which event that subsection would apply. The disability of any member applying for disability retirement benefits shall be determined by the Board in the same manner and under the same procedure as disability of State employees is determined in accordance with the applicable provisions of the Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as the same is now or may hereafter be amended. Disability retirement benefits shall become payable within thirty days after such disability is determined by the Board as herein provided. Disability. Section 14 . If a member ceases to hold office as a superior court judge, he may withdraw the total sum, with interest, at the rate of 6% per annum, which he has paid into the Fund, but he shall not be eligible at any time after such withdrawal to become a member of the Retirement System, unless such member shall at a later date hold office as a superior court judge, in which event he shall be reinstated into the System in the same manner as if he had never before been a member of the System. Any such

Page 597

reinstated member shall have the privilege of reestablishing any prior creditable service by making reimbursement of the amount withdrawn plus interest within sixty days of the certification of such amount by the Board of Trustees. Withdrawal of funds. Section 15 . (a) Except as otherwise provided by subsection (e) of this section, each superior court judge who is a member of the Retirement System created by this Act shall pay an employee contribution, in addition to the employee contribution required by subsection (a) of section 10 of this Act, of two and one-half percent of the State salary paid to such judge for spouses' benefits as provided hereinafter. The Department of Administrative Services shall be authorized to deduct monthly the employee contributions required herein for spouses' benefits. Contributions. (b) If a member subject to this section, who has attained a minimum of ten years of creditable service, dies, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of such surviving spouse a monthly sum equal to 50% of the retirement benefit which the member was receiving at the time of his death, if retired at such time, or which would have been payable to the member had he retired as of the date of his death or, if the member had not attained age 60 at the time of his death, 50% of the retirement benefit the member would have received had he lived and retired at age 60. (c) Any judge of the superior court becoming a member of the Retirement System created by this Act pursuant to subsections (c), (d) and (e) of section 8 of this Act, who does not reject spouses' benefits as provided by subsection (e) hereof shall pay to the Board, by not later than December 31, 1976, employee contributions at the rate specified by subsection (a) of this section, plus interest thereon at the rate of six percent per annum, for all years of service as a superior court judge on the basis of the salary paid to superior court judges from State funds at the time the service was rendered. (d) Any member of the Retirement System created by this Act who rejects spouses, benefits coverage, or who

Page 598

ceases such coverage pursuant to subsection (j) of this section, because such member was unmarried at the time of such rejection or because such member's spouse died or because such member ceased to be married shall have the option to elect spouses' benefits within sixty days after becoming married or remarried, as the case may be. Any member so electing must make the necessary contributions for spouses' benefits coverage for a total of at least ten years in order for such member's spouse to qualify for the spouses' benefits provided for by this section. (e) A member of the Retirement System created by this Act shall have the right to reject the spouses' benefits provided by this section by notifying the Board, in writing, of such rejection on a form to be supplied by the Board. Any superior court judge wishing to reject such benefits who becomes a member of the Retirement System created by this Act on December 31, 1976, shall notify the Board of such rejection by December 31, 1976. Any superior judge wishing to reject such benefits who subsequently becomes a member of the Retirement System created by this Act shall notify the Board of such rejection within 60 days after becoming a superior court judge. (f) It shall be the duty of the Board of notify judges of the superior courts who are subject to the provisions of this Act of the requirements of this section. (g) Should there not be a surviving spouse of a member covered by this section or if a member not covered by this section should die before retirement, the amount of accumulated contributions made by such member, with interest thereon, shall be paid to his surviving spouse, if any, or to the living person, if any, nominated by written designation of the member duly executed and filed with the Board of Trustees, otherwise to the member's estate. (h) This section shall not be construed to require the payment of the additional employee contribution of two and one-half percent for service as a judge of the superior court rendered prior to December 31, 1976, except for those

Page 599

judges subject to the provisions of subsection (c) of this section. (i) When a member elects to obtain spouses' benefits as provided herein and such member attains sixteen years of creditable service for regular retirement pursuant to subsection (b) of section 11 of this Act, such member shall continue to make employee contributions required herein for spouses' benefits until such time as such member attains sixteen years of creditable service for the purpose of spouses' benefits. (j) If the spouse of a member dies or if a member ceases to be married, then such member who has elected to obtain spouses' benefits pursuant to this section may cease making the employee contributions for spouses' benefits required herein. Such member shall notify the Board of Trustees in writing to cease deducting such employee contributions within 60 days after the date of the death of the spouse or after the date the member ceases to be married, and upon such notification, no further deductions shall be made. When a member ceases to make such employee contributions as provided herein, there shall be no return of such contributions previously made by such member. Section 16 . (a) Any judge of the superior court who is a member of the Superior Court Judges Retirement Fund of Georgia created by an Act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, and who is not eligible for spouses' benefits under the provisions of said Act shall have the option of electing spouses' benefits coverage under section 15 of this Act subject to the following requirements: Option. (1) Such election must be made in writing to the Board by not later than December 31, 1976; and (2) The judge so electing must pay to the Board, by not later than December 31, 1976, employee contributions at the rate specified by section 15 of this Act, plus interest thereon at the rate of 6% per annum, for all years of service as a

Page 600

superior court judge on the basis of the salary paid to superior court judges from State funds at the time the service was rendered; and (3) The judge so electing must pay to the Board employee contributions specified by section 15 for service as a superior court judge rendered after December 31, 1976. (b) The spouse of any such superior court judge electing the spouses' benefits provided for herein shall be entitled to the benefits provided by section 15 of this Act, as if such superior court judge was a member of the Retirement System created by this Act. Section 17 . The right to a retirement benefit, to the returns of contributions, any optional benefit or any other right accrued or accruing to any person under the provisions of this Act and the moneys in the Fund created by this Act are hereby exempt from any State, county, or municipal tax, and exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as in this Act specifically otherwise provided. Tax exemptions. Section 18 . All employer and employee contributions, plus the earnings thereon, made to the Trial Judges and Solicitors Retirement Fund, pursuant to the Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. L. 1968, p. 259), as amended, by or on behalf of judges of the superior courts are hereby transferred to the Superior Court Judges Retirement System Fund created by this Act. All judges of the superior courts, who, on December 31, 1976, are members of the Trial Judges and Solicitors Retirement Fund provided by the aforesaid Act, shall become members of the Retirement System created by this Act, effective on December 31, 1976. Any creditable service credited to any such judge of the superior courts for service as a judge of the superior courts, pursuant to said Act, on December 31, 1976, shall be deemed to be creditable service for the purposes of this Act, effective December 31, 1976.

Page 601

Section 19 . The State Attorney General shall be the legal advisor of the Board of Trustees. Legal advisor. Section 20 . Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the System in any attempt to defraud the System as a result of such an act shall be guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding twelve months, or both, such fine and imprisonment to be at the discretion of the court. Should any change or error in the records result in any member or beneficiary receiving from the Fund more or less than he would have been entitled to receive had the records been correct, the Board of Trustees shall have the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. False statements. Section 21 . To pay the administrative expense of the Fund, upon the receipt of a request from the Board of Trustees on or after the effective date of this Act, and each year thereafter, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State, into the Fund an amount equivalent to one percent of the compensation paid from State funds to the judges of the superior courts of Georgia for personal services rendered by them as reflected by the State Auditor's Report for the previous fiscal year. Expense. Section 22 . The Board is hereby authorized and directed to adopt rules and regulations to carry out the provisions of this Act and to distribute the same to the judges of the superior courts. Rules. PART II Section 23 . An Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968

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(Ga. L. 1968, p. 259), as amended, is hereby amended by striking from subsection (e) of section 2 the following: superior court judge, so that when so amended, subsection (e) of section 2 shall read as follows: (e) `Creditable Service' means service performed as a contributing member of the Fund after June 30, 1968, while a solicitor general or judge or solicitor of an inferior court, and service performed prior to June 30, 1968, as judge or solicitor of an inferior court when employer and employee contributions for such prior service are paid into said Fund as provided for in this Act. Creditable service. Section 24 . Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. (a) There is hereby created the Trial Judges and Solicitors Retirement Fund which shall be administered by the Board of Trustees of the Employees' Retirement System of Georgia; provided, however, that only for the purpose of administering said Fund, one district attorney shall be an ex officio member of the Board of Trustees of the Employees' Retirement System and shall be elected as hereinafter provided. Ex officio member. (b) The ex officio member who shall be a district attorney shall be elected annually by the District Attorneys Association of Georgia. The first such district attorney shall be elected at the regular June, 1968, meeting of the District Attorneys Association of Georgia, and the term of office as an ex officio member on said Board shall begin on July 1, 1968, and expire on June 30, 1969. Subsequent members shall be elected or reelected annually thereafter at the June meeting of such Association, and shall take office on July 1, following their election. Section 25 . Said Act is further amended by striking subsections (a), (b), and (c) of section 8 in their entirety and

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inserting in lieu thereof new subsections (a), (b), and (c) of section 8 to read as follows: Section 8. (a) Any person, except as otherwise provided in subsection (c) of this section, becoming a district attorney for the first time, or a judge or solicitor of an inferior court, after June 30, 1968, shall be a member of the Trial Judges and Solicitors Retirement Fund, and shall begin making employee contributions into said Fund as provided for hereinafter. District attorney. (b) Any district attorney except as otherwise provided in subsection (c) of this section, whose office was created at the regular 1968 session of the General Assembly shall be a member of the Trial Judges and Solicitors Retirement Fund and shall not be eligible to become a district attorney, emeritus and shall begin making employee contributions into said Fund as provided for hereinafter. (c) Any member of the General Assembly who has been in continuous service as such since the convening of the General Assembly in January, 1957, and who, without any break in such service, becomes a district attorney, by election or appointment, shall be eligible to become a district attorney, emeritus, as the case may be, regardless of the time at which any such member becomes a district attorney. Section 26 . Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. (a) The basis for employer and employee contributions to said Fund with respect to district attorneys shall be the salaries from State funds provided by law for such district attorneys, and the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to deduct monthly from such salaries ten percent of such amount to cover employee contributions to the Fund. The Fiscal Division of the Department of Administrative Services is also directed to make an additional deduction to cover the required employee tax for Social

Page 604

Security coverage. The Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the State, the required employer contribution for Social Security coverage on said district attorneys. From funds appropriated or otherwise available for the operation of superior courts, the Fiscal Division of the Department of Administrative Services is authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions which shall be equal to the amount contributed monthly by the district attorneys. Contributions. (b) The deductions from State salaries and allowances payable to district attorneys shall be made notwithstanding that the compensation and allowances fixed by law for such district attorneys shall be reduced thereby. Such district attorneys shall be deemed to consent and agree to the deductions made, and payment of the salary and compensation and allowances, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such district attorneys during the period covered by such payment. Section 27 . Said Act is further amended by striking from section 18 the following: judge of the superior court or, and by striking from said section the following: judges and, so that when so amended, section 18 shall read as follows: Section 18. After obtaining a minimum of ten years' creditable service, any member may retire on a monthly retirement benefit upon written application to the Board of Trustees setting forth at what time, not less than thirty days nor more than ninety days, subsequent to the execution and filing thereof, he desires to be retired, provided the member at the time so specified for retirement has attained age sixty-five. The maximum retirement benefits shall be

Page 605

based on twenty-five years of service as a contributing member of said Fund and the attainment of age sixty-five, no further employee or employer contributions shall be paid into said Fund. Any district attorney, while receiving retirement pay, shall not be eligible for election or appointment to any other office in this State, and such district attorneys may not practice law while receiving such retirement pay. Any judge or solicitor of an inferior court, while receiving retirement pay, shall not be eligible for election or appointment to any other office in this State and may not practice law while receiving retirement pay unless he was authorized to engage in the private practice of law while actively serving as such judge or solicitor. Upon retirement, a member shall receive a monthly benefit which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement and a matching monthly benefit derived from contributions of the employer based on actuarial tables adopted by the Board as recommended by its actuary. Section 28 . Said Act is further amended by striking section 27 in its entirety and inserting in lieu thereof a new section 27 to read as follows: Section 27. To pay the administrative expense of the Fund, upon the receipt of a request from the Board of Trustees on or after the effective date of this Act, and each year thereafter, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State, into the Fund an amount equivalent to two percent (2%) of the compensation paid from State funds to the district attorneys of the superior courts of Georgia for personal services rendered by them as reflected by the State Auditor's Report for the previous fiscal year. Expense. Section 29 . Said Act is further amended by striking from section 29 the following: judges and solicitors general of the superior courts, and inserting in lieu thereof the following:

Page 606

district attorneys, so that when so amended section 29 shall read as follows: Section 29. The Board is hereby authorized and directed to adopt rules and regulations to carry out the provisions of this Act and to distribute the same to the district attorneys, to the judges and solicitors of inferior courts and to the governing authorities paying the cost of the operation of the inferior courts prior to the time employee and employer contributions shall become payable as provided in this Act. Rules. PART III Section 30 . The words judges of the superior courts, emeritus or judges of the superior courts, emeritus or judge, emeritus or judges, emeritus, when referring to any judge or judges of the superior courts, emeritus, are hereby stricken wherever the same appear in an Act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, or in any other law of this State, and the words, Senior Judge of the Superior Courts or Senior Judges of the Superior Courts or Senior Judge or Senior Judges, respectively, are hereby inserted in lieu of such stricken words. Section 31 . An Act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 228), an Act approved February 16, 1950 (Ga. L. 1950, p. 341), an Act approved February 21, 1951 (Ga. L. 1951, p. 493), an Act approved February 15, 1952 (Ga. L. 1952, p. 293), an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 108), an Act approved February 8, 1955, (Ga. L. 1955, p. 152), an Act approved February 28, 1956 (Ga. L. 1956, p. 380), an Act approved February 21, 1957 (Ga. L. 1957, p. 82), an Act approved March 13, 1957 (Ga. L. 1957, p. 486), an Act approved March 25, 1958 (Ga. L. 1958, p. 318), an Act approved March 17, 1959 (Ga. L. 1959, p. 301), an Act approved March 3, 1960 (Ga. L. 1960, p. 161), an Act

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approved April 5, 1961 (Ga. L. 1961, p. 429), an Act approved March 18, 1964 (Ga. L. 1964, p. 720), an Act approved March 2, 1965 (Ga. L. 1965, p. 102), an Act approved March 11, 1968 (Ga. L. 1968, p. 275), an Act approved March 11, 1970 (Ga. L. 1970, p. 249), an Act approved April 17, 1973 (Ga. L. 1973, p. 785), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1.There is hereby created the office of Senior Judge of the Superior Courts. Any judge of the superior court who was appointed Judge of the Superior Courts, Emeritus prior to July 1, 1975, is hereby redesignated as Senior Judge of the Superior Courts effective December 31 1976. Any judge of the superior court eligible for appointment as Judge of the Superior Courts, Emeritus on December 31, 1976, or who becomes eligible after said date shall be designated as Senior Judge of the Superior Courts upon accepting such appointment. Senior judge. Section 32 . Said Act is further amended by adding at the end of the first paragraph of section 2 the following: Likewise, any Judge of the Superior Court of the State of Georgia shall be eligible for appointment to Senior Judge of the Superior Courts, for early retirement with reduced benefits who shall have attained the age of sixty-five (65) years and who shall have completed ten years of actual service as a Judge of the Superior Court, as distinguished from creditable service. Section 33 . 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. Senior Judges, while serving as judges of the superior courts as herein provided, shall receive compensation in the amount of $100 per day. In addition to such compensation, such Senior Judges shall receive their actual expenses and shall receive mileage at the same rate as other State employees for such services. Said compensation, expenses and mileage shall be paid from State funds

Page 608

appropriated or otherwise available for the operation of the superior courts, upon a certificate by the Senior Judge as to the number of days served and the expenses and mileage. Such compensation shall be in lieu of all other compensation for such services, but shall not affect, diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such Senior Judge. Section 34 . Said Act is further amended by striking paragraph (1) of section 10(b), which reads as follows: (1) He has reached the age of sixty-eight (68) years and has for a period of ten (10) years made payments to said fund at the rate herein specified and has been appointed Judge of the Superior Court Emeritus, as provided in section 2 of this Act; or, and inserting in lieu thereof a new subsection (1) of section 10(b), to read as follows: (1) He has reached the age of sixty-five (65) years and has completed ten years of service as a Judge of the Superior Courts of this State, as distinguished from creditable service, and has for the period of his service as such judge made payments to the retirement fund at the rate herein specified, and has been appointed as a Senior Judge of the Superior Courts, as provided in section 2 of this Act; or. Section 35 . Said Act is further amended by striking paragraph (1) of section 11 (b) which reads as follows: (1) Any judge of the superior court of the State of Georgia who shall have attained the age of 68 years and shall be in at least his 10th year of service as a judge of the superior court of this State; or, and inserting in lieu thereof a new subsection (1) of section 11(b) to read as follows: (1) He has reached the age of sixty-five years and has completed ten years of service as a judge of the superior

Page 609

courts of this State, as distinguished from creditable service, and has for the period of his service as such judge made payments to the retirement fund at the rate herein specified, and has been apointed under this Act as a Senior Judge of the Superior Courts, as provided in section 2 of this Act; or. Section 36 . Said Act is further amended by striking paragraph (1) of subsection (b) of section 12, which reads as follows: (1) Any judge of the superior court of the State of Georgia who shall have attained the age of seventy years and shall be in at least his eleventh year of service as a judge of the superior court; or, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Any judge of the superior courts of the State of Georgia who shall have attained the age of sixty-five years and shall have completed ten years of actual service as judge of the superior courts; or. Section 37 . An Act providing the duties and expenses of the judges emeritus of the superior courts, approved March 5, 1962 (Ga. L. 1962, p. 547), as amended, is hereby amended by striking section 3A in its entirety and inserting in lieu thereof a new section 3A to read as follows: Section 3A. Senior Judges, while serving as judges of the superior courts as herein provided, shall receive compensation in the amount of $100 per day. In addition to such compensation such Senior Judges shall receive their actual expenses and shall receive mileage at the same rate as other State employees for such services. Said compensation, expenses and mileage shall be paid from State funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the Senior Judge as to the number of days served and the expenses and mileage. Such compensation shall be in lieu of all other compensation for such services, but shall not affect, diminish or otherwise

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impair the payment or receipt of any retirement or pension benefits of such Senior Judge. Section 38 . Wherever any law of this State uses the words Senior Judge to refer to any judge of the superior court who is holding office as an active judge of the superior court, such words are hereby stricken, and the words Chief Judge are hereby inserted in lieu of such stricken words. The words Senior Judge of the Superior Courts or Senior Judge shall refer only to Senior Judges of the Superior Court designated as such pursuant to the provisions of the Act known as the Act Creating the Superior Court Judges Retirement System or the Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended. Section 39 . The provisions of this Act shall not deny or abridge any right, benefit, option, credit or election to which any person was entitled under the provisions of the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. L. 1968, p. 259), as amended, or an Act providing for the creation of the office of judge of the superior courts, emeritus, and creating the Superior Court Judges Retirement Fund of Georgia, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, or under any other applicable Act of the General Assembly of Georgia, and any action taken pursuant to this Superior Court Retirement System Act or paying any funds to any retirement board or system that may be designated in said Act and any action taken pursuant to any section of this Act shall not be considered as a waiver of the rights of any person, including the rights enumerated in Ga. Code Ann. Number 24-2616(a) or any Act or section of the aforesaid Emeritus Act of 1945, as amended, and constituted as the law of the State of Georgia prior to the enactment of this Superior Court Judges Retirement System Act. The purpose of this section is to protect rights which are vested and not to create any new rights. Section 40 . 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

Page 611

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 41 . This Act shall be effective for administrative purposes on July 1, 1976. For all other purposes, this Act shall become effective on December 31, 1976. Effective date. Section 42 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. EMPLOYEES RETIREMENT SYSTEM ACT AMENDEDDUTIES OF ACTUARY CHANGED. No. 1001 (House Bill No. 326). An Act to amend an Act establishing the Employees Retirement System of Georgia approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide that the tangible, intangible, real, personal or mixed property, investments or assets of the Retirement System and the proceeds or earnings derived from such property, investments or assets are public property and exempt from taxation and from levy and sale, garnishment, attachment or any other process whatsoever; to exempt transfers and sales of Retirement System property, investments or assets from taxation; to exempt the instruments of trnasfer

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or sale of Retirement System property from 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 approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, which provides for the establishment of the Employees Retirement System of Georgia is hereby amended by adding the following new section 9A to said Act to read as follows: Section 9A. (1) The tangible, intangible, real, personal or mixed property, investments or assets of the Retirement System of whatever kind or nature and the earnings or proceeds derived from such property, investments or assets are hereby declared to be public property and exempt from taxation by the State, or by any County, Municipality, Authority or political subdivision of this State and exempt from levy and sale, garnishment, attachment, or any other process whatsoever. (2) The transfer or sale of tangible, real, personal or mixed property, investments or assets to or from the Retirement System, and the instruments of such transfer or sale, are hereby exempted from any tax on such sales, transfers or instruments, levied by the State or by any County, Authority, Municipality or political subdivision 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 in conflict with this Act are hereby repealed. Approved March 24, 1976.

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REVENUEINCOME TAX-EXEMPT ORGANIZATION DEFINED. Code 92-3015 Amended. No. 1002 (House Bill No. 533). An Act to amend Code section 92-3105, relating to corporations and organizations exempt from State income tax, as amended, so as to provide that corporations and organizations shall be exempt from State income taxation on a similar basis as such corporations and organizations are exempt from federal income taxation; to provide for filing of applications for exempt status; to provide for a tax on certain income; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-3105, relating to corporations and organizations exempt from State income tax, as amended, is hereby repealed in its entirety and a new section 92-3105 is hereby adopted to read as follows: (a) Corporations and organizations exempt from tax. An organization described below shall be exempt from taxation imposed under Georgia Code section 92-3102, as amended unless such exemption is denied under subsections (b) or (c) of this Act. Code 92-3105 amended. (1) Those organizations described by the provisions of section 501(c) or section 501(d) or section 501(e) or section 664 or section 401 of the United States Internal Revenue Code of 1954, as amended. Such organizations shall be exempt from taxation for State purposes in the same manner and to the same extent as for federal purposes. (2) Insurance companies which pay to the State a tax upon premium income. (3) Building and loan associations and cooperative banks without capital stock, organized and operated for mutual purposes and without profit.

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(4) Banks and trust companies, including savings banks incorporated under the banking laws of this State or of the United States, doing a general banking business. (b) An organization requesting exemption under subsection (a) (1) shall file a written application with the State Revenue Commissioner. The State Revenue Commissioner shall have the authority to issue a determination letter or ruling to an organization requesting such exemption, either approving or disallowing the requested exempt status. Until a determination letter approving such exempt status is issued by the State Revenue Commissioner, no exempt status shall exist. Provided, however, that those organizations which have an exempt status in effect under provisions of section 501(c) or section 501(d) or section 501(e) or section 664 or section 401 of the United States Internal Revenue Code of 1954, as amended, on the date this Act becomes effective shall retain such exempt status unless revoked as hereinafter provided. The State Revenue Commissioner shall have the authority to issue rules governing the filing of written applications and the issuance of determination letters. The State Revenue Commissioner shall have the authority to revoke the exempt status of any organization described in subsection (a) (1), when: (1) the United States Internal Revenue Service revokes the exempt status of an organization; or (2) the organization ceases to be organized or operated in the manner in which it was organized or operated at the time the exempt status was granted; or (3) the organization engages in any prohibited transaction as set forth in the United States Internal Revenue Code of 1954, as amended; or (4) there is any material change in the character or purpose of the organization or in the mode of operation of the organization. Such revocation shall revoke the exempt status retroactively to the time of the occurrence of the disqualifying

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event or events hereinbefore set forth. All exempt organizations shall immediately notify the State Revenue Commissioner, in writing, of the occurrence of any of the disqualifying events hereinbefore described, or of receipt by such organization of a notice of intent to terminate its exempt status by the United States Internal Revenue Service. The statute of limitations governing the assessments of any taxes determined to be due the State of Georgia, due to the revocation of exempt status, shall be tolled as of the date of the occurrence of the event or events hereinbefore described. The State Revenue Commissioner may at any time require an organization which is exempt from taxation to file an information return stating the organization's gross income, receipts, disbursements, accumulation of income, or other data deemed necessary for the proper administration of this Act. (c) Unrelated Business Income-Tax is hereby imposed on income from trade or business which is not related to exempt purposes of organizations described in subsection (a)(1). This income shall be referred to as unrelated business income and shall be such income as presently defined in section 512 of the United States Internal Revenue Code of 1954, as amended. Tax shall be at the rate provided in Ga. Code section 92-3102, as amended. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976.

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HUMAN RESOURCES DEPARTMENT REQUIRED TO PROVIDE FOR NUTRITIONAL SCREENING OF PUBLIC SCHOOL CHILDREN. No. 1005 (House Bill No. 718). An Act to amend an Act requiring the State Department of Human Resources (formerly Department of Public Health), in cooperation with the State Board of Education, to promulgate rules and regulations providing for eye, ear and dental examinations for students in the public schools of this State, approved March 10, 1972 (Ga. L. 1972, p. 214), so as to promulgate rules and regulations providing for a nutritional screening of students in the public schools of this State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act requiring the State Department of Human Resources (formerly Department of Public Health), in cooperation with the State Board of Education, to promulgate rules and regulations providing for eye, ear and dental examinations for students in the public schools of this State, approved March 10, 1972 (Ga. L. 1972, p. 214), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. The State Department of Human Resources is hereby authorized and directed, in cooperation with the State Board of Education, to promulgate rules and regulations to provide for a nutritional screening and eye, ear and dental examinations for each student entering the first grade in the public schools of this State and at such other times as such rules and regulations shall provide. Such rules and regulations shall provide procedures for local boards of health to provide for such examinations and screenings and for the issuance of a certificate to the parent or parents of children entering the first grade indicating that such examinations and screenings have been made and such certificates shall be turned in to the school officials at the time of enrollment. Such rules and regulations shall further provide

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that the examinations and screenings required herein may be made by private practitioners and authorize the certification provided for herein by such private practitioners. Rules. Section 2 . The provisions of this Act shall become effective September 1, 1978; provided federal matching funds consisting of at least thirty percent of the total cost are available and provided that State funds are appropriated specifically for the funding of the nutritional evaluation set out in this Act. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. GEORGIA CRIME INFORMATION CENTER ACT AMENDED. No. 1006 (House Bill No. 732). An Act to amend an Act to provide for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. L. 1973, p. 1301), so as to provide additional definitions; to modify the organization and structure of the Georgia Crime Information Center; to change the provisions relative to the duties of the Georgia Crime Information Center; to provide for reporting to the Georgia Crime Information Center by justices of the peace; to delineate the duties and change the membership of the Georgia Crime Information Council; to change the provisions relative to compensation of members of the Council; to change the provisions relative to penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to provide for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. L. 1973, p. 1301), is hereby amended by adding

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to section 1 thereof new subsections (d) and (e) to read as follows: (d) `Criminal justice information' means and shall include the following classes of information: (1) `Secret' data include information dealing with those elements of the operation and programming of the GCIC/CJIS computer system and the communications network, and satellite computer systems handling criminal justice information which prevents unlawful intrusion into the system. Definitions. (2) `Criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system. (3) `Sensitive' data contains statistical information in the form of reports, lists and documentation which may identify a group characteristic. It may apply to groups of persons, articles or vehicles, etc.; e.g., white males or stolen guns. (4) `Restricted' data contains information relating to data-gathering techniques, distribution methods, manuals and forms. (e) `Law enforcement agency' means a governmental unit of one or more persons employed full time or part time by the State, a State agency or department or a political subdivision of the State for the purpose of preventing and detecting crime and enforcing State laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. Section 2 . Said Act is further amended by striking from subsection (a) of section 2 thereof the words within the

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Department of Public Safety and substituting therefor the words within the Georgia Bureau of Investigation, and striking the words GCIC Advisory Council and substituting therefor the words and symbol GCIC Council, the, so that, as amended, said subsection (a) shall read as follows: (a) There is hereby established for the State of Georgia, within the Georgia Bureau of Investigation, a system for the intrastate communication of vital information relating to crimes, criminals, and criminal activity to be known as the Georgia Crime Information Center, hereinafter referred to as the GCIC. Central responsibility for the development, maintenance, and operation of the GCIC shall be vested with the Director of the GCIC with the assistance and guidance of the GCIC Council, the establishment of which is hereinafter provided. Creation. Section 3 . Said Act is further amended by striking subsection (b) of section 3 thereof in its entirety and substituting therefor a new subsection (b) to read as follows: (b) Compare all fingerprint and other identifying data received with those already on file and whether or not a criminal record is found for that person, at once inform the requesting agency or arresting officer of such facts as may be disseminated consistent with applicable security and privacy laws and regulations. A log shall be maintained of all disseminations made of each individual criminal history including at least the date and recipient of such information. Section 4 . Said Act is further amended by striking subsection (i) of section 3 in its entirety and substituting a new subsection (i) in lieu thereof to read as follows: (i) Make available upon request, to all local and State criminal justice agencies, to all federal criminal justice agencies and criminal justice agencies in other states any information in the files of the GCIC which will aid these agencies in the performance of their official duties. For this purpose the GCIC shall operate on a 24-hour basis, seven

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days a week. Such information, when authorized by the Council, may also be made available to any other agency of this State or political subdivision of this State, and to any other federal agency, upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders. Purpose. Section 5 . Said Act is further amended by adding to the end of section 3 new subsections (m) and (n) to read as follows: (m) Provide availability by means of data processing, to files listing motor vehicle drivers' license numbers, motor vehicle registration numbers, wanted and stolen motor vehicles, outstanding warrants, identifiable stolen property, and such other files as may be of general assistance to law enforcement agencies. (n) For the purpose of enforcing the provisions of this Act, GCIC shall maintain a field coordination and support unit whose agency shall have all the power conferred by law upon any peace officer of this State. Section 6 . Said Act is further amended by adding to subparagraph (5) of subsection (a) of Section 4, between the phrases all municipal justices where they have no clerks, and all persons in charge of State and county probation and parole offices,, the following: all justices of the peace,, so that, as amended, said subparagraph shall read as follows: (5) All persons in charge of law enforcement agencies, all clerks of court, all municipal justices where they have no clerks, all justices of the peace, all persons in charge of State and county probation and parole offices, shall supply GCIC with the information described in section 3 on the basis of the forms and instructions to be supplied by GCIC. Section 7 . Said Act is further amended by striking in its

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entirety the present section 5 thereof and substituting in lieu thereof a new section 5 as follows: Section 5. (a) There is hereby created the Georgia Crime Information Center Council. Duties. (b) The duties and responsibilities of this Council are to: (1) Advise and assist in the establishment of policies under which the GCIC is to be operated. (2) Insure that the information obtained pursuant to this Act shall be restricted to the items specified in this Act and insure that the GCIC is administered so as not to accumulate any information or distribute any information that is not specifically approved in this Act. (3) Insure that adequate security safeguards are incorporated so that the data available through this system is used only by properly authorized persons and agencies. (4) Establish appropriate disciplinary measures to be taken by GCIC in the instance of violations of data reporting or dissemination of laws, rules, and regulations by criminal justice agencies or members thereof covered by this Act. (5) Establish other policies which provide for the efficient and effective use and operation of the GCIC under the limitations imposed by the terms of this Act. (c) The Council shall consist of a maximum of fourteen (14) members as follows: (1) The Attorney General or his designee; (2) The Commissioner of Offender Rehabilitation or his designee; (3) The Commissioner of Public Safety or his designee; (4) The Director of the Georgia Bureau of Investigation or his designee;

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(5) The Administrator of the State Crime Commission or his designee; (6) The following members to be appointed by the Governor: (A) A District Attorney; (B) A Sheriff; (C) A County Commissioner; (D) A Chief of Police; (E) A chief executive of a municipality; (F) A member of the State Bar of Georgia who is regularly engaged in criminal defense work; (G) Three citizens of the State of Georgia. The initial members shall be assigned terms by the Governor, three for two-year terms; three for three year terms; and the remainder for four-year terms. Thereafter, terms shall be for four years. In the event there is a vacancy on the Council, the Governor shall appoint to the unexpired term. (7) No member shall continue to serve on the Council when he no longer officially represents the function for which he was appointed, except the citizens appointed by the Governor. (d) In addition to the above regular members of the Council, a Superior Court Judge, an Inferior Court Judge and a Clerk of Superior Court shall be appointed by the Governor as advisory members to meet and confer with the Council. The Director of the Administrative Office of the Courts shall serve as an advisory member ex officio. The initial advisory members shall be appointed for two-year, three-year and four-year terms of office as designated by the Governor. Thereafter, terms shall be for four years.

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(1) The advisory members provided for pursuant to subsection (d) shall not have voting powers. (2) Any person appointed pursuant to subsection (d) shall serve only so long as he holds that office. (e) Members of the Council, their designees and those specified in subsection (d) above shall serve without compensation, but within the limits of funds available, shall be entitled to reasonable reimbursement for all necessary expenses incurred in the discharge of their duties. Notwithstanding any other provision of this Act or other law, each member or designee shall receive the sum of $36.00 per diem for room and board which shall be paid only for days on which a member is in attendance at a meeting of the body. Such members shall be reimbursed for actual transportation costs incurred in attendance at a meeting of the body in the amount of the least expensive tariff when traveled by public carrier or an amount based on the mileage rate that is established by law for members of the General Assembly when traveled by private vehicle. Any reimbursement for expenses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this section. Provided, however, if a meeting is held within fifty miles of the member's residence or if the member does not incur a cost of public lodging for the meeting, the per diem authorized by this section shall be $10.00. (f) The Council shall meet at such times and places as it shall deem appropriate. A majority of the Council shall constitute a quorum for transacting any business of the Council. The Council shall establish its own rules and regulations for performance of the responsibilities charged to it herein. Section 8 . Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7 as follows: Section 7. (a) Any person who knowingly requests, obtains or attempts to obtain criminal history record information

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under false pretenses, or who knowingly communicates or attempts to communicate criminal history record information to any agency or person except in accordance with this Act, or any member, officer, employee or agent of GCIC, the GCIC Council or any participating agency who knowingly falsifies criminal history record information, or any records relating thereto, shall for each such offense be fined not more than $5,000, or imprisoned for not more than two years, or both. Any person who communicates or attempts to communicate criminal history record information in a negligent manner not in accordance with this Act shall for each such offense be fined not more than $100, or imprisoned not more than ten days, or both. (b) Any person who knowingly discloses or attempts to disclose the techniques or methods employed to insure the security and privacy of information or data contained in criminal justice information systems except in accordance with this Act shall for each such offense be fined not more than $5,000 or imprisoned not more than two years, or both. Any person who discloses or attempts to disclose such information in a manner not permitted by this Act shall for each such offense be fined not more than $100, or imprisoned not more than ten days, or both. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. REVENUEESTATE TAX RETURNS, ETC. Code Chapter 92-34 Amended. No. 1007 (House Bill No. 781). An Act to amend Code Chapter 92-34, relating to estate taxes, as amended, so as to provide for the filing and time for filing of estate tax returns and other related documents; to provide for the time of payment of estate taxes;

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to provide for interest rates and penalties in certain instances; to provide for payment of deficiencies in estate taxes; to provide for payment of refunds of estate taxes; to provide for appraisal of estates by the State Revenue Commissioner in certain instances; to provide for extensions in filing estate tax returns; to provide for extensions in paying estate taxes; to provide the 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 . Code Chapter 92-34, relating to estate taxes, as amended, is hereby amended by striking Code section 92-3401, relating to the assessment and collection of State estate tax and returns, as amended, in its entirety, and inserting in lieu thereof a new Code section 92-3401, to read as follows: 92-3401. Resident decedents; payment of State estate taxes; required returns and other documentation; interest rates . (a) It shall be the duty of the legal representative of the estate of any person who may die a resident of this State, and whose estate is subject to the filing of a federal estate tax return, to file with the Commissioner a duplicate of the federal estate tax return which the legal representative is required to make to the federal authorities. The duplicate estate tax return must be filed within the time period required for filing the return with the federal authorities, including any extensions thereto, and not later than the date on which the estate tax return is filed with the federal authorities. If the duplicate return is filed after the federal filing date (not including any extensions), the legal representative shall attach to the duplicate return filed with the Commissioner a copy of the written approval received from the federal authorities granting an extension of time for filing. (b) On or before the date the duplicate return is filed with the Commissioner, the legal representative shall pay to the State of Georgia a tax in an amount equal to the amount allowable as a credit for State death taxes under

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section 2011 of the Internal Revenue Code, as amended, and if the tax is paid later than the federal filing date (not including any extensions), the legal representative shall pay interest on the tax at the rate of 9 percent per annum from such filing date to the time of payment; provided, however, that if the decedent owned at the time of his death either real property in another state or personal property having a business situs in another state, which state requires the payment of a tax for which credit is received against federal estate taxes, any tax due hereunder shall be reduced by an amount which bears the same ratio to the total State tax credit allowable for federal estate tax purposes as the value of the property taxable in such other state bears to the value of the entire gross estate for federal estate tax purposes. (c) If, after the filing of a duplicate return and the payment of the State estate tax and any interest due thereon, the amount allowable as a credit for State death taxes as finally determined by the federal authorities for federal estate tax purposes is increased or decreased from the amount shown on the original return, the legal representative of the estate shall file with the Commissioner within thirty days of the federal adjustment, a copy of the documentation received from the federal authorities, or such other or additional documentation as the Commissioner may require, which shall show all changes made in the original return and the increase or decrease in the amount allowable as a credit for State death taxes. On or before the date of said filing of such documentation, the legal representative shall pay any additional tax due to the State of Georgia, if any, plus interest on any such additional tax so determined at the rate of 9 percent per annum from the federal filing date (not including any extensions) to the date of said payment. In the event of a decrease in the credit for State death taxes, the Commissioner shall refund to said estate any overpayment of the tax imposed by this section, plus interest at the rate of 9 percent per annum from the federal filing date (not including extensions) to the date of payment of said refund. Section 2 . Said Code Chapter is further amended by

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striking Code section 92-3402, relating to nonresident decedents and amount of tax, as amended, in its entirety, and inserting in lieu thereof a new Code section 92-3402, to read as follows: 92-3402. Nonresident decedents; payment of State estate taxes; required returns and other documentation; interest rates . It shall be the duty of the legal representative of the estate of any person who may die a nonresident of this State but who owns or controls real property located in this State or personal property having a business situs in this State, and whose estate is subject to the filing of a federal estate tax return, to file with the Commissioner a duplicate of the federal estate tax return which the legal representative is required to make to the federal authorities and to pay a tax, including interest thereon, at such time and under such terms and conditions as set forth in Code section 92-3401 for the estate of resident decedents, provided that the amount of the tax to be paid by the legal representative shall be that amount which bears the same ratio to the total State tax credit allowable for federal estate tax purposes as the value of such property taxable in this State bears to the value of the entire gross estate for federal estate tax purposes. If, after the filing of a duplicate return and the payment of the State estate tax and any interest due thereon, the amount allowable as a credit for State death taxes as finally determined for federal estate tax purposes by the federal authorities is increased or decreased from the amount shown on the original return, the legal representative of the estate shall file with the Commissioner a copy of the documentation received from the federal authorities, or such other or additional documentation as the Commissioner may require, which shall show all changes made in the original return and the increase or decrease in the amount allowable as a credit for State death taxes. The legal representative shall pay such additional tax due, plus interest thereon, or receive a refund for any overpayment of the tax, plus interest thereon, at such time and under such terms and conditions as set forth in Code section 92-3401 for the estates of resident decendents. Section 3 . Said Code Chapter is further amended by

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striking Code section 92-3403, relating to appraisal where report not made, in its entirety and inserting in lieu thereof a new Code section 92-3403, to read as follows: 92-3403. Filing date for duplicate estate tax return; appraisal where return not filed . Where a duplicate return is not timely filed with the Commissioner by the legal representative of the estate as required by this Code Chapter, the estate may be appraised and assessed for State estate taxes, plus interest due thereon, in accordance with the format of the federal estate tax return by the Commissioner, who shall have full power and authority to require the production of all evidence that will enable him to determine the value of all property of said estate subject to be taxed under this Act. The Commissioner shall notify the legal representative of the amount of the State estate tax, plus interest thereon, found to be due by the estate of the decedent. Section 4 . Said Code Chapter is further amended by striking Code section 92-3404, relating to failure to pay tax, execution and interest, as amended, in its entirety and inserting in lieu thereof new Code sections 92-3404 and 92-3404.1, to read as follows: 92-3404. Failure to pay tax; execution; interest; penalty . Whenever the legal representative of any estate fails to pay the amount of tax assessed against said estate, plus interest thereon, pursuant to Code section 92-3403 within thirty days after notice from the Commissioner as to the amount to be paid, or whenever the legal representative timely files a duplicate return as required by Code sections 92-3401 and 92-3402 but fails to pay the State estate tax due on or before such filing, it shall be the duty of the Commissioner to issue an execution against said estate for the amount of such tax, plus interest due thereon to the date of the issuance of execution, and for the amount of any penalty as hereinafter provided, and the execution shall be enforced by levy and sale and shall bear interest on the amount of the tax at the rate of 9 percent per annum from the date of execution until paid. It is further provided that a penalty in an amount equal to 10 percent of the amount of the credit for

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State death taxes as finally determined for federal estate tax purposes shall be paid by the legal representative of the estate to the Commissioner for failure to file a duplicate of the federal estate tax return as required by Code sections 92-3401 and 92-3402, or for failure to pay said tax within thirty days after notice from the Commissioner as to the amount to be paid. 92-3404.1. Extension for filing returns and paying taxes . (a) The time for filing a duplicate of the federal estate tax return with the Commissioner as required by this Code Chapter may be extended for a period of time not to exceed six months after the federal filing date (not including any extensions), provided that written application requesting such extension shall be made by the legal representative of the estate to the Commissioner on or before the required federal filing date (not including any extensions). Any extension of time for filing a duplicate of the federal estate tax return granted by the Commissioner shall not operate to extend the time for payment of the taxes imposed by this Act, except that an extension of time may be separately granted by the Commissioner to pay any such tax in accordance with the provisions of section 6161 of the Internal Revenue Code as hereinbelow provided. (b) An extension of time for paying the State estate tax, or any portion thereof, as required by this Code Chapter, may be granted by the Commissioner upon the same terms and conditions and in the same manner and to the same extent as provided for the extension of time to pay federal estate tax under section 6161 of the Internal Revenue Code, provided that written application requesting such extension shall be made by the legal representative of the estate to the Commissioner on or before the required federal filing date (not including any extensions) and, provided further, that any extension of time granted hereunder shall terminate immediately upon the termination of such extension by the federal authorities, unless earlier terminated by the provisions of said section 6161, and within thirty days from the notification of such termination by the federal authorities, the legal representative shall pay to the Commissioner any estate tax due but unpaid, plus interest thereon, as

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provided herein, but without any penalty as provided herein. If an extension of time for the payment of tax or deficiency is granted, the Commissioner may, if he deems it necessary, require a bond for the payment of the amount in respect to which the extension is granted. However, such bond shall not exceed double the amount with respect to which the extension is granted. Said bond shall be executed with surety satisfactory to the Commissioner. Section 5 . Said Code Chapter is further amended by adding at the end thereof a new Code section 92-3406, to read as follows: 92-3406. Definitions . The following words, terms and phrases as used in this Code Chapter are, for the purposes thereof, hereby defined as follows: (a) `Commissioner' shall mean the State Revenue Commissioner. (b) `Federal filing date' shall mean the date required for filing the federal estate tax return under section 6075(a) of the Internal Revenue Code. (c) `Internal Revenue Code' shall mean the United States Internal Revenue Code of 1954 in force on the effective date of this Act or as the same may thereafter be amended; any term used in this Code Chapter shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code. (d) `Legal representative' or `legal representative of the estate' shall mean the duly qualified and acting personal representative of the estate of the decedent, or if there is no duly qualified and acting representative, then such person or persons in possession of any property of the decedent which is included in the gross estate of the decedent for federal estate tax purposes. Section 6 . The Commissioner shall be authorized to promulgate all the necessary rules and regulations for effectuating the provisions of this Act. Rules.

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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 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to estate tax returns for all decedents whose date of death is subsequent to the effective date of this Act. Effective date. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. DANGEROUS DRUGS FURTHER DEFINED. Code 79A-702 Amended. No. 1008 (House Bill No. 883). An Act to amend Code section 79A-702, relating to the definition of dangerous drugs, as amended, so as to include certain dangerous drugs which have entered the market since February 1, 1972; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 79A-702, relating to the definition of dangerous drugs, as amended, is hereby amended by striking from subsection (b), the following:

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1972, and inserting in lieu thereof the following: 1976, so that when so amended subsection (b) of Code section 79A-702 shall read as follows: (b) Any drug, substance or device declared by the State drug inspector to be a `dangerous drug' and included in the official publication of dangerous drugs compiled by the State drug inspector pursuant to the provisions of Code section 79A-306, as said official publication of dangerous drugs read on February 1, 1976. Code 79A-702 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 24, 1976. TALLAPOOSA JUDICIAL CIRCUITSUPERIOR COURT JUDGESEXPENSE ALLOWANCE SUPPLEMENTED. No. 1010 (House Bill No. 1067). An Act to provide for a supplemental expense allowance for the Judges of the Superior Courts of the Tallapoosa Judicial Circuit; to provide for the payment of such allowance by the counties comprising said circuit; to provide that such allowance shall not be used in determining any pension, retirement or other benefits paid to such judges by the counties comprising said circuit, nor to any payments to any such judge who becomes a Judge of the Superior Courts Emeritus; 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 . In addition to the compensation and expenses paid from State funds, each Judge of the Superior Courts of the Tallapoosa Judicial Circuit shall receive a supplemental expense allowance of $6,000.00 per annum, payable in equal monthly installments from the funds of the counties comprising said circuit. The governing authority of each county within said judicial circuit shall pay an equal amount of such supplemental expense allowance to each judge from the funds of the county. In the event the State Court of Polk County is abolished, the governing authority of each county within the circuit shall pay that percentage of the total supplemental expense allowance that the population of their respective county bears to the total population of all counties within the judicial circuit, according to the latest United States Decennial Census, effective on the first day of the month following the month in which such State Court of Polk County is abolished. Any other provision of law to the contrary notwithstanding, such supplemental expense allowance paid under the provisions of this section shall not be used or included in calculating any pension, retirement or other benefits or payments to such judges by the counties comprising the Tallapoosa Judicial Circuit, nor to any payments to any such judge who becomes a Judge of the Superior Courts Emeritus. 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 provide for supplemental expenses for the Judges of the Superior Courts of the Tallapoosa Judicial

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Circuit; to provide for matters relative thereto; and for other purposes. This 10th day of February, 1975. Harold L. Murphy Judge, Superior Courts Tallapoosa Judicial Circuit Georgia, Polk County. Personally appeared before me, an officer duly authorized to administer oaths, Joe Williams, who, on oath says that he is publisher of The Cedartown Standard, the official organ of Polk County, Georgia, and that the following attached advertisement to introduce local legislation appeared in The Cedartown Standard in the issues of February 13, 1975, February 20, 1975 and February 27, 1975. /s/ Joe Williams Publisher Sworn to and subscribed before me, this the 28th day of February, 1975. /s/ Dianne Lewis Notary Public 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 supplemental expenses for the Judges of the Superior Courts of the Tallapoosa Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 10th day of February, 1975. Dan Winn Harold L. Murphy Judges, Superior Courts Tallapoosa Judicial Circuit

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Georgia, Paulding County. Personally appeared before me, an officer duly authorized to administer oaths, T. E. Parker, who, on oath says that he is publisher of The Dallas New Era, the official organ of Paulding County, Georgia, and that the following attached advertisement to introduce local legislation appeared in The Dallas New Era in the issues of February 13, 1975, February 20, 1975 and February 27, 1975. /s/ T. E. Parker Publisher Sworn to and subscribed before me, this the 28th day of February, 1975. /s/ Dianne Lewis Notary Public 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 supplemental expenses for the Judges of the Superior Courts of the Tallapoosa Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 10th day of February, 1975. Dan Winn Harold L. Murphy Judges, Superior Courts Tallapoosa Judicial Circuit Georgia, Douglas County. Personally appeared before me, an officer duly authorized to administer oaths, Stanley Parkman, who, on oath says that he is publisher of the Douglas County Sentinel, the official organ of Douglas County, Georgia, and that the following attached advertisement to introduce local legislation appeared in the Douglas County Sentinel in the issues of

Page 636

February 13, 1975, February 20, 1975 and February 27, 1975. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, this the 28th day of February, 1975. /s/ Dianne Lewis Notary Public 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 supplemental expenses for the Judges of the Superior Courts of the Tallapoosa Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 10th day of February, 1975. Dan Winn Judge, Superior Courts Tallapoosa Judicial Circuit Georgia, Haralson County. Personally appeared before me, an officer duly authorized to administer oaths, Stanley Parkman, who, on oath says that he is publisher of The Haralson County Tribune, the official organ of Haralson County, Georgia, and that the following attached advertisement to introduce local legislation appeared in the Haralson County Tribune in the issues of February 13, 1975, February 20, 1975 and February 27, 1975. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, this the 28th day of February, 1975. /s/ Dianne Lewis Notary Public Approved March 24, 1976.

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MORTGAGED PROPERTYPENALTY INCREASED FOR WRONGFUL SALE, ETC. Code Chapter 67-99 Amended. No. 1012 (House Bill No. 1214). An Act to amend Code Chapter 67-99, relating to the wrongful sale or removal of mortgaged property, so as to increase the punishment for the wrongful sale or removal of motor vehicles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 67-99, relating to the wrongful sale or removal of mortgaged property, is hereby amended by inserting between Code sections 67-9901 and 67-9902 a new Code section to read as follows: 67-9901.1 . It shall be unlawful for any person, after having given a bill of sale to secure debt or other security instrument to any motor vehicle, to sell or otherwise dispose of said motor vehicle or cause the same to be removed beyond the limits of the State before the payment of the debt secured by the security instrument, if such sale, disposition or removal is without the consent of, and with the intent to defraud the holder of the security instrument, and if loss shall thereby be sustained by the holder of the security instrument. Any person who shall be convicted of violating the provisions of this section shall be imprisoned for not less than one year nor more than three years. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976.

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CRIMESFALSE INFORMATION REGARDING FREE SCHOOL LUNCHESPENALTY PROVIDED. No. 1013 (House Bill No. 1270). An Act to provide that it shall be unlawful for any person to knowingly provide false information on behalf of any school child in order to obtain free school meals or school meals at a reduced price for such child; to provide that it shall be unlawful for any such person to fail to correct a false impression, if such person knows of such false impression, of an existing fact or set of circumstances which secures a free meal or such meal at a reduced price for such child; to provide for a penalty; to provide for a notice on certain forms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It shall be unlawful for any person to knowingly provide false information on behalf of any school child in order to obtain school meals without charge or at a reduced price for such child or to fail to correct a false impression, if such person knows of such false impression, of an existing fact or set of circumstances which, if not corrected, would otherwise entitle such child to a meal without charge or at a reduced price. False information. Section 2 . Any person who shall violate 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 . After July 1, 1976, the forms used by any county or independent school system for the purpose of determining the qualifications for free school meals or school meals at a reduced price shall include thereon a statement that supplying false information in the completion of such form is a misdemeanor under Georgia law. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976.

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REVENUECERTAIN PUBLIC REAL PROPERTY NOT TAX EXEMPT. No. 1017 (House Bill No. 1311). An Act to amend an Act relating to the exemption of property from taxation, approved January 31, 1946 (Ga. L. 1946, p. 12), as amended, so as to provide that certain public real property which is owned by a political subdivision and which is situated outside the territorial limits of the political subdivision shall not be exempt from ad valorem 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 relating to the exemption of property from taxation, approved January 31, 1946 (Ga. L. 1946, p. 12), as amended, is hereby amended by adding between sections 1 and 2 a new section 1A, to read as follows: Section 1A. Notwithstanding the provisions of section 1 to the contrary, all public real property which is owned by a political subdivision of this State and which is situated outside the territorial limits of the political subdivision shall not be exempt from ad valorem taxation. Provided, however, the foregoing shall not apply to any public real property which: (1) is developed by grading or other improvements to the extent of at least (25%) of the total land area and on which are located facilities which are actively used for a public or governmental purpose or (2) is 300 acres or less in area or (3) if owned by a municipality, is located inside the county embracing all or part of said municipality or (4) that portion of any real property which has been designated as a watershed by the United States Soil and Water Conservation Service and used as such by the political subdivision owning such property. 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 24, 1976. WILLSADDITIONAL WITNESS PROCEDURES PROVIDED, ETC. Code Chapter 113-6 Amended. No. 1018 (House Bill No. 1326). An Act to amend Code Chapter 113-6, relating to the probate and establishment of wills, as amended, so as to provide additional procedures for taking the testimony of witnesses to wills; to provide a form of affidavit to be used; to provide for the sufficiency of the additional procedures in probate proceedings; to provide fees for the taking of certain affidavits; to provide for the applicability of the additional procedures to pending and future probate 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 113-6, relating to the probate and establishment of wills, as amended, is hereby amended by adding following Code section 113-620 a new Code section, to be designated as Code section 113-620.1, to read as follows: 113-620.1. Probate in common or solemn form by affidavit of witness . (a) In all proceedings for the probate of a will in common or solemn form, where an attesting witness to such will resides outside the county in which such probate proceeding is being conducted, said witness may appear before the judge of the probate court of any county in this State and, after being duly sworn by said judge and upon a certified photostatic copy of said will being exhibited to said witness, such witness may execute an affidavit to be used

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in such probate proceedings as evidence of the attestation by said witness of said will. When so used, such affidavit shall be given the same weight as though the original will had been exhibited to said witness. (b) The affidavit referred to in subsection (a) shall be in substantially the following form: (c) This Code section shall not be construed as repealing any other statute prescribing a method or procedure for the taking of testimony by interrogatories or depositions, but as supplementary thereto and cumulative thereof. The taking of an affidavit as provided for by this Code section shall be sufficient for all purposes of taking the testimony of subscribing witnesses to a will in proceedings for the probate of such will notwithstanding the provisions of any other statute.

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(d) The fee of the judge of the probate court for taking the affidavit provided in this Code section shall be the same fee provided in Code section 24-1716, as amended, for issuing commission to examine witness. Section 2 . This Act shall become effective on July 1, 1976. The provisions of this Act shall govern all probate proceedings pending on July 1, 1976, and all probate proceedings thereafter. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT AMENDED. No. 1019 (House Bill No. 1337). An Act to amend an Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. L. 1974, p. 113), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 516), so as to provide that, in cases in which a person is convicted of knowingly operating, or knowingly authorizing another to operate, a motor vehicle without effective insurance thereon, or without an approved plan of self-insurance, as required by the Georgia Motor Vehicle Accident Reparations Act, upon receipt of notification of such conviction, the Department of Public Safety shall send a notification to such person that the Department has been informed of the fact of such conviction; to provide that upon receipt of such form from the Department of Public Safety, it shall be the duty of such person, 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 the Act, if he owns the vehicle involved, indicating the insurnace company with which any coverage has been obtained and the policy number or binder number; to provide for time

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periods; to provide for additional information, including the identity and address of the owner if not the person convicted; to provide for similar notice and requests for information to the owner if he is not the person convicted; 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 person to forward his motor vehicle operator's license and, if he is the owner, his motor vehicle license tags 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), as amended, particularly as amended by an Act approved April 17, 1975 (Ga. L. 1975, p. 516), is hereby amended by adding to section 12 a new subsection (c), as follows: (c) Similarly, in cases in which a person is convicted of knowingly operating, or knowingly authorizing another to operate, a motor vehicle without effective insurance thereon, or without an approved plan of self-insurance, as required by the Georgia Motor Vehicle Accident Reparations Act, upon receipt of notification of such conviction, the Department of Public Safety shall send a form to such person that the Department has been informed of the fact of such conviction. Upon receipt of such form of the Department of Public Safety, it shall be the duty of the person convicted, on such forms 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, if he is the owner of the vehicle involved, indicating

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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, including the identity and address of the owner if not the person convicted. In case the person convicted is not the owner, the Department shall send a similar notice and request for proof of coverage to the owner. In either case, if such information is not received by the Department of Public Safety within the specified time period, or, in the case of the owner, if no minimum insurance coverage has been obtained, the Department shall notify the owner or person, as described above, to forward his motor vehicle operator's license and, if he is the owner of the motor vehicle, the license tag for each vehicle involved to the Department of Public Safety. If such motor vehicle operator's license and motor vehicle license tags are 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 tags and return the same to the Commissioner. In compelling the surrender of such operator's license and motor vehicle 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 tags 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.

Page 645

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. NATURAL RESOURCESCERTAIN DEER DESTRUCTION AUTHORIZED. No. 1020 (House Bill No. 1341). An Act to authorize the Department of Natural Resources to issue permits to farmers of this State which authorize the farmers to kill deer which cause damage to crops; to provide for applications; to provide for the permits to contain certain restrictions; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Department of Natural Resources shall be authorized to issue permits to farmers of this State which authorize the farmers to kill deer which cause damage to crops. A farmer shall make application to the Game and Fish Division of the Department for a permit. The Department shall prescribe the necessary information to be included in the application. The Department shall issue permits only in cases where the killing of deer is justified. A representative of the Department shall be authorized to investigate claims of damage and the necessity of killing deer in any case prior to issuance of a permit. Permits issued by the Department shall include, but not be limited to, restrictions relative to the following: (a) property on which deer may be killed; (b) persons authorized to kill deer on the property; (c) crops which may be protected; (d) number of deer killed;

Page 646

(e) sex of deer killed; (f) expiration date of permit. Section 2 . The Board of Natural Resources shall have authority to adopt and promulgate rules and regulations relative to the matters covered in section 1. Rules. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. REVENUECORPORATION TAXATION PROVISIONS CLARIFIED. Code 92-3102 Amended. No. 1022 (House Bill No. 1379). An Act to amend section 92-3102 of the Code of Georgia of 1933, as amended, particularly by an Act approved March 24, 1969 (Ga. L. 1969, p. 114), relating to the rate of taxation of corporations and to corporate adjustments; to provide for the clarification of the nondeductibility of certain taxes paid by corporations; 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 92-3102 of the Code of Georgia of 1933, as amended, particularly by an Act approved March 24, 1969 (Ga. L. 1969, p. 114), is hereby amended further by striking in its entirety subsection (b) (2) of said section and inserting in lieu thereof a new subsection (b) (2) to read as follows: Income Tax Deduction Adjustment: There shall be added to taxable income any taxes on, or measured by, net income or net profits paid or accrued within the taxable year

Page 647

imposed by the authority of the Government of the United States or any foreign county; or any state, territory, country, school district, municipality, or other taxing subdivision of any State, territory, or foreign country to the extent deducted in determining Federal taxable income. Code 92-3102 amended. Section 2 . The provisions of this Act shall become effective immediately upon its approval, or its otherwise becoming law. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. TEACHERS' RETIREMENT SYSTEM ACT AMENDEDCERTAIN EXEMPTIONS PROVIDED. No. 1023 (House Bill No. 1412). An Act to amend an Act establishing the Teachers Retirement System of Georgia approved March 20, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide that the tangible, intangible, real, personal or mixed property, investments or assets of the Retirement System and the proceeds or earnings derived from such property, investments or assets are public property and exempt from taxation and from levy and sale, garnishment, attachment or any other process whatsoever; to exempt transfers and sales of Retirement System property, investments or assets from taxation; to exempt the instruments of transfer or sale of Retirement System property from 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 approved March 20, 1943 (Ga. L. 1943, p. 640), as amended, which provides for the establishment of the Teachers Retirement System of Georgia is hereby

Page 648

amended by adding the following new section 10A to said Act to read as follows: Section 10A. (1) The tangible, intangible, real, personal or mixed property investments or assets of the Retirement System of whatever kind or nature and the earnings or proceeds derived from such property investments or assets are hereby declared to be public property and exempt from taxation by the State, or by any County, Municipality, Authority or political subdivision of this State and exempt from levy and sale, garnishment, attachment, or any other process whatsoever. (2) The transfer or sale of tangible, real, personal or mixed property, investment or assets to or from the Retirement System, and the instruments of such transfer or sale, are hereby exempt from any tax on such sales, transfers or instruments levied by the State or by any County, Authority, Municipality or political subdivision 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 in conflict with this Act are hereby repealed. Approved March 24, 1976. STATE PLANNING PROGRAMMING BUREAU ACT AMENDED. No. 1024 (House Bill No. 1465). An Act to amend an Act creating the State Planning Programming Bureau, approved March 31, 1967 (Ga. L. 1967, p. 252), as amended, so as to delete authority for planning activities of local governments; to provide that the Bureau of Community Affairs shall be empowered to assist in the conduct of long-range community development

Page 649

planning and research relevant to local governments; to provide that the Bureau of Community Affairs may apply for money from the Governor's Emergency Fund and disburse same to local governments on the Governor's approval; 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 creating the State Planning and Programming Bureau, approved March 31, 1967 (Ga. L. 1967, p. 252), as amended, is hereby amended by deleting from subsection (c) of section 2 the following words: local levels of government,, so that when so amended, subsection (c) of section 2 shall read as follows: (c) Work to harmonize the planning activities of all State departments, agencies and institutions, and other public and private bodies within the State. Section 2 . Said Act is further amended by adding to section 5 a new subsection to follow subsection (d), to be designated subsection (e), which shall read as follows: (e) The Bureau of Community Affairs shall be empowered to assist in the conduct of long-range community development planning and research relevant to local governments, to identify their needs, and to provide the fullest possible technical assistance to the local governments in Georgia. Section 3 . Said Act is further amended by adding to section 5 a new subsection to follow subsection (e) to be designated subsection (f), to read as follows: (f) The Bureau of Community Affairs may make application on behalf of local governments for receipt of State-appropriated funds from the Governor's Emergency Fund as provided by Ga. L. 1962, pp. 17, 25. If such an application

Page 650

is approved, the Bureau may be authorized, at the discretion of the Governor, to disburse such emergency funds to the local government. 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, clasue or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. DEPARTMENT OF COMMERCE ACT AMENDEDCERTAIN GRANT APPLICATION PROVISIONS CHANGED. No. 1025 (House Bill No. 1466). An Act to amend an Act creating the Department of Commerce, approved February 7, 1949 (Ga. L. 1949, p. 249), as amended, more particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 1222), so as to delete the provision authorizing the Department of Community Development to review certain grant applications and to recommend that certain decisions relative to such applications be reversed; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 651

Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Department of Commerce, approved February 7, 1949 (Ga. L. 1949, p. 249), as amended, more particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 1222), is hereby amended by striking section 7A in its entirety, which reads as follows: Section 7A. In addition to such powers and duties granted to it, the Department shall be authorized to review any grant application of any county, municipal corporation or area planning and development commission denied by the Office of Planning and Budget and shall have authority, after such review, to recommend that the decision of the Office of Planning and Budget be reserved, which recommendation shall be accepted by the Office of Planning and Budget and incorporated in its report to the appropriate federal agency. 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 24, 1976. BUREAU OF COMMUNITY AFFAIRSAPPOINTMENT OF DIRECTOR PROVIDED, ETC. No. 1026 (House Bill No. 1467). An Act to create within the Bureau of Community Affairs a State Office of Housing Section; to provide for the appointment of the Director of said section; to provide for the duties and functions of said section; to provide for the transfer of the State Office of Housing, created by Executive Order of the Governor in 1972, to the Bureau of Community Affairs; to provide that the functions of

Page 652

the State Office of Housing relating to the provision of outreach workers to the Farmers Home Administration, as set forth in Ga. L. 1975, p. 850, are transferred to the Bureau of Community Affairs; to provide that the Georgia State Crime Commission, established by Executive Order of the Governor in 1971 is transferred to the Bureau of Community Affairs for administrative purposes only; to provide that the State Building Administrative Board, created by Ga. L. 1969, p. 546, as amended, is assigned to the Bureau of Community Affairs for Administrative purposes only; to provide that the Georgia Residential Finance Authority, created by Ga. L. 1974, p. 935, as amended, is assigned to the Bureau of Community Affairs for administrative purposes only; 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 created within the Bureau of Community Affairs a State Office of Housing Section: (a) The Director of the State Office of Housing Section shall be appointed by the Commissioner of the Bureau. The Director shall exercise supervision and control over all employees and activities assigned to the Section by the Commissioner. Creation. (b) The State Office of Housing Section shall have the following duties: (1) to be responsible for the planning, development and general implementation of a coordinated, State housing program: (2) to provide technical assistance on housing and housing-related matters throughout the State; (3) to prepare an annual State Housing Goal Report to be submitted to the Commissioner who shall review and forward same to the Governor for presentation to the General Assembly pursuant to Ga. L. 1970, p. 843;

Page 653

(4) to act in coordination with the Georgia Residential Finance Authority, created by Ga. L. 1974, p. 975, as amended, and the State Administrative Board, created in Ga. L. 1969, p. 546, as amended; provided, however, that the activities of the Housing Section shall not duplicate or infringe upon the responsibilities and duties of said Authority and Board; (5) to perform such housing-related duties as may be assigned by the Commissioner. Section 2 . The State Office of Housing, created by Executive Order of the Governor in 1972, is hereby transferred to the Bureau of Community Affairs. Section 3 . The functions of the State Office of Housing relating to the provision of outreach workers to the Farmers Home Administration, as set forth in Ga. L. 1975, p. 850, are hereby transferred to the Bureau of Community Affairs. Section 4 . The Georgia State Crime Commission, established by Executive Order of the Governor in 1971 is hereby assigned to the Bureau of Community Affairs for administrative purposes only, as prescribed in section 3 of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015). Section 5 . The State Building Administrative Board, created by Ga. L. 1969, p. 546, as amended, is hereby assigned to the Bureau of Community Affairs for administrative purposes only as prescribed in section 3 of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015). Section 6 . The Georgia Residential Finance Authority, created by Ga. L. 1974, p. 975, as amended, is hereby assigned to the Bureau of Community Affairs for administrative purposes only as prescribed in section 3 of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015). 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,

Page 654

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 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. STATE BUILDING ADMINISTRATIVE BOARDMEMBER COMPOSITION CHANGED. No. 1027 (House Bill No. 1468). An Act to amend an Act approved April 21, 1969 (Ga. L. 1969, p. 546), as amended, creating the State Building Administrative Board, so as to provide for the substitution of the Commissioner of the Department of Human Resources or his designee for the Director of the Department of Public Health as an ex officio member of the Board; to provide for the substitution of the Commissioner of the Bureau of Community Affairs or his designee for the Secretary of State as an ex officio member of the Board; to provide that the Board shall meet on call by the Commissioner of the Bureau of Community Affairs or the Chairman of the Board; to provide that the Bureau of Community Affairs shall provide staff to the Board; to provide that State funds appropriated for the Board shall be made to the Bureau of Community Affairs; to provide that a Staff Director may be designated by the Board to serve as Secretary to the Board; to provide that

Page 655

members of Advisory Committees to the Board shall be reimbursed for travel and other expenses incurred by them as members of such committees; 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 approved April 21, 1969 (Ga. L. 1969, p. 546), as amended, creating the State Building Administrative Board, is hereby amended by striking from subsection (2) of section 2(a) of said Act the words Director of the Department of Public Health and inserting in lieu thereof the words Commissioner of the Department of Human Resources so that when so amended subsection (2) of section 2(a) of said Act shall read as follows: (2) The Commissioner of the Department of Human Resources or his designee as an ex officio member with full voting privileges. Section 2 . Said Act is further amended by striking from subsection (3) of section 2(a) of said Act the words Secretary of State and inserting in lieu thereof the words Commissioner of the Bureau of Community Affairs so that when so amended subsection (3) of section 2(a) of said Act shall read as follows: (3) The Commissioner of the Bureau of Commodity Affairs or his designee as an ex officio member with full voting privileges. Section 3 . Said Act is further amended by striking in its entirety section 4 which presently reads as follows: Section 4. Organization of the Board; First Meeting, Organization, Rules and Regulations . Be it further enacted that, within thirty (30) days after its appointment, the Board shall meet on call by the Joint Secretary of the State Examining Boards. The Joint Secretary shall serve as Secretary to the Board in all matters as set forth in Chapter 84-1, Code of Georgia of 1933, as amended. The Board shall

Page 656

elect from its members a chairman and such other officers as it may deem necessary for such terms as it may designate in its rules and regulations. The Board shall adopt such rules and regulations as it may deem necessary for the proper discharge of its duties, in accordance with the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338). The chairman may appoint members to such committees as the work of the Board may require. Seven (7) members of the Board shall constitute a quorum. and substituting in lieu thereof a new section 4 which shall read as follows: Section 4. Organization of the Board; First Meeting, Organization, Rules and Regulations . Within thirty (30) days after its appointment, the Board shall meet on call by the Commissioner of the Bureau of Community Affairs or the Chairman of the Board. The Board shall be provided such staff as may be made available by the Commissioner of the Bureau of Community Affairs for the purposes of assisting the Board to carry out the purposes of this Act. Such State funds as may be appropriated annually to support the activities of the Board shall be made to the Bureau of Community Affairs, Department of Community Development. A Staff Director may be designated by the Board to serve as Secretary to the Board in all matters to be brought before it. The Board shall elect from its members a chairman and such other officers as it may deem necessary for such terms as it may designate in its rules and regulations. The Board shall adopt such rules and regulations as it may deem necessary for the proper discharge of its duties, in accordance with the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as amended. The Chairman may appoint members to such committees as the work of the Board may require. Seven (7) members of the Board shall constitute a quorum. Section 4 . Said Act is further amended by striking the last sentence of section 4A in its entirety and substituting in lieu thereof a new sentence which shall read as follows: Said Advisory Committees shall meet on call by the

Page 657

Chairman of the State Building Administrative Board and all members of such advisory committees shall serve without compensation, but each member of such committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by them while attending called meetings of such committees. so that when so amended, section 4A shall read as follows: Section 4A. Advisory Committees . For the purposes of assisting the Board in carrying out the provisions of section 5 of this Act, the Board shall appoint such advisory committees as it deems necessary and appropriate. Said advisory committees may have as members appropriate professional and technical personnel, members of the governing bodies of local governments and other such personnel as the Board deems necessary or advisable. Said Advisory Committees shall meet on call by the Chairman of the State Administrative Board and all members of such advisory committees shall serve without compensation, but each member of such committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by them while attending called meetings of such committees. 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.

Page 658

Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. STATE PLANNING AND COMMUNITY AFFAIRS POLICY BOARD ACT AMENDED. No. 1028 (House Bill No. 1469). An Act to amend an Act to implement the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. L. 1970, p. 321), as amended, so as to delete the policy direction of State planning and programming from the responsibilities of the State Planning and Community Affairs Policy Board; to provide that a Housing Report will be sent to the Governor rather than the Community Development Policy 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: Section 1 . An Act to implement the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. L. 1970, p. 321), as amended, is hereby amended by deleting from subsection (a) of section 3 the following words: state planning and programming and, so that when so amended, subsection (a) of section 3 shall read as follows: (a) The State Planning and Community Affairs Policy Board is hereby created to establish policy and direction concerning community affairs for the development of the State's physical, economic and human resources and to perform such other functions as may be provided by law.

Page 659

Section 2 . Said Act is further amended by deleting from subsection (e) of section 10 the words State Planning and Community Affairs Policy Board and substituting in lieu thereof the words the Governor so that when so amended subsection (e) of section 10 shall read as follows: (e) To study State housing needs and resources and present to the Governor recommended courses of action by State Government. Section 3 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. MARRIAGE AND FAMILY COUNSELOR LICENSING ACT. No. 1029 (House Bill No. 1478). An Act to regulate the practice of marriage and family counseling in the State of Georgia; to provide for a short title; to provide for declaration of purpose; to define certain

Page 660

terms; to provide for a Georgia Marriage and Family Counselor Licensing Board, the appointment of its members and its powers and duties; to authorize certain representations and activities; to provide for applications and licensing of marriage and family counselors; to provide for fees and examinations; to provide for reciprocity; to provide for refusal, revocation and suspension of licenses; to provide for reinstatement; to prohibit certain activities; to provide for enforcement; to make certain communications privileged; to provide for administration by the Joint Secretary, State Examining Boards; to provide for administrative procedures; to provide penalties; 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. Short Title . This Act shall be known and may be cited as the Marriage and Family Counselor Licensing Act. Section 2. Declaration of Purpose . The practice of marriage and family counseling in the State of Georgia is hereby declared to affect the public safety and welfare and to be subject to regulation and control in the public interest and in order to protect the public from the unprofessional, improper and unqualified practice of marriage and family counseling. This Act shall be liberally construed to carry out these objects and purposes. Section 3. Definitions . As used in this Act, unless the context clearly requires otherwise: (a) Licensed marriage and family counselor means an individual to whom a license has been issued pursuant to the provisions of this Act, which license is in force and not suspended or revoked as of the particular time in question. (b) Marriage and family counseling means the rendering of professional marriage and family counseling services to individuals, family groups and marital pairs, singly or in groups, whether such services are offered directly to the

Page 661

general public or through organizations, either public or private, for a fee, monetary or otherwise. Marriage and family counseling is a specialized field of counseling which centers largely upon the family relationship and the relationship between husband and wife. It also includes premarital counseling, predivorce and postdivorce counseling and family counseling. Marriage and family counseling consists of the application of principles, methods and techniques of counseling, and psychotherapeutic techniques for the purpose of resolving psychological conflict, modifying perception and behavior, altering old attitudes and establishing new ones in the area of marriage and family life. (c) Advertise means, but is not limited to, the issuing or causing to be distributed any card, sign or device to any person; or the causing, permitting or allowing any sign or marking on or in any building or structure, or in any newspaper or magazine or in any directory, or on radio or television, or by advertising by any other means designed to secure public attention. (d) Board means the Georgia Marriage and Family Counselor Licensing Board. (e) Recognized educational institution means any educational institution which grants a bachelor's, master's or doctor's degree and which is recognized by the Georgia State Board of Education; the State Board of Regents, University System of Georgia; a comparable established educational accrediting body; or by any accrediting body acceptable to the Georgia Marriage and Family Counselor Licensing Board established hereunder. (f) Joint Secretary means the Joint Secretary, State Examining Boards. Section 4. Authorized Representation; Prohibited Representation . Commencing January 1, 1977, no person who is not licensed under this Act shall advertise the performance of marriage and family counseling services or represent himself to be a licensed practicing marriage and family counselor, or use a title or description such as marriage

Page 662

counselor, advisor or consultant or family counselor, advisor or consultant, or any other name, style or description denoting that the person so engages in marriage and family counseling. Except as otherwise specifically provided in this Act, only a person licensed under this Act shall advertise himself, purport or describe himself as offering marriage or family counseling services. The use by an individual who is not licensed under this Act of such titles, descriptions or terms representative of a marriage and family counselor is prohibited by this Act only when in connection with the practice of marriage and family counseling as defined in section 3(b) of this Act. The use of such titles, descriptions or terms in connection with professional activities other than the rendering of professional marriage and family counseling services to individuals for a fee, monetary or otherwise, shall not be construed as implying that a person is licensed under this Act or as the practice of marriage and family counseling. No person licensed under this Act shall advertise by newspaper, magazine, radio, television or billboards that he or she is a licensed marriage and family counselor. Section 5. Certain Marriage and Family Counseling Services Excepted . (a) Any individual who is not a licensed practicing marriage and family counselor shall not be limited in his activities; if he or she: (1) As part of his duties as an employee of: (i) an accredited academic institution; a federal, state, county or local governmental institution or agency; or a research facility while performing those duties for which he was employed by such an institution, agency or facility; (ii) an organization which is nonprofit and which is, in the opinion of the board, a bona fide community agency, including but not limited to accredited Family Services Agencies, while performing those duties for which he was employed by such an agency; (iii) a proprietary organization while performing those duties for which he was employed by such organization, provided

Page 663

his marriage and family counseling duties are under the direct supervision and responsibility of a licensed practicing marriage and family counselor. (2) As a student of counseling, marriage and family counseling intern or person preparing for the practice of marriage and family counseling under qualified supervision in a training institution or facility recognized by the board, provided that he is designated by such titles as marriage counseling intern, family counseling intern or other title clearly indicating such training status. (3) Has a temporary permit therefor which the board may issue in its discretion upon his filing an application for licensing under this Act. (4) Has a temporary permit as a practicing marriage and family counselor under the supervision of a licensed practicing marriage and family counselor, or a person designated by the board as an eligible supervisor, if he has a temporary permit therefor which the board may issue upon this completion of all of the requirements for licensing under this Act, except the supervised experience requirement. Provided, however, that no person shall practice with a temporary permit for over three years. (b) Nothing in this Act shall be construed to prevent qualified members of other professional groups such as social workers, psychiatric nurse specialists, psychologists, physicians, attorneys at law, members of the clergy or guidance counselors from doing the work of a marriage and family counseling nature consistent with the accepted standards of their respective professions. Section 6. Georgia Marriage and Family Counselor Licensing Board . (a) There is hereby created a Georgia Marriage and Family Counselor Licensing Board which shall consist of seven members who are residents of this State, four of whom shall be practicing marriage and family counselors. (b) Each of the four members of the board, who are practicing counselors, shall have the following qualifications:

Page 664

(1) he shall either be a member of or have professional standing equivalent to that required for classification as a member of the American Association of Marriage and Family Counselors as stated in the educational and experience requirements prescribed by subsections (a) and (b) of section 10 of this Act; (2) he shall be at the time of his appointment, and shall have been for at least five years prior thereto, actively engaged as a marriage and family counselor in rendering professional services in marriage and family counseling, or in the education and training of graduate students of marriage and family counseling, or in marriage and family counseling research or in other professional counseling deemed substantially equivalent thereto, and shall have spent the major portion of the time devoted by him to such activity, during the two years preceding his appointment, in this State; (3) he shall hold at least a master's degree from a recognized educational institution in social work, nursing, marriage, pastoral, or family counseling, law, psychology, sociology of the family, marriage and family life education, or in a closely allied field or a doctor of medicine. (c) The members of the board shall represent at least three professional disciplines, which means that they are either marriage counselors, social workers, psychiatric nurse specialists, psychologists, physicians, attorneys at law, or members of the clergy. They shall be appointed by the Governor and confirmed by the Senate, immediately after the effective date of this Act. The terms of the first seven members of the board shall expire as follows: two members, December 31, 1977; two members, December 31, 1978; three members, December 31, 1979. Thereafter, each member of the board shall be appointed for a term of three years. If, before the expiration of his term, any member shall die, resign, become disqualified or otherwise cease to be a board member, the vacancy shall be filled by the Governor by appointment for the unexpired term. (d) The first appointees, other than the nonpracticing

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members, shall be deemed to be and shall become licensed practicing marriage and family counselors immediately upon their appointment and qualification as members of the board. (e) The Governor or some person designated by him for such purpose, after notice and hearing, shall have power to remove from office any member of the board for incompetence, neglect of duty, unprofessional conduct or conviction of a crime involving moral turpitude. Section 7. Oath of Members of Board; Organization; Secretary; Quorum . (a) Each of the members of said board shall take an oath of office that he will faithfully perform the duties of his office. The Joint Secretary of the State Examining Boards shall be the secretary of said board and he shall keep the minutes, books and other records and files of the board. (b) Within 30 days after its appointment, the board shall meet on call by the Joint Secretary of the State Examining Boards. The board shall elect from its members a chairman and secretary and such other officers as it may deem necessary for such terms as it may designate in its rules and regulations. The board shall hold at least one regular meeting each year, but additional meetings may be held upon the call of the chairman or at the written request of any two members of the board. Four members of the board shall constitute a quorum and no action at any meeting shall be taken without at least three votes in accord. The board shall, from time to time, adopt such rules and regulations as it may deem necessary to enable it to perform its duties and to carry into effect the provisions of this Act. The board shall examine and pass on the qualifications of all applicants for licenses under this Act and shall issue a license to each qualified successful applicant therefor attesting to his professional qualifications to engage in the practice of marriage and family counseling. Board members shall serve without compensation but shall be reimbursed for actual expenses reasonably incurred in the State of Georgia in the performance of their duties as members of the board. The expenses shall apply only to 12 days in each fiscal year.

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Section 8. Applications for Licensure . Each person desiring to obtain a license as a practicing marriage and family counselor shall make application to the Joint Secretary upon such forms and in such manner as the board shall prescribe and shall furnish evidence satisfactory to the board that he: (a) is at least 21 years of age; (b) is of good moral character; (c) is not engaged in any practice or conduct which would be a ground for suspending or revoking the license issued pursuant to this Act; (d) qualifies for licensing by examination of his credentials or for admission by having successfully passed such examination as the board shall prescribe uniformly to all candidates. Section 9. Licensure Prior to Certain Date . (a) Any person who applies on or before January 1, 1977, may obtain a license to be issued by the board by an examination of credentials if he meets the qualifications set forth in section 8 and provides satisfactory evidence to the board that he meets educational and experiential qualifications as follows: (1) educational requirements: at least a master's degree in social work, psychiatric nurse specialty, marriage or pastoral counseling, law, psychology, sociology of the family, family life education, or another field of study or a closely allied field or a doctor of medicine; the degree to have been obtained from an accredited institution so recognized at the time of granting of such degrees; (2) experience requirements: three years of full-time counseling experience, or its equivalent, of a character approved by the board, two years of which must have been in marriage and family counseling. (b) Any person already licensed or certified by January 1, 1977, in this State in a professional discipline cited in

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section 5(b), provided he applies for a license prior to January 1, 1977, and meets the qualifications set forth in section 8, shall be deemed qualified as a marriage and family counselor and may be issued a license hereunder. Section 10. Prerequisites to Examination . Any person applying to the board after January 1, 1977, shall be authorized to take the examination prescribed by the board if he meets the qualifications set forth in section 8 above and provides evidence satisfactory to the board that he has met educational and experiential qualifications as follows: (a) educational requirements: at least a master's degree in social work, psychiatric nurse specialty, marriage or pastoral counseling, law, psychology, sociology of the family, family life education, or a closely allied field of study or a doctor of medicine in which it is established by the applicant's transcripts that an equivalent course of study has been successfully completed; the degree to have been obtained from an accredited institution so recognized at the time of granting of such degrees; (b) experience requirements: five years of full-time counseling experience, or its equivalent, of a character approved by the board, two years of which must have been in marriage and family counseling; two of the five years required must have been under the supervision of a person holding a degree specified in subsection (a) of this section and who has himself had no less than five full years of professional experience or the equivalent. Section 11. Examinations . (a) The board shall conduct examinations and admissions at least twice a year at a time and place to be designated by it. Examinations shall be written, and if the board deems advisable, oral. In any written examination each applicant shall be designated by numbers so that his name shall not be disclosed to the board until the examinations have been graded. Examinations shall include the questions in such theoretical and applied fields as the board deems most suitable to test the applicant's knowledge and competence to engage in the practice of marriage and family counseling. An applicant shall be held to have passed his written examination and oral examination

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if given upon the affirmative vote of at least four members of the board. (b) Any person who shall have failed an examination conducted by the board shall not be permitted to take a subsequent examination for a period of at least six months, from the date of the examination failed. Section 12. Reciprocity . The board may, in its discretion, issue a license to any applicant, without examination, on the payment of the required fee if the applicant is licensed under the laws of another state or territory, and if the requirements for the issuance of a license for a marriage and family counselor in the state or territory in which the applicant was licensed were, at the date of his licensure, substantially equal to the requirements in force in this State, and if the state or territory whence the applicant comes accords a similar privilege of licensure without examination to holders of licenses as marriage and family counselors under this Act. Section 13. Fees . The board is empowered to establish and charge reasonable fees not less than $25.00 and not more than $100.00 for the administration of applications, examinations, issuance of licenses and renewal of licenses. Such fees shall be commensurate with the cost of carrying out the provisions of this Act. Section 14. Renewal of Registration . Every licensed marriage and family counselor shall, at a time prescribed by the Joint Secretary, apply to said Joint Secretary for a renewal of his license and pay a renewal fee to be determined by the board. The Joint Secretary shall determine the expiration, renewal and penalty dates with respect to periodic licensing. The board shall provide for the duration of such license but such license shall be valid for not less than one year nor more than five years. The board shall provide for reasonable penalty fees for late renewal. The board may, in its discretion, revive and extend a lapsed license upon the payment of all past unpaid renewal fees and penalties provided herein.

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Section 15. Refusal, Revocation and Suspension of Registration . The board, after due notice and hearing, may refuse to license any applicant, and may refuse to renew the license of any licensed person, and may suspend or revoke the license of any person for any of the following grounds: (a) use of fraud or deception in applying for a license under this Act or in taking the examination therefor required by this Act; (b) the practice of marriage or family counseling under a false or assumed name or impersonation of a licensed practicing marriage and family counselor of like or different name, or permitting an unlicensed person to practice marriage and family counseling in the name of the licensee and to use his license for that purpose, except for a person having a temporary permit; (c) conviction of a crime involving moral turpitude; (d) habitual intemperance in the use of intoxicants, narcotics or stimulants to such an extent as to incapacitate him from the performance of his professional duties as a licensed practicing marriage and family counselor; (e) conviction of or has pleaded nolo contendere to an indictment, information or complaint alleging a violation of any federal or state law relating to narcotic drugs; (f) violation of any provision of this Act or rule, regulation or code of ethics promulgated by the board; (g) gross negligence or misconduct in the performance of his professional duties as a licensed marriage and family counselor. Section 16. Reinstatement . Application may be made to the board for reinstatement at any time after the expiration of one year from the date of revocation of the license. Such application shall be in writing and shall be accompanied by a reinstatement fee as determined by the board. The board shall not reinstate any applicant unless satisfied that he is

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competent to engage in the practice of marriage and family counseling. The board may require a written and oral examination before reinstatement. Section 17. Powers and Duties of Board . The board shall be authorized to adopt reasonable rules to carry out the provisions of this Act and may amend and revoke such rules at its discretion. The board shall keep a record of its proceedings under this Act and a register of all persons licensed under it. The register shall show the name of every living person licensed under this Act, his last known place of business, his last known place of residence, and the date and number of his license as a marriage and family counselor. Section 18. Duty of Enforcement . The Joint Secretary, State Examining Boards, is hereby vested with the power and authority to make such investigations in connection with the enforcement of the provisions of this Act as he or the board or any district attorney may deem necessary or advisable, and the result of all investigations shall be reported to and the records thereof shall be kept by the board. Section 19. Injunction to Prevent Violation . Whenever it shall appear to the board that any person is or has been violating any provisions of this Act or any of the lawful rules, regulations or orders of the board, the board or the appropriate district attorney may file a petition for injuction in the proper superior court of this State against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this section shall be in addition to any other legal remedy which the board has and shall be in addition to any right of criminal prosecution provided by law. Section 20. Fraud in Obtaining License . It shall be unlawful for a person to attempt to obtain a license as a marriage and family counselor by a fraudulent representation. Section 21. Privileged Communication . Any communication between the marriage and family counselor and the person or persons counseled shall be confidential and its

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secrecy preserved. This privilege shall not be subject to waiver except where the marriage and family counselor is a party defendant to a civil, criminal or disciplinary action arising from such counseling, in which case the waiver shall be limited to that action. Section 22. Monies Paid to Joint Secretary . All fees, fines, penalties and other monies derived from the operation of this Act shall be paid to the Joint Secretary and remitted to the State Treasury. Section 23. Administrative Procedures . This Act shall be administered in accordance with the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. Section 24. Penalty . Any person violating any provision of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 25. Effective Date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and upon the appropriation of the necessary funds to implement the provisions of this Act. Section 26. 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, 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 27. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976.

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GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDCERTAIN SOLAR ENERGY EQUIPMENT EXEMPTED. No. 1030 (House Bill No. 1480) An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, so as to exempt from the tax imposed by said Act the sale or use of machines and equipment which are to be used directly in the conversion of solar energy for certain purposes and are to be attached to certain types of property; to provide procedures for the refunds on such tax; to provide for rules; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by adding at the end of section 3 (c) 2, one new subparagraph to be designated subparagraph (z), to read as follows: (z) Purchases of machines or equipment that will be attached to or become a part of agricultural, including animal and poultry husbandry operations, industrial, commercial or residential property and will be used directly in the conversion of solar energy for heating, or cooling, or drying, or water heating. For the purpose of this subparagraph, machines and equipment shall include all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating, or cooling, or drying, or water heating, but shall not include walls, roofs or equipment that would ordinarily be contained in a similar structure not designed or modified to use solar energy for heating, or cooling, or drying, or water heating. Exemption. Notwithstanding the provisions of this subparagraph, any person making a sale for any of the purposes specified herein shall collect the tax imposed thereon by this Act and remit

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the same to the Commissioner. To obtain the benefits hereof, the purchaser shall file a claim for refund with the Commissioner in the manner authorized by the general law, and, if the Commissioner determines that the requirements of this subparagraph have been met, he is hereby authorized to refund, without interest thereon, such portion of the tax paid by the purchaser as the Commissioner finds to be due under the provisions of this subparagraph. For the purposes of this subparagraph, the amount of tax paid by the purchaser shall be the amount paid the seller as tax less the amount the seller is allowed to retain as compensation for accounting for and remitting the tax. The State Revenue Commissioner may adopt rules providing procedures for applying for the refund authorized by this subsection and for certifying whether a particular purchase of such machines or equipment is entitled to the refund. This subparagraph shall be repealed and shall be null and void effective July 1, 1986. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976 CERTAIN JUDICIAL CIRCUITSCOMPENSATION OF ASSISTANT DISTRICT ATTORNEYS CHANGED. No. 1031 (House Bill No. 1486). An Act to amend an Act providing for certain assistant district attorneys in certain judicial circuits having more than one superior court judge, approved March 24, 1970 (Ga. L. 1970, p. 716), as amended by an Act approved March 20, 1974 (Ga. L. 1974, p. 360), and an Act approved April 18, 1975 (Ga. L. 1975, p. 821), so as to change the provisions relating to the compensation of assistant district attorneys; to provide for longevity increases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act providing for certain assistant district attorneys in certain judicial circuits having more than one superior court judge, approved March 24, 1970 (Ga. L. 1970, p. 716), as amended by an Act approved March 20, 1974 (Ga. L. 1974, p. 360), and an Act approved April 18, 1975 (Ga. L. 1975, p. 821), is hereby amended by striking subsection (a) of section 1, which reads as follows: (a) In each judicial circuit having more than one superior court judge, the district attorney shall be authorized to appoint as many assistant district attorneys as there are superior court judges in excess of one with the approval of the governing authorities of all of the counties comprising the judicial circuit, which assistant district attorneys shall each be compensated not in excess of $14,500.00 per annum at the discretion of the appointing district attorney from state funds, in equal monthly installments, by the State Treasurer, upon his being presented certification from the chief or presiding judge of the judicial circuit as to the employment of each such assistant district attorney., in its entirety, and inserting in lieu thereof a new subsection (a), to read as follows: (a) In each judicial circuit having more than one superior court judge, the district attorney shall be authorized to appoint as many assistant district attorneys as there are superior court judges in excess of one with the approval of the governing authorities of all of the counties comprising the judicial circuit. Each such assistant district attorney shall be compensated in an amount not to exceed $14,500 per annum during the first two years of service of such assistant district attorney. Effective on the last day of the second year of such assistant district attorney's service such compensation may be increased to an amount not to exceed $16,500 per annum. Such maximum compensation shall thereafter be increased by $500 for each subsequent year of service completed by each such assistant district attorney, but not to exceed a maximum compensation of $20,000 per annum. All increases in compensation as authorized by this section shall be at the discretion of the appointing district attorney. Any increases in compensation

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which result in a compensation greater than $14,500 per annum shall be paid only if funds have been appropriated or are otherwise available in an amount sufficient to fund such increases in compensation. Such compensation shall be paid from State funds, in equal monthly installments, by the Director of the Fiscal Division of the Department of Administrative Services, upon his being presented certification from the chief or presiding judge of the judicial circuit as to the employment of each such assistant district attorney. Salaries. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. PHARMACISTSREGULATORY FEE PROVISION MADE. Code Title 79A Amended. No. 1032 (House Bill 1494). An Act to amend Code Title 79A, as amended, relating to pharmacists, pharmacies and drugs, so as to provide that all regulatory fees shall be set by the Georgia State Board of Pharmacy by regulation; 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 79A, relating to pharmacists, pharmacies and drugs, is hereby amended by adding a new Code section to be designated Code section 79A-211, to read as follows: 79A-211. Power to set fees by regulation . Notwithstanding any provision of this Title to the contrary, the State Board of Pharmacy shall have the power to set the following fees by regulation: renewal fee as set forth in Code section

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79A-403; reciprocal registration fee as set forth in Code section 79A-404; examination fee as set forth in Code section 79A-405; annual pharmacist registration fee as set forth in Code section 79A-406; pharmacy license fee as set forth in Code section 79A-504; pharmacy renewal fee as set forth in Code section 79A-505; manufacturer's permit and renewal fees as set forth in Code section 79A-512 and wholesalers' and distributors' permit fees as set forth in Code section 79A-521. The fees established by the State Board of Pharmacy under the authority of this section shall be reasonably related to the cost of regulation under this Chapter. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. GEORGIA LAND SALES ACT AMENDED. No. 1033 (House Bill No. 1503). An Act to amend an Act entitled the Georgia Land Sales Act of 1972, approved March 31, 1972 (Ga. L. 1972, p. 638), as amended, so as to provide for a limitation of actions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled the Georgia Land Sales Act of 1972, approved March 31, 1972 (Ga. L. 1972, p. 638), as amended, is hereby amended by adding a new section between sections 20 and 21 to be designated section 20A and to read as follows:

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Section 20A. Where any provision of this Act has been violated, the rights and remedies created and conferred by this Act shall be enforced by the commencement of an action not later than two years after the occurrence of the violation, but in no event later than two years after the date of the contract for purchase; provided however, that nothing herein shall be construed to allow the enforcement of any rights and remedies under this Act beyond any lesser time which the Act may provide. Actions. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. VITAL RECORDSDEATH CERTIFICATE PROVISIONS CHANGED, ETC. Code Chapter 88-17 Amended. No. 1038 (House Bill No. 1514). An Act to amend Code Chapter 88-17, relative to vital records, as amended, so as to change the provisions relative to issuing of copies of death certificates; to provide for certificates of record; to change the provisions relative to burial transit permits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 88-17, relative to vital records, as amended, is hereby amended by adding between Code section 88-1715 and Code section 88-1716 at new Code section to be designated Code section 88-1715.1 to read as follows: 88-1715.1. Copies of death certificates and certificates of record .(a) When a death certificate is filed with a local registrar, it shall be transmitted to the State Department of Human Resources for proper certification. After proper

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certification and the assignment of a State file number, the death certificate shall be returned to the local custodian. Certified copies of such death certificates may be issued by the local custodian. (b) After a death certificate is filed with a local registrar, but before the death certificate has been certified by the State Department of Human Resources, the local custodian shall be authorized to issue copies of the death certificate to be known as a `Certificate of Record.' Each certificate of record shall have printed thereon the following: `This is an exact copy of the death certificate received for filing inCounty.' Such certificate of record shall be signed by the local custodian and have the county seal affixed thereto. Section 2 . Said Code Chapter is further amended by adding at the end of Code section 88-17 a new subsection to be designated subsection (g) to read as follows: (g) The Department shall prescribe rules and regulations so that local registrars may permit hospitals, funeral homes or others in their respective counties or in an adjacent or nearby county to issue permits. Code 88-17 amended. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. AGRICULTUREFARMERS MARKETLICENSING PROVIDED. No. 1039 (House Bill No. 1540). An Act to amend an Act authorizing the Commissioner of Agriculture to establish farmers markets in this State, approved February 25, 1935 (Ga. L. 1935, p. 369), as amended, so as to require that on or after January 1, 1977, any person using the facilities of any market which

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charges a gate fee for the purpose of selling or offering for sale any item on the premises of such a market operated pursuant to this Act, must be licensed by the Commissioner of Agriculture; to provide that by applying for or retaining said license, the applicant or licensee, as the case may be, agrees to permit inspection of any and all of his property, including property owned, leased, controlled or used to raise produce, by representatives of the Commissioner of Agriculture; to provide that licensing shall be in accordance with the provisions of the Department of Agriculture Registration, License and Permit Act; to provide that the Commissioner may establish by rules and regulations procedures for the operation of markets, the maintenance of safety and order, and for the removal of persons from a market who are in violation of market rules or whose presence constitutes a danger to person, property or orderly operation of a market; to provide that noncompliance with any law, rule or regulation concerning the operation of any market shall be cause for revocation of the license required hereby, shall constitute cause for immediate removal from the market premises, and shall constitute a misdemeanor; to provide that the Commissioner may promulgate such rules and regulations necessary to implement the provisions 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 . An Act authorizing the Commissioner of Agriculture to establish farmers markets in this State, approved February 25, 1935 (Ga. L. 1935, p. 369), as amended, is hereby amended by adding a new section, to be designated section 5A, to read as follows: Section 5A. In order to better manage the markets authorized by this Act, and to thereby facilitate the use of the markets by the citizens of this State, on or after January 1, 1977, all persons desiring to sell or to offer for sale any items on the facilities of any market operated pursuant to this Act, which charges a gate fee, must be licensed to do

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so by the Commissioner of Agriculture. By applying for a license or retaining said license, the applicant or licensee, as the case may be, gives his express consent for representatives of the Commissioner of Agriculture to enter upon and inspect all property owned, leased, controlled or used in the production of crops, by said applicant or licensee. License. Section 2 . Said Act is further amended by adding a new section, to be designated section 14B, to read as follows: Section 14B. All procedures and practices concerning the licenses required hereby shall be in accordance with the Department of Agriculture Registration, License and Permit Act (Ga. L. 1966, p. 307). Section 3 . Said Act is further amended by adding a new section, to be designated section 14C, to read as follows: Section 14C. The Commissioner of Agriculture is authorized to promulgate such rules and regulations as he deems necessary to implement the provisions of this Act and all laws relating to the operation of farmers markets. This authorization shall, without otherwise limiting the authority of the Commissioner, expressly include the authority for the Commissioner to establish by rule and regulation procedures for the operation of farmers markets, the maintenance of safety and order, and for the removal of persons from the market who are in violation of market rules or whose presence constitutes a danger to person, property or the orderly operation of a market.' Rules. Section 4 . Said Act is further amended by adding a new section, to be designated section 14D, to read as follows: Section 14D. Noncompliance with any law, rule or regulation concerning the operation of any market existing pursuit hereto shall constitute cause for revocation of the license required hereby, shall constitute cause for immediate removal from the market premises and shall constitute a misdemeanor. Revocation. (a) Rules and regulations promulgated by the Commissioner

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under this Act must be submitted to the Standing Committee on Agriculture and Consumer Affairs in the House of Representatives and the Standing Committee on Agriculture in the Senate before they become effective. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. NONRESIDENTSACT REGARDING SALE OF USED MOTOR VEHICLES REPEALED. No. 1040 (House Bill No. 1548). An Act to repeal an Act relating to the sale of used motor vehicles by nonresidents, approved March 31, 1937 (Ga. L. 1937, p. 735); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to the sale of used motor vehicles by nonresidents, approved March 31, 1937 (Ga. L. 1937, p. 735), 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 24, 1976.

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REVENUEACT REQUIRING TAX AFFIDAVITS FOR AUTOMOBILE TAG PURCHASE REPEALED. No. 1041 (House Bill No. 1550). An Act to repeal an Act relating to the presentation of tax affidavits with applications for automobile license tags, approved March 9, 1955 (Ga. L. 1955, p. 639); 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 presentation of tax affidavits with applications for automobile license tags, approved March 9, 1955 (Ga. L. 1955, p. 639), 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 24, 1976. CERTAIN COUNTIESPROBATE COURTSOFFICE LOCATIONS (600,000 OR MORE). Code 24-1714 Amended. No. 1043 (House Bill No. 1575). An Act to amend Code section 24-1714, pertaining to the location of the office of the Judge of the Probate Court and all things belonging thereto, so as to provide that in certain counties the Judge of the Probate Court may maintain more than one office location and all things belonging thereto; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Code section 24-1714, pertaining to the office of the Judge of the Probate Court is amended by inserting following Code section 24-1714, a new Code section, which shall be known as Code section 24-1714(a), which shall read as follows: Section 24-1714(a) . Notwithstanding any other provisions of law, in all counties having a population in excess of 600,000 according to the 1970 United States census or any future such census, where the governing authority of the county has established and constructed one or more permanent satellite courthouses within the county and has designated same as a courthouse annex or by similar designation has established same as an additional courthouse to the courthouse located at the county site, the Judge of the Probate Court shall be empowered to keep and maintain his office, or offices, and all things belonging thereto, at such additional courthouse location as well as at the courthouse at the county site. The Judge of the Probate Court shall be authorized to maintain offices at the courthouse at the county site and also to maintain offices at such additional satellite courthouse or courthouses established by the governing authorities of the county. Any and all actions taken by the Judge of the Probate Court at any such branch courthouse, satellite courthouse or additional courthouse location (however same may be designated) which is established by the county governing authorities and designated as an additional courthouse location, shall be as fully valid and binding as though taken and performed at the courthouse at the county site; provided, however, that nothing herein shall authorize the maintenance of any permanent records at any location other than the courthouse located at county site. Section 2 . This Act shall become effective when it is signed by the Governor or otherwise becomes law without the approval of the Governor. Effective date.

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Section 3 . All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. CERTAIN COUNTIESMARRIAGE LICENSESLOCATION FOR OBTAINING PROVIDED. (600,000 OR MORE). Code 53-201 Amended. No. 1044 (House Bill No. 1576). An Act to amend Code section 53-201, pertaining to the place, time and other matters relating to the issuance of marriage licenses, so as to provide that in certain counties marriage licenses may be granted by the judge of the probate court at locations within the county other than the county courthouse at the county site; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 53-201, pertaining to the location of the issuance of marriage licenses, is amended by inserting following Code section 53-201, a new Code section which shall be known as Code section 53-201(a), which shall read as follows: Section 53-201(a) . Notwithstanding any other provisions of law, in all counties having a population in excess of 600,000 according to the 1970 United States census or any future such census, where the governing authority of the county has established and constructed one or more permanent satellite courthouses within the county and has designated the same as a courthouse annex or by similar designation has established same as an additional courthouse to the courthouse located at the county site, the Judge of the Probate Court or his Clerk shall be authorized to issue the marriage licenses provided for by Code section 53-201

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and to take and perform any and all other actions prescribed in said Code section 53-201, either at the courthouse located at the county site or at any such permanent satellite courthouse or courthouses within the county which has been established and constructed and designated by the governing authority of the county as a courthouse annex or by similar designation as an additional courthouse to the courthouse located at the county site. Section 2 . This Act shall become effective when it is signed by the Governor or otherwise becomes law without the approval of the Governor. Effective date. Section 3 . All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. DEPARTMENT OF HUMAN RESOURCESGOVERNOR AUTHORIZED TO IMPROVE MANAGEMENT. No. 1050 (House Bill No. 1602). An Act to amend an Act known as the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015) as amended by an Act approved April 24, 1975 (Ga. L. 1975, p. 1211) 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 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 extend the date upon which such authority shall expire; to require any plan of reorganization to provide for a county Department of Family and Children Services, a county Board of Family and Children Services and a county Director of Family and Children Services in each county of this State; to provide that each county director shall be the

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executive officer of the county department who shall be responsible for operations and personnel; to provide that each county Board of Family and Children Services shall have certain powers, duties and other requirements; 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 (Ga. L. 1972, p. 1015) as amended by an Act approved April 24, 1975 (Ga. L. 1975, p. 1211) reorganizing the Executive Branch of State Government, is hereby amended by striking in section 1202 the words. This section shall expire on April 1, 1976..... and inserting in lieu thereof the words, This section shall expire on December 31, 1976..... Notwithstanding any other provision of this section, the Governor shall not have the power by Executive order to abolish any county Board of Family and Children Services. Section 2 . Said Act is further amended by adding at the end of section 1202 the following: Any other provisions of this section to the contrary notwithstanding, any such reorganization plan shall provide for a county Department of Family and Children Services, a county Board of Family and Children Services, and a county Director of Family and Children Services in each county of this State. The county director shall be the executive officer of the county department who shall be responsible for operations and personnel. In addition to such other powers and authorities which may be delegated to county Departments of Family and Children Services, each county Board and Director of Family and Children Services shall have the same powers, duties and bond requirements as provided in sections 10, 11 and 12 of an Act approved February 26, 1937 (Ga. L. 1937, p. 355), as now or hereafter amended.

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Section 3 . This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. OSTEOPATHSCERTAIN LICENSING PROVISIONS REPEALED, ETC. Code Chapter 84-9 Amended. No. 1051 (House Bill No. 1618). An Act to amend Code Chapter 84-9, relating to medical practitioners, as amended, particularly by an Act approved March 16, 1970 (Ga. L. 1970, p. 301), so as to repeal certain provisions relating to the licensing of osteopaths; to change the penalty for the unlawful practice of medicine from a misdemeanor to a felony; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 84-9, relating to medical practitioners, as amended, particularly by an Act approved March 16, 1970 (Ga. L. 1970, p. 301), is hereby amended by repealing Code section 84-907.1, relating to the licensing of osteopaths, in its entirety. Section 2 . Said Code Chapter is further amended by striking Code section 84-9914 in its entirety and inserting in lieu thereof a new Code section 84-9914, to read as follows: 84-9914. Practicing medicine illegally . Any person guilty of practicing medicine without complying with the provisions of Chapter 84-9, or any person who shall violate the provisions of said Chapter, shall be deemed guilty of a

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felony and upon conviction thereof shall be punished by a fine of not less than $500 nor more than $1,000, or by a term of from two to five years in the penitentiary, or both. Any person presenting or attempting to file as his own the diploma or certificate or credentials of another, or who shall give false or forged evidence of any kind to the State Board of Medical Examiners or any member thereof in connection with an application for a license to practice medicine, or shall practice medicine under a false or assumed name, or shall falsely impersonate any other practitioner of a like or different name, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine of not less than $500 nor more than $1,000, or by a term of from two to five years in the penitentiary, or both. 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 24, 1976. GUARDIANS AND WARDSBONDS OF NATURAL GUARDIANS PROVIDED, ETC. Code Title 49 Amended. No. 1052 (House Bill No. 1643). An Act to amend Code Title 49, relating to guardians and wardships, as amended, so as to provide for natural guardians and their bond; to provide for appointment of testamentary guardians by widows and widowers; to provide that a married woman or man may be guardians; to provide for power and duty of a guardian in general; to provide for wages of an involuntarily hospitalized person, payments to spouse, exemption from garnishment, proof

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by spouse, and release of employer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 49, relating to guardians and wardships, as amended, is hereby amended by striking from Code section 49-102, the following: The father, if alive, unless otherwise provided herein, is the natural guardian; if the father is dead or if the father is not domiciled with the mother, the parent having custody of the child is the natural guardian., and inserting in lieu thereof the following: Either parent, if both alive, unless otherwise provided herein, is the natural guardian; if a parent is dead or if the parents are legally separated or divorced, the parent having custody of the child is the natural guardian., so that when so amended Code section 49-102 shall read as follows: 49-102 Natural guardian; bond . Either parent, if both alive, unless otherwise provided herein, is the natural guardian; if a parent is dead or if the parents are legally separated or divorced, the parent having custody of the child is the natural guardian. The natural guardian may not demand or receive the property of the child until a guardian's bond shall be filed and accepted by the Judge of the Probate Court: Provided, however, where the value of the property of the child is one thousand ($1,000.00) dollars or less, no such bond will be required. If such natural guardian shall fail or refuse to give bond and surety and the child's property value exceeds one thousand ($1,000.00) dollars the Judge of the Probate Court may appoint another guardian to receive such property without publishing a citation as is published in guardianship matters under other Statutes. Section 2 . Said Code Title is further amended by striking Code section 49-104, relating to appointment of testamentary

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guardians by widows, in its entirety and inserting in lieu thereof a new Code section 49-104, to read as follows: 49-104 Appointment of testamentary guardians by widows or widowers . The mother, if a widow or the father, if a widower, shall have the power by will to appoint testamentary guardians for such children as have none, as to their persons, and as to such property as they may inherit from her or him. Section 3 . Said Code Title is further amended by striking Code section 49-108, relating to married women as guardians, in its entirety and inserting in lieu thereof a new Code section 49-108 to read as follows: 49-108 Married woman or man may be guardian, when . A married woman or man may be guardian of the person or property, or both, of any minor, whether such person's own child or that of another, by complying with all the provisions required by law of other guardians in this State. Section 4 . Said Code Title is further amended by striking Code section 49-201, relating to power and duty of a guardian in general, in its entirety and inserting in lieu thereof a new Code section 49-201 to read as follows: 49-201 Power and duty of a guardian in general . The power of the guardian over the person of his or her ward shall be the same as that of the parent over his or her child, the guardian standing in his or her place; and in like manner it shall be the duty of the guardian to protect and maintain, and, according to the circumstances of the ward, to educate him or her. Section 5 . Said Code Title is further amended by striking Code section 49-609, relating to wages of an involuntarily hospitalized man, payment to wife, exemption from garnishment, proof by wife, and release of employer, in its entirety and inserting in lieu thereof a new Code section 49-609 to read as follows:

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49-609 Wages of an involuntarily hospitalized person; payment to spouse; exemption from garnishment; proof by spouse; release of employer . It shall be lawful upon the involuntary hospitalization pursuant to Chapter 88-5 of any person employed by any person, firm, partnership, governmental unit, or public or private corporation doing business in this State, hereinafter called `employer', who may have wages due him or her by said employer and who may have a spouse with whom he or she was living at the time of the order of involuntary hospitalization pursuant to Chapter 88-5 to pay so much of said wages as exceed any amount due said employer to said spouse, and said funds to the amount of any amount due said employee after the order of involuntary hospitalization shall be exempt from any and all process of garnishment. Such employer is hereby required to pay over said funds on the demand of said spouse upon satisfactory proof that he or she is the spouse of said person involuntarily hospitalized and was living with him or her at the time of the order of involuntary hospitalization. Said employer paying over said funds as aforesaid shall be protected and released from all claims whatever against said funds by any guardian of said involuntarily hospitalized employee or the creditors of said employee or other claims that may be brought against said funds. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. INSURANCERATESCONTRACTING PROVIDED, ETC. Code Chapter 56-5 Amended. No. 1055 (House Bill No. 1657). An Act to amend Code Chapter 56-5, relating to rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, so as to provide that nothing

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contained within said Code Chapter shall be deemed to prohibit an insurer and its insured from contracting to use a rate on a specific risk or risks, which is in excess of, or lower than, that otherwise applicable, under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 56-5, relating to rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, is hereby amended by adding, following Code section 56-522.1, a new Code section 56-522.2, to read as follows: 56-522.2. Consent to Rate .Nothing contained in this Chapter shall be deemed to prohibit an insurer and its insured from contracting to use a rate on a specific risk or risks which is in excess of, or lower than, that otherwise applicable, provided that such contract and rate deviation by consenting parties have been filed with the Commissioner prior to the use of such rate in accordance with such procedures, conditions and limitations as may be established by the Commissioner. 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 24, 1976. REVENUEINTOXICATING LIQUORSREPORTING SYSTEM AUTHORIZED. No. 1061 (House Bill No. 1706). 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 that the State Revenue Commissioner may by regulation provide for the collection of taxes imposed on distilled spirits through the use of a reporting system rather than through the use of revenue stamps; to provide for certain procedures; to provide for approval of rules and regulations by a joint subcommittee of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by adding to section 11 of said Act a new subsection (e), to read as follows: (e) Notwithstanding any other provision to the contrary, the State Revenue Commissioner may by regulation provide that the taxes imposed on all distilled spirits imported into this State or manufactured in this State may be collected by a reporting system rather than through the use of stamps. The State Revenue Commissioner may promulgate rules and regulations covering reports to be made; records to be kept; to prescribe penalties for failure to comply with such reporting system; to require posting of bond or other security satisfactory to the Commissioner and other matters pertaining to the administration and enforcement of collecting the tax under the reporting system. In the event the State Revenue Commissioner prescribes a reporting system for collection of taxes imposed on distilled spirits all of the laws applicable to revenue stamps shall apply to such reporting system so far as they can be made applicable. No rule or regulation promulgated by the State Revenue Commissioner as authorized in the first paragraph of this subsection shall become effective until such rule or regulation is approved by a joint subcommittee of the House Ways and Means Committee and the Senate Banking, Finance and Insurance Committee, consisting of three members

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from each committee appointed by the respective chairmen thereof. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. REVENUEMOTOR VEHICLESFOREST PRODUCTS TRUCKSPROVISIONS CHANGED. Code 92-2902 Amended. No. 1063 (House Bill No. 1731). An Act to amend Code section 92-2902, relating to annual fees for operating motor vehicles, as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 132), so as to change the provisions relating to trucks transporting forest products; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-2902, relating to annual fees for operating motor vehicles, as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 132), is hereby amended by adding at the end of subsection 17 the following: Such trucks and truck-tractors shall be licensed in accordance with the provisions of this subsection even though such trucks or truck-tractors are also used to transport skidders, tractors, loaders and other logging equipment, and such trucks and truck-tractors shall not be required to

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pay additional fees or obtain additional license tags in order to transport such logging equipment., so that when so amended, subsection 17 of said Code section shall read as follows: 17. Trucks Transporting Forest Products. Trucks transporting logs, pulpwood, or other forest products, shall be licensed in accordance with the following annual fees: Code 92-2902 amended. (a) Straight trucks; and truck-tractors pulling a single pool trailer hauling logs from the woods to the sawmill $ 30.00 (b) Other truck-tractos 175.00 Provided, however, that skidders, tractors, and loaders used only in the woods shall not be required to obtain a license tag. Such trucks and truck-tractors shall be licensed in accordance with the provisions of this subsection even though such trucks or truck-tractors are also used to transport skidders, tractors, loaders and other logging equipment, and such trucks and truck-tractors shall not be required to pay additional fees or obtain additional license tags in order to transport such logging equipment owned by the owner of such trucks or truck-tractors. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. GEOLOGISTSCERTIFICATION REQUIREMENTS CHANGED. Code 84-2108A, 84-2109A, 84-2112A amended. No. 1064 (House Bill No. 1748). An Act to amend an Act known as the Registration of Geologists Act of 1975, approved March 25, 1975 (Ga. L.

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1975, p. 163), so as to change certain section numbers; to change certain dates; to change the provisions relative to minimum qualifications for registered geologists; to change the provisions relative to the manner and minimum requirements for certification in a specialty; 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 Registration of Geologists Act of 1975, approved March 25, 1975 (Ga. L. 1975, p. 163), is hereby amended by striking the present numerical designations Section 84-2507A through Section 84-2527A and redesignating the respective sections as Section 84-2107A through Section 84-2127A. Section 2 . Said Act is further amended by striking the date July 1, 1976 wherever it appears in the Act and inserting in lieu thereof the date January 1, 1977. Section 3 . Said Act is further amended by striking in its entirety subsection (d) of the section having the present numerical designation Section 84-2508A (new numerical designation Section 84-2108A), and inserting in lieu thereof a new subsection (d) to read as follows: (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 of an applicant who makes a written application to the board not later than January 1, 1977, and who otherwise meets the qualifications of this section. Code 84-2108A amended. Section 4 . Said Act is further amended by striking in its entirety paragraph (1) of subsection (b) of the section having the present numerical designation Section 84-2509A (new numerical designation Section 84-2109A), and inserting in lieu thereof a new paragraph (1) to read as follows:

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(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 January 1, 1977, professional geological work shall qualify under this subdivision if it is performed under the supervision of a qualified geologist in the specialty for which the applicant is seeking registration or of a registered civil engineer if the applicant is seeking registration as an engineering geologist; or. Code 84-2109A amended. Section 5 . Said Act is further amended by adding a new paragraph (3) following the present paragraph (2) of subsection (b) of the section having the present numerical designation Section 84-2509A (new numerical designation Section 84-2109A) to read as follows: (3) The board shall waive the examination requirement for a certification of an applicant who makes a written application to the board not later than six (6) months after such certification in a specialty has been created by the board. Code 84-2109A amended. Section 6 . Said Act is further amended by deleting the word annually in subsection (b) of the section having the present numerical designation Section 84-2512A (new numerical designation Section 84-2112A) and substituting in lieu thereof the word biennially. Code 84-2112A 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 March 24, 1976.

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GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY ACT AMENDEDMEMBERSHIP CHANGED. No. 1065 (House Bill No. 1764). An Act to amend an Act creating the Georgia Agrirama Development Authority, approved April 7, 1972 (Ga. L. 1972, p. 1161), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 523), so as to change 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), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 523), is hereby amended by striking section 3 in its entirety and substituting therefor a new section 3, to read as follows: Section 3. The Authority shall consist of twelve (12) members as follows: (a) Dean and Coordinator of the College of Agriculture; Composition. (b) Commissioner of Agriculture, or his designee; (c) President, Georgia Farm Bureau Federation, or his designee; (d) Director of Tourism of Industry and Trade; (e) Director, Coastal Plains Planning Commission; (f) Director, Coastal Plains Experiment Station; (g) A member of the Chamber of Commerce of Tift County, to be appointed by the Board of Directors of that organization; (h) State Historical Preservation Officer;

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(i) State Supervisor of Vocational Agriculture; (j) A member of the Public Service Commission to be appointed by the Governor; (k) President, Ag Alumni Association; (l) Secretary-Treasurer, Ag Alumni Association. The Authority shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. The Authority may make such bylaws for its government as is deemed necessary, but is under no duty to do so. 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. 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 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 24, 1976. COUNTY LAW LIBRARIESBOARD OF TRUSTEESPROVISIONS CHANGED, ETC. No. 1072 (House Bill No. 2034). An Act to amend an Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. L. 1971, p. 180), as amended by an Act approved April 10, 1973 (Ga. L. 1973, p. 430), so as to change the provisions relating to the Secretary-Treasurer of the Board of Trustees; to change the provisions relating to financing the cost of establishing and maintaining law libraries; to provide for the maintenance of said libraries; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. L. 1971, p. 180), as amended by an Act approved April 10, 1973 (Ga. L. 1973, p. 430), 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. There is hereby created an office to be known as Secretary-Treasurer of the Board of Trustees of the County Law Library in each such county, who shall be selected and appointed by the Board and who shall serve at the pleasure of the Board. The Board may appoint one of its own members as Secretary-Treasurer or, in its discretion, may designate some other person to act as Secretary-Treasurer of the Board. The Secretary-Treasurer of the Board shall perform the duties provided for the Treasurer in this Act. The Board of Trustees may designate the Judge

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of the Probate Court or a Deputy Clerk of the Superior Court of each such county to act as librarian, and any such official shall not receive any additional compensation for the performance of such duties. The Board, however, in its discretion, may designate some other person to act as librarian and fix the compensation for such person. Section 2 . Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. For the purpose of providing funds for the purpose of purchasing law books, reports, texts and periodicals for such library, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each suit, action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, State, probate and any other courts of record except recorder's or police courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the senior judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless said senior judge shall first determine that a need exists for a law library in said county. The clerk of each and every such court in such counties in which such a law library shall be established shall collect such fees and remit same to the Treasurer of the Board of Trustees of the County Law Library of the county in which said case was brought on the first day of each month. When the costs in criminal cases are not collected, the cost herein provided shall be paid from the fines and forfeitures fund of such court in which the case is filed before any other disbursement or distribution of such fines or forfeitures shall be made. Section 3 . Said Act is further amended by adding a new section to be known as section 7A to read as follows:

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Section 7A. The Board of County Commissioners or other governing authority of such counties shall furnish necessary space, offices, lights, heat and water for the maintenance of such library. Library. 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 24, 1976. SHERIFFSFEES CHANGED, ETC. Code 24-2823 Amended. No. 1088 (Senate Bill No. 365). An Act to amend Code section 24-2823, relating to sheriff's fees, as amended, so as to change certain fees; to enumerate additional fees; to remove authority for certain fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 24-2823, relating to sheriff's fees, as amended, is hereby amended by striking therefrom the following: Civil Cases Serving copy of process and returning original, per copy $ 7.50 Suit from another county, to be paid in advance 7.50 Summoning each witness 2.00 Each levy of fieri facias 7.50 Search and return of nulla bona 5.00 Serving summons of garnishment, or rule against garnishee 5.00 If more than one, for each additional copy 2.00 Commissions on sales of property, on sums of $50 or less, 5 percent. On excess above $50 up to $550, 2 percent. For all sums exceeding $550, on excess, 1 percent. No commissions shall be charged unless property is actually sold. Making out and executing titles to land 7.50 If presented by purchaser 5.00 Executing bill of sale to personal property, when demanded by purchaser 5.00 Forthcoming bonds 5.00 Serving process against tenant over, or intruder upon land to dispossess them 5.00 For dispossessing tenant or intruder 10.00 Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 5.00 Settling each execution in his hands, settled without sale 5.00 Settling execution from justice's court 5.00 Levying an attachment 7.50 Following property out of county with attachment for every mile going and returning .12 Attending, superior or city courts, per day 15.00 Courts of ordinary, per day 7.50 At elections as required by law, each day 15.00 Collecting tax fi fa's $100 or less, each 1.50 Collecting tax fi fa's over $100, each 3.00, and substituting in lieu thereof the following: Civil Cases Serving copy of process and returning original, per copy $ 10.00 Suit from another county, to be paid in advance 10.00 Summoning each witness 3.00 Each levy or fieri facias 10.00 Search and return of nulla bona 7.50 Serving summons of garnishment, or rule against garnishee 7.50 If more than one, for each additional copy 3.00 Commissions on sales of property, on sums of $50 or less, 7 percent. On excess above $50 up to $550, 5 percent. For all sums exceeding $550, on excess, 2 percent. No commissions shall be charged unless property is actually sold. Making out and executing titles to land 10.00 If presented by purchaser 7.50 Executing bill of sale to personal property, when demanded by purchaser 7.50 Forthcoming bonds 7.50 Serving process against tenant over, or intruder upon land to dispossess them 7.50 For dispossessing tenant or intruder 10.00 Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 7.50 Settling each execution in his hands, settled without sale 7.50 Settling execution from justice's court 7.50 Levying an attachment 10.00 Following property out of county with attachment, for every mile going and returning .20 Attending superior or city courts, per day 15.00 Probate Courts, per day 10.00 At elections as required by law, each day 15.00 Collecting tax fi fa's $100 or less, each 2.50 Collecting tax fi fa's over $100, each 5.00, Section 2 . Said Code section is further amended by striking therefrom the following: Criminal Cases Removing prisoner when habeas corpus is sought for his relief $ 7.50 Removing prisoners under habeas corpus when no mileage is paid, per day 7.50 Attending persons taken by warrant to judge's chamber, for each time 2.00 Conducting prisoner before judge or court to and from jail 2.00 Executing and returning a bench warrant 8.00 Apprehending a person suspected, if committed or held to bail 8.00 Summoning each witness 2.00 Taking bonds in criminal cases 6.00 Executing a warrant of escape 5.00 Services in every criminal case before a judge or a judge and jury 5.00. and inserting in lieu thereof the following: Criminal Cases Removing prisoner when habeas corpus is sought for his relief $ 10.00 Removing prisoners under habeas corpus when no mileage is paid, per day 10.00 Attending persons taken by warrant to judge's chamber, for each time 3.00 Conducting prisoner before judge or court to and from jail 3.00 Executing and returning any warrant 10.00 Serving any warrant 10.00 Summoning each witness 3.00 Taking bonds in criminal cases 7.50 Executing a warrant of escape 7.50 Services in every criminal case before a judge or a judge and jury 7.50. Code 24-2823 amended. Section 3 . All costs provided for under the provisions of Code section 24-2823 shall be paid at the Clerk's office at the time of filing. Costs. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976.

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SALE OF LAND IN CITY OF CALHOUN AUTHORIZED. No. 108 (Senate Resolution No. 285). A Resolution. Authorizing the conveyance of certain State-owned real property located in Gordon County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in the City of Calhoun, Gordon County, Georgia; and Whereas, said real property is described as follows: All that certain tract or parcel of land situate, lying and being in the City of Calhoun, Georgia, and in Land Lot 206 of the 14th District of Gordon County, Georgia, and being more particularly described as follows, to wit: BEGINNING at a point formed by the intersection of the easterly right-of-way line of King Street with the southerly right-of-way line of Court Street; running thence easterly along the southerly right-of-way line of Court Street a distance of 80 feet, more or less, to a point; thence running southerly a distance of 276 feet, more or less, to a point on the northerly right-of-way line of Oothcalooga Street; thence running westerly along the northerly right-of-way line of Oothcalooga Street a distance of 42 feet, more or less, to a point formed by the intersection of the northerly right-of-way line of Oothcalooga Street with the easterly right-of-way line of King Street; thence running northerly along the easterly right-of-way line of King Street a distance of 268 feet, more or less, to the point of beginning.; and Whereas, the above described real property is no longer needed by the State of Georgia and is therefore surplus;

Page 708

and Whereas, the State of Georgia, through the State Properties Commission, had such tract of land appraised and ascertained that the appraised value is $14,600.00. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, acting for and on behalf of the State of Georgia, is hereby authorized and directed to sell and convey the hereinabove described parcel or tract of land under bid procedures of the State Properties Commission without the necessity of obtaining additional appraisals, but subject to the following conditions: (1) that said tract or parcel of land shall be conveyed to the highest bidder; 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 not less than $14,600.00. 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 March 24, 1976. DEVELOPMENT AUTHORITIES LAW AMENDED. No. 1089 (Senate Bill No. 380). An Act to amend an Act known as the Development Authorities Law, approved March 28, 1969 (Ga. L. 1969, p. 137), as amended by an Act approved March 19, 1971 (Ga. L. 1971, p. 177), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1259), so as to provide a more effective

Page 709

mechanism whereby local communities can stimulate economic growth and development; to attract and retain industrial enterprises, expand local credit and capital, and reduce unemployment; specifically, to expand the definition of the word project to include the acquisition, construction, improvement or leasing of any property by a development authority or by any industrial concern in connection with the operation of any plant or facility located, or to be located, within the area of operation of a development authority and to include the acquisition, construction or improvement of certain sewage disposal and solid waste disposal facilities; to expand the definition of cost of project to include interest prior to and during construction, certain planning costs and certain costs involved in financing of projects; to authorize development authorities to lend monies to industrial concerns for the planning, design, construction, financing and carrying out of projects located on lands owned or leased by persons, firms, corporations or other entities other than such development authorities themselves; to authorize development authorities to issue bond anticipation notes and to specify and modify certain procedures relating principally to the issuance of bonds and bond anticipation notes and the validation of bonds; to empower development authorities to acquire, accept or retain security interests in order to secure repayment of any monies loaned or credit extended by such development authorities; to provide certain procedures relating to the granting of security interests in, or other encumbrances of, its properties by a development authority as security for payment of the obligations of such development authority evidenced by bonds, notes, trust indentures, deeds to secure obligations, security agreements or mortgages; to provide for modification of and addition to the stated purposes of the Development Authorities 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 . An Act known as the Development Authorities

Page 710

Law, approved March 28, 1969 (Ga. L. 1969, p. 137), as amended by an Act approved March 19, 1971 (Ga. L. 1971, p. 177), is hereby further amended by striking in its entirety subsection (e) of section 1 of said Act, as amended, and inserting in lieu thereof the following language: (e) The word `project' shall include: (1) Any one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping and facilities for outdoor storage, all as determined by the Authority, which determination shall be final and not subject to review. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, but none of the improvements described in this sentence shall be the primary purpose of any project. Project defined. (2) The acquisition, construction, leasing or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities located or to be located within the area of operation of the Authority. (3) The acquisition, construction, improvement or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located within the area of operation of the Authority. (4) The acquisition, construction, improvement or modification of any property, real or personal, used as air or water

Page 711

pollution control facilities which any federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same is to serve and is necessary for the public welfare. For the purposes hereof, the term `air pollution control facility' shall mean any property used, in whole or in substantial part, to abate or control atmospheric pollution or contamination by removing, altering, disposing or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable federal, State or local standards for abatement or control of atmospheric pollutants or contaminants. For the purpose hereof, the term `water pollution control facility' shall mean any property used in whole or in substantial part, to abate or control water pollution or contamination by removing, altering, disposing or storing pollutants, contaminants, wastes or heat, including the necessary intercepting sewers, outfall sewers, pumping, power and other equipment, holding ponds, lagoons and appurtenances thereto, if such facility is in the furtherance of applicable federal, State or local standards for the abatement or control of water pollution or contamination. (5) The acquisition, construction, improvement or modification of any property, real or personal, used as, or in connection with, a sewage disposal facility or a solid waste disposal facility which any federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industries which the same is to serve and is necessary for the public welfare. If such facility is to be operated by a political subdivision of this State, or agency or instrumentality thereof, for its general constitutency, said certification need only state that such facility is necessary for the public welfare. For the purposes hereof, the term `sewage disposal facility' shall mean any property used for the collection, storage, treatment, utilization, processing or final disposal of sewage. For the purposes hereof, the term `solid waste disposal facility' shall mean any property used for the collection, storage, treatment, utilization, processing or final disposal of solid waste; and the term `solid waste' shall mean garbage, refuse or other discarded solid materials, including solid-waste

Page 712

materials resulting from industrial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows; the word `garbage' shall include putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial by-products, but excluding sewage and human wastes; and the word `refuse' shall include all nonputrescrible wastes. (6) 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. (7) 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, 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 transportation of persons or property by air

Page 713

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 IV-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. Section 2 . Said Act, as amended, is hereby further amended by striking in its entirety subsection (f) of section 1 of said Act, as amended, and inserting in lieu thereof the following language: (f) The term `cost of project' shall include: all costs of construction, purchase or other form of acquisition; all

Page 714

costs of real or personal property required for the purposes of such project and of all 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 franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required 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; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing, sale or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority with respect to the financing and 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 provisions of this Act. Cost of project defined. Section 3 . Said Act, as amended, is hereby further amended by striking from section 4 of said Act, as amended,

Page 715

subsections (h) through (m) in their entirety and inserting in lieu thereof the following language: (h) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide for their compensation and duties; Powers. (i) to extend credit or make loans to any person, firm, corporation or other industrial entity for the planning, design, construction, acquisition or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts and all other instruments or fees or charges, upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this section in connection with a project for such person, firm, corporation or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement or other instrument, such provisions for guaranty, insurance, construction, use, operation, maintenance and financing of a project as the Authority may deem necessary or desirable; (j) to acquire, accept or retain equitable interests, security interests or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement or other consensual transfer in order to secure the repayment of any monies loaned or credit extended by the Authority; (k) to construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority or land owned or leased by others and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from any contribution or loans by persons, firms or corporations or any other contribution, all of which the Authority is hereby authorized to received and accept and use; (l) to borrow money and issue its revenue bonds and bond anticipation notes from time to time and use the proceeds

Page 716

thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued, and to otherwise carry out the purposes of this Act and to pay all other costs of the Authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes; provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in section 6 of this Act; (m) as security for repayment of Authority obligations, to pledge, mortgage, convey, assign, hypothecate or otherwise encumber any property, real or personal, of such Authority and to execute any trust agreement, indenture or security agreement containing any provisions not in conflict with law, which trust agreement, indenture or security agreement may provide for foreclosure or forced sale of any property of the Authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in such agreement or indenture; the State of Georgia on behalf of itself and each county, municipal corporation, political subdivision or taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (n) 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; (o) to do all things necessary or convenient to carry out the powers expressly conferred by this Act. Section 4 . Said Act, as amended, is hereby further

Page 717

amended by striking in its entirety section 6 of said Act, as amended, and inserting in lieu thereof the following language: Section 6. Subject to the limitations and procedures provided by this section, the obligations of any Authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the Authority, and the Authority in such instruments may provide for the pledging of all or any part of its revenues, income or charges and for the mortgaging, encumbering or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this section, undertakings of an Authority may prescribe the procedure by which bondholders and noteholders may enforce rights against the Authority and provide for rights upon breach of any covenant, condition or obligation of the Authority, and bonds, resolutions, trust indentures, mortgages or deeds to secure obligations executed by an Authority and bond anticipation notes executed by an Authority may contain such provisions not otherwise contrary to law as the Authority shall deem necessary or desirable. (a) Use of Bond and Note Proceeds: The proceeds derived from the sale of all bonds and bond anticipation notes issued by an Authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Act, all or part of the cost of any project, including the cost of extending, financing, adding to or improving such project or for the purpose of refunding any bond anticipation notes issued in accordance with the provisions of this Act or refunding any previously issued bonds of the Authority.

Page 718

(b) Revenue Obligations: All bonds and bond anticipation notes issued by an Authority shall be revenue obligations of such Authority, and may be made payable out of any revenues or other receipts, funds or monies of the Authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds or monies. (c) Subsequent Series of Bonds or Notes: Issuance by an Authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the Authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue. (d) Bond Anticipation Notes: An Authority shall have the power and is hereby authorized, whenever revenue bonds of the Authority shall have been validated as provided in this Act, to issue, from time to time, its 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. As with its bonds, the Authority may sell such notes at public or private sale. Any resolution or resolutions 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, covenants, or conditions which

Page 719

it is authorized to include in any bonds. 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. (e) Interest Rates on Obligations of the Authority: The interest rate on or rates to be borne by any bonds, notes or other obligations issued by the Authority shall be fixed by the board of directors of the Authority and any limitations with respect to interest rates found in the Revenue Bond Law (Ga. L. 1937, pp. 761-774), or the usury laws of the State of Georgia shall not apply to obligations issued under this Act. (f) Validation and Issuance of Revenue Bonds: All revenue bonds issued by an Authority under this Act shall be issued and validated under and in accordance with the Revenue Bond Law of the State of Georgia, as heretofore and hereafter amended, except as provided in subsection (e) of this section and except as specifically set forth below in this subsection: (1) Revenue bonds issued by an Authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions, as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide; (2) Revenue bonds shall bear a certificate of validation. The signature of the Clerk of the Superior Court of the Judicial Circuit in which the issuing Authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution stating the date on which such bonds were validated and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this State; (3) In lieu of specifying the rate or rates of interest

Page 720

which revenue bonds to be issued by an Authority are to bear, the notice to district attorney or Attorney General and the notice to the public of the time, place and date of the validation hearing may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or that in the event the bonds are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained herein shall be construed as prohibiting or restricting the right of the Authority to sell such 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 such notices; (4) The term `cost of project' shall have the meaning prescribed in subsection (f) of section 1 of this Act whenever referred to in bond resolutions of an Authority, bonds and bond anticipation notes issued by an Authority, or notices and proceedings to validate such bonds. Section 5 . Said Act, as amended, is hereby further amended by striking the last two sentences from section 7 of said Act, as amended, and inserting in lieu thereof the following language: No bonds or bond anticipation notes except refunding bonds shall be issued by an Authority hereunder unless its board of directors shall adopt a resolution finding that the project for which such bonds or notes are to be issued will promote the foregoing objectives and will increase or maintain employment in the territorial area of such Authority. Notwithstanding the foregoing requirement, bonds or bond anticipation notes may be issued to finance projects for air and water pollution control facilities and for sewage and solid waste disposal facilities as provided in this Act without a finding that the project will increase or maintain employment so long as the appropriate certification described in this Act shall have been secured from the federal, State or local agency having jurisdiction in the premises.

Page 721

Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT AMENDED. No. 1090 (Senate Bill No. 408). An Act to amend The Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. L. 1967, p. 659), as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1088), an Act approved February 26, 1970 (Ga. L. 1970, p. 98), an Act approved April 5, 1971 (Ga. L. 1971, p. 560), and an Act approved March 27, 1972 (Ga. L. 1972, p. 432), so as to amend the definitions of services, retail seller or seller, retail installment contract or contract, and revolving account or account; to provide that a security interest shall not be taken with respect to certain goods; to provide for the application of payments and the priority of release of goods from any security interest taken pursuant to a retail installment contract or revolving account; 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 Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. L. 1967, p. 659), as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1088), an Act approved February 26, 1970 (Ga. L. 1970, p. 98), an Act approved April 5, 1971 (Ga. L. 1971, p. 560), and an Act approved March 27, 1972 (Ga. L. 1972,

Page 722

p. 432), is hereby amended by deleting in their entirety paragraphs (3), (5), (7) and (8) of subsection 2(a) and substituting in lieu thereof the following: (3). `Services' means (a) work, labor or other personal services, furnished for personal, family or household use, whether or not furnished in connection with the delivery, installation, servicing, repair or improvement of goods, and includes such work, labor or personal services furnished in connection with the modernization, rehabilitation, repair, alteration, improvement or construction upon or in connection with real property, (b) privileges with respect to transportation, hotel and restaurant accommodations, education, entertainment, recreation and the like, and (c) insurance provided in connection with a retail installment transaction. Definitions. (5) `Retail seller' or `seller' means a person regularly engaged in, and whose business consists to a substantial extent of, selling goods to a retail buyer. The term also includes a seller who regularly grants credit to retail buyers for the purpose of purchasing goods or services from any other person pursuant to a retail installment contract or a revolving charge account. (7) `Retail installment contract' or `contract' means an instrument or instruments reflecting one or more retail installment transactions entered into in this State pursuant to which goods or services may be paid for in installments. The term includes a series of transactions made pursuant to an instrument or instruments providing for the addition of the amount financed plus the time price differential for the current sale to an existing balance. It does not include a revolving account or an instrument reflecting a sale pursuant thereto. (8) `Revolving account' or `account' means an instrument or instruments prescribing the terms of retail installment transactions which may be made thereafter from time to time pursuant thereto, under which the buyer's total unpaid balance, whenever incurred, is payable in installments over

Page 723

a period of time and under the terms of which a time price differential or finance charge is to be computed in relation to the buyer's balance from time to time. Section 2 . Any security interest taken pursuant to a retail installment contract or revolving account shall not be taken with respect to clothing, softwares, and other nondurable items, and each payment with respect to a revolving account shall be applied to goods and services as follows: first to unpaid time price differential or finance charge; then, as to goods purchased on different dates, the first purchased shall be deemed first paid for, as to goods purchased on the same date, the lowest priced shall be deemed first paid for. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. CONVEYANCE OF LAND TO CITY OF WASHINGTON AUTHORIZED. No. 109 (Senate Resolution No. 324). A Resolution. Authorizing the conveyance of certain State-owned real property located within Wilkes County to the City of Washington; authorizing the sale and transfer of certain State-owned surplus personal property to the City of Washington; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Wilkes County, Georgia, and commonly known as the Washington-Wilkes Museum; and

Page 724

Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 1.0 acres, more or less, and is more particularly described as follows: That certain tract or parcel of land known as the Washington-Wilkes Museum property, located in the City of Washington, Wilkes County, Georgia, at the intersection of East Robert Toombs Avenue with Grove Street, and being the same land described in deed of conveyance from the City of Washington to the State of Georgia by indenture dated May 28, 1958, recorded in Deed Book A73, Page 523, Wilkes County Registry, and as more fully shown on a plat of survey by Erskine B. Wickersham, dated January 22, 1958.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of the Washington-Wilkes Museum, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the City of Washington is desirous of obtaining all of said real property and certain of the personal property located thereon for park, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the City of Washington for a consideration to be mutually

Page 725

agreed upon by the State Department of Natural Resources and the City of Washington; and (2) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (3) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to the City of Washington, that certain personal property used in the operation and maintenance of the Washington-Wilkes Museum, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations; (1) that said personal property shall be sold and transferred to the City of Washington for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances; (2) that said personal property shall be transferred to the City of Washington subject to the conditions that (a) such property shall not be resold by the City of Washington within one year after such transfer without the written consent of the State Department of Administrative Services, and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property

Page 726

shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved March 24, 1976. SECONDARY SECURITY DEEDINTEREST DEFINITION CLARIFIED. No. 1091 (Senate Bill No. 439). 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), an Act approved April 8, 1968 (Ga. L. 1968, p. 1086), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1114), so as to clarify the definition of Rate of Charge; to change the penalties for violations of the Act; 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), an Act approved April 8, 1968 (Ga. L. 1968, p. 1086), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1114), is hereby amended by striking subsection (a) of section 2 in its entirety and by inserting in lieu thereof a new subsection (a) of section 2, to read as follows: (a) The `rate of charge', as used in this Act, shall be construed as a fee and service charge of the lender which may be charged, taken, received and retained by the lender, whether or not paid by the lender, in whole or in any part, to others, in lieu of any separate charge for any type of

Page 727

compensation, consideration or expense, or for any other purpose whatsoever, arising in respect of the loan, except those permitted in subsections (b), (c) and (d) of this section 2, including by whatsoever name called, but not by way of limitation, title searches, title reports, title opinions, title guarantees, credit reports, investigation cost, preparation of instruments, placement or discount fees, brokerage fees, recordings, appraisals, insurance of any nature except as provided in subsection (b) of this section 2, and closing costs, but said `rate of charge' shall not be construed as an interest charge or as including interest, and interest may be charged in addition thereto upon the principal amount of the loan as defined herein at any rate authorized in this Act. Section 2 . Said Act is further amended by striking subsection (a) of section 3 in its entirety and by inserting in lieu thereof a new subsection (a) of section 3, to read as follows: (a) If any loan secured by a secondary security deed on real estate is made in violation of the provisions of this Act: (i) by the contracting for, charging, receiving or collecting any charge in excess of those expressly allowed by this Act, except as a result of a bona fide error, the lender shall forfeit the entire principal amount of the loan plus interest and other charges. In addition thereto, the lender shall also refund any payment on the loan which have been made by the borrower. (ii) when the violation is other than those violations set out in paragraph (i) of section 3 (a) above, and is not a result of a bona fide error, the lender shall forfeit the entire interest so charged or taken, or contracted to be reserved, charged or taken. No further penalty or forfeiture shall be occasioned, suffered or allowed. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976.

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STATE DEPOSITORY BOARDMEETINGS CHANGED. Code Chapter 100-1 Amended. No. 1092 (Senate Bill No. 441). An Act to amend Code Chapter 100-1, relating to State Depositories, as amended, so as to change the frequency of meetings of the State Depository Board from at least once each thirty days to at least once every ninety days; to change certain titles; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 100-1, relating to State Depositories, as amended, is hereby amended by striking the first sentence of subection (a) of Code section 100-101.1, relating to proceedings of the State Depository Board, in its entirety, which reads as follows: The Board shall meet at least once each thirty days., and inserting in lieu thereof, the following sentence: The Board shall meet at least once every ninety days., and by striking the following: Senate Banking and Finance Committee, and substituting in lieu thereof, the following: Senate Banking, Finance and Insurance Committee, so that when so amended, subsection (a) of Code section 100-101.1 shall read as follows: (a) The Board shall meet at least once every ninety days. The records and proceedings of the Board shall be available for inspection by each member of the General Assembly. At the end of each quarter, the Board shall furnish

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to the Chairman of the Senate and House Appropriations Committees, the Chairman of the Senate Banking, Finance and Insurance Committee and the Chairman of the House Banks and Banking Committee a list of all State time deposits, indicating the amount in each depository, the rates of interests contracted on such deposits, and the physical location of the 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 March 24, 1976. SUPERIOR COURT CLERKS RETIREMENT ACT AMENDED. No. 1093 (Senate Bill No. 452). An Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 202), and an Act approved March 26, 1968 (Ga. L. 1968, p. 420), and an Act approved March 23, 1972 (Ga. L. 1972, p. 352), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1183), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1188), so as to change the amount of each fine or forfeited bond to be paid into the fund; to change the provisions relative to retirement benefits for superior court clerks and their spouses who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 202), and an Act approved March 26, 1968 (Ga. L. 1968, p. 420), and an Act approved March 23, 1972 (Ga. L. 1972, p. 352), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1183), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1188), is hereby amended by striking from section 8 the following: $1.50, and inserting in lieu thereof the following: $1.75, so that when so amended section 8 shall read as follows: Section 8. In all criminal and quasi-criminal cases for violating State statutes tried in any court in Georgia of which the clerk of the superior court is clerk, wherein a fine is collected in an amount of $5.00 or more, or wherein a bond is forfeited in said amount, the sum of $1.75 for each such case each year shall be paid to the board quarterly, or at such time as the board may provide, by the collecting authority. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board, and such records may be audited by the board at any time. The sums remitted to the board under this section shall be used for the purposes provided for in this Act. Provided, however, in all counties having a population of more than 500,000 according to the United States Decennial Census of 1960 or any future such census, where the compensation of the clerk is on a salary basis, the provisions of this section shall not apply. When any person or authority, whose duty it is to collect and remit monies to the fund under this section shall fail to remit such monies within 60 days of the date they are

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required to be remitted, the same shall be delinquent and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of five percent (5%) of said principal amount per month for each month during which the funds continue to be delinquent, not to exceed twenty-five percent (25%). There shall be added to the principal amount of funds which are delinquent, interest at the rate of six percent (6%) per annum from the date said funds became delinquent until the same are paid. After April 1, 1966, all funds which have not been paid until the fund within 60 days of the due date shall be delinquent. By affirmative vote of all members, the board, upon the payment of the delinquent funds together with interest and for good cause shown, may waive the specific penalty provided for in this section. Section 2 . Said Act is further amended by striking the symbols and figure $250.00 in subsection (a) of section 9 and inserting in lieu thereof the symbols and figure $300.00, so that, when so amended, subsection (a) of section 9 shall read as follows: (a) In order to be eligible to receive the retirement benefits provided for in this Act, a clerk of the superior court must have served twenty years, and at least twelve years of such service must have been as clerk of the superior court, and four years must have been served continuously as clerk of a superior court, immediately preceding retirement. Subject to the restrictions set out herein, a clerk, in computing such service, may include service as a deputy clerk of the superior court and may include not more than four years of service as a member of the armed forces of the United States served on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided no service as a member of the armed forces of the United States shall be deemed as service as a clerk or as a deputy clerk of the superior court hereunder if such service has or will be used in the determination of any clerk's or deputy clerk's eligibility for retirement benefits or allowances from any other State or Federal retirement

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program, excluding social security. No person shall be eligible for the retirement benefits provided herein unless he has paid into the fund the amount provided for in this Act for the four years' service immediately preceding his retirement. Any clerk who is approved for the purpose of receiving retirement benefits shall be paid a monthly amount equal to two-thirds of his salary based upon his last four years of service as clerk immediately preceding his retirement, or the sum of $300.00 per month, whichever is the smaller sum. No person shall receive credit for any service performed after the effective date of this Act unless payment for the period covered by such service has been made to the board as provided for in this Act. No person shall be eligible for benefits provided herein until his official duties shall have terminated, and unless he shall file application for benefits within ninety days, or as soon thereafter as possible from the time of the termination of his official duties. Section 3 . Said Act is further amended by striking the symbols and figure $240.00 in section 9B and inserting in lieu thereof the symbols and figure $300.00, so that, when so amended, section 9B shall read as follows: Section 9B. Notwithstanding any other provisions of this Act to the contrary, a clerk may retire after completing 16 years of creditable service as provided for above, provided he or she shall become totally and permanently disabled, after having commenced their service as a clerk, and shall be entitled to receive retirement benefits in the amount of 2/3 of his average monthly income for the last 4 years of service as a clerk, or $300.00 per month, whichever is the smaller sum. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the Board of Commissioners. Section 4 . Said Act is further amended by striking the symbols and figure $192.00 in section 10A and inserting in lieu thereof the symbols and figure $240.00, so that, when so amended, section 10A shall read as follows: Section 10A. A clerk of the superior court, if otherwise

Page 733

eligible, may receive the retirement benefits provided for hereinafter if he has served sixteen years, at least eight years of which has been served continuously as clerk immediately preceding retirement. No other type service shall be counted except service as a deputy clerk of the superior court. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid a monthly amount equal to 53[UNK]% of his salary based upon his last four years of service as clerk immediately preceding his retirement or the sum of $240.00 per month, whichever is the smaller sum. Section 5 . Said Act is further amended by striking the symbols and figure $144.00 in section 10B and inserting in lieu thereof the symbols and figure $180.00, so that, when so amended, section 10B shall read as follows: Section 10B. A clerk of the superior court, if otherwise eligible, may receive the retirement benefits provided for hereinafter if he has served twelve years, at least eight years of which have been served as a clerk. The four years immediately preceding retirement must have been served as a clerk. No other type service shall be counted except service as a deputy clerk of the superior court. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid a monthly amount equal to 40% of his salary based upon his last four years of service as a clerk immediately preceding his retirement, or the sum of $180.00 per month, whichever is the smaller sum. Benefits will not begin until the clerk has reached at least 55 years of age. Section 6 . Said Act is further amended by striking, in its entirety, section 10C, which reads as follows: Section 10C. Any other provisions of this Act to the contrary notwithstanding, from and after the effective date of this section, all clerks of the superior courts of Georgia who retire in the future pursuant to the provisions of the Superior Court Clerks' Retirement Fund of Georgia, for whatever reason, shall be entitled to an increase in retirement benefits of twenty percent (20%) above that amount

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currently provided by existing law. All clerks of the superior courts of Georgia who are already retired pursuant to the provisions of the Superior Court Clerks' Retirement Fund of Georgia, or who have ceased their service as a clerk and are waiting to attain retirement age, shall be entitled to an increase in retirement benefits of twenty percent (20%) above the amount to which they were entitled upon their retirement or cessation of service as a clerk. This twenty percent (20%) increase shall also be used in the computation of any retirement benefits allowed a widow or widower of a deceased clerk pursuant to the terms of the Act., and inserting in lieu thereof a new Section 10C, to read as follows: Section 10C. Any other provisions of this Act to the contrary notwithstanding, from and after the effective date of this section, all clerks of the superior courts of Georgia who are already retired pursuant to the provisions of the Superior Court Clerks' Retirement Fund of Georgia, or who have ceased their service as a clerk and are waiting to attain retirement age, shall be entitled to an increase in retirement benefits of twenty-five percent (25%) above the amount to which they are entitled prior to the original enactment of section 10C. Section 7 . Said Act is further amended by adding a new section following section 10C, to be known as section 10D, to read as follows: Section 10D. The increases in retirement benefits provided by this Act shall also be used in the computation of any retirement benefits allowed a widow or widower of a deceased clerk pursuant to the terms of the Act. Section 8 . Said Act is further amended by adding a new section following section 10D, to be known as section 10E, to read as follows: Section 10E. Any other provisions of this Act to the contrary notwithstanding, from and after the effective date of this section, all clerks of the superior courts of Georgia who retire in the future pursuant to the provisions of the

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Superior Court Clerks' Retirement Fund of Georgia, for whatever reason with between twelve (12) and sixteen (16) years of service, or with between sixteen (16) and twenty (20) years of service, shall be entitled to an incremental retirement benefit based on the ratio that the number of total years served bears to the last attained plateau of retirement benefits service under either section 10A or section 10B of this Act, whichever is applicable. For example, the following table is illustrative of the additional benefits computation under this Section: A Clerk Retiring With: Shall Receive: 13 years of service 13/12ths of the benefits provided in Section 10B of this Act 14 years of service 14/12ths of the benefits provided in Section 10B of this Act 15 years of service 15/12ths of the benefits provided in Section 10B of this Act 17 years of service 17/16ths of the benefits provided in Section 10A of this Act 18 years of service 18/16ths of the benefits provided in Section 10A of this Act 19 years of service 19/16ths of the benefits provided in Section 10A of this Act. Clerks who are eligible to retire after having served twenty (20) years, but do not retire and continue to serve as clerks, are eligible for the additional benefits already provided by section 9(b) of this Act. Section 9 . Said Act is further amended by adding a new section following section 10E, to be known as section 10F, to read as follows:

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Section 10F. Any other provision of this Act to the contrary notwithstanding, each member who retired prior to April 1, 1976, and each spouse of a deceased member who retired prior to April 1, 1976, shall receive benefits under this Act in the same amount as a member having the same number of years of service would receive if such member retires on April 1, 1976. The provisions of this section shall not reduce the amount of any benefits which a retired member or the spouse of a deceased member is receiving on March 31, 1976. The increased benefits provided by this section shall be paid to retired members and spouses of deceased members effective on April 1, 1976. Section 10 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 11 . This Act shall become effective on April 1, 1976. Effective date. Section 12 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. CONVEYANCE OF LAND TO CITY OF ROYSTON AUTHORIZED. No. 110 (Senate Resolution No. 329). A Resolution. Authorizing the conveyance of certain State-owned real

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property located within Franklin County to the City of Royston; authorizing the sale and transfer of certain State-owned surplus personal property to the City of Royston; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Franklin County, Georgia, and commonly known as the Ty Cobb Baseball Memorial; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 2.59 acres, more or less, and is more particularly described as follows: That certain tract or parcel of land with improvements thereon known as the Ty Cobb Baseball Memorial property, located in the 370th District G.M., in the City of Royston, Franklin County, Georgia, on Franklin Springs Circle, and being the same property described in the deed of conveyance from the City of Royston to the Ty Cobb Baseball Memorial Commission by indenture dated May 6, 1963, of record in Deed Book 155, Page 221, Franklin County Registry, and containing 2.59 acres, more or less.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of the Ty Cobb Baseball Memorial, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the City of Royston is desirous of obtaining all of said real property and certain of the personal property located thereon for park, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its

Page 738

Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the City of Royston for a consideration to be mutually agreed upon by the State Department of Natural Resources and the County of Franklin; and (2) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (3) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument of the City of Royston, that certain personal property used in the operation and maintenance of the Ty Cobb Baseball Memorial, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations: (1) that said personal property shall be sold and transferred to the City of Royston for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances; (2) that said personal property shall be transferred to the City of Royston subject to the conditions that (a) such property shall not be resold by the City of Royston within one year after such transfer without the written consent of the State Department of Administrative Services,

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and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved March 24, 1976. CODE REVISION STUDY COMMITTEE CREATED. No. 111 (House Resolution No. 611-1668). A Resolution. Creating the Code Revision Study Committee; and for other purposes. Whereas, an official Code of Georgia has not been adopted since 1933, and since that time thousands of bills have been passed by the General Assembly and signed into law by the Governor; and Whereas, it has become impossible to ascertain with any degree of certainty exactly what the law is on any given subject without a great deal of research and time and effort; and Whereas, while the Annotated Code of Georgia seeks to codify the law from the Acts passed by the General Assembly, it is nevertheless an unofficial codification and cannot be used as an official Code; and Whereas, a study needs to be made as to whether the adoption of a new official Code would be advisable, and the General Assembly is in need of information on statistics,

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cost figures, and other data in order to determine intelligently whether a complete code revision should be undertaken. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Code Revision Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker, five members of the Senate to be appointed by the President and five members of the State Bar of Georgia to be appointed by the President of the State Bar. The members appointed by the President of the State Bar shall include one Superior Court Judge and one District Attorney. The Committee shall conduct a thorough study of the subject of code revision, including the need therefor, the time involved, the cost thereof, and all other matters relative thereto. The Committee is authorized to seek the advice and assistance of the Office of Legislative Counsel, the Attorney General's office, the law schools of the State, and such others it thinks might assist it in its deliberations. The legislative members of the Committee shall receive the allowances authorized by law for legislative members of interim legislative committees. The Committee shall hold an organizational meeting within 60 days after this Resolution becomes effective for the purpose of electing a chairman and such other officers as it deems advisable and to adopt procedures for its operation. A date, time and place for such first meeting shall be set by the Speaker of the House of Representatives and the President of the Senate. The funds necessary to carry out the provisions of this Resolution shall come from the funds provided for the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations on or before December 31, 1976, on which date the Committee shall stand abolished. The provisions of this Resolution shall become effective upon the approval of the Governor or upon its becoming law without his approval. Approved March 24, 1976.

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EVIDENCERAPE PROVISIONS CHANGED. Code Chapter 38-2 Amended. No. 1094 (Senate Bill No. 458). An Act to amend Code Chapter 38-2, relating to the admission of evidence, as amended, so as to make inadmissible certain evidence in a prosecution for rape which relates to past sexual behavior; to provide procedures for determining if such evidence is admissible or inadmissible; to authorize the introduction of certain such evidence; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 38-2, relating to the admission of evidence, as amended, is hereby amended by adding following Code section 38-202, a new Code section to be designated Code section 38-202.1, to read as follows: 38-202.1. Matters not relevant in prosecution for rape. In any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses except as provided in this section. For the purposes of this section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity or sexual mores contrary to the community standards. (a) In any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court, following the procedure described in paragraph (b), finds that the said past sexual behavior directly involved the participation of the accused or finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the complaining witness consented to the conduct complained of.

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(b) The procedure for introducing evidence as described in paragraph (a) shall be as follows: (1) At the time the defense shall seek to introduce evidence which would be covered by subsection (a), the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine into the defendant's offer of proof. (2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under paragraph (a), the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced. (3) The defense may then introduce evidence pursuant to the order of the court. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. MUTUAL AID RESOURCES PACT ACT. No. 1095 (Senate Bill No. 475). An Act to provide for the public safety and welfare by authorizing participation by Federal, State, local governmental, private paid, industrial, and/or volunteer fire departments to enter into mutual aid agreements among themselves and/or other agencies; authorizing cooperation by the participating governing bodies of these departments; defines jurisdiction for the purposes of this Act; states purpose, responsibility, and authority of a Mutual Aid Resource Pact; provides for the creation of Mutual Aid Resources Pacts; states limitations of liability for member jurisdictions and the Mutual Aid Resource Pact; provides for financial assistance to Mutual Aid Resource

Page 743

Pact; provides for the joining and withdrawal of members; provides for establishing Mutual Aid Resource Pact Districts; provides for the future merging of Mutual Aid Resource Pact Districts; provides for enforcement and penalties of this Act; provides for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Whenever five or more jurisdictions, as defined by this Act, within or adjacent to this State, authorize by written resolution their respective fire departments to render aid and assistance in the extinguishment of fires or other immediate response emergencies outside of thier respective jurisdictions, they may, if they so desire, form a district mutual aid system or M.A.R.P. (Mutual Aid Resource Pact) which shall be a public corporation. It is the primary intent that such system or pact be established for fire emergencies, however, due to the diverse emergency services expected of fire departments mutual aid systems or pacts may include responses for any form of immediate response emergency as specified by members of the system or pact. Members of fire departments of member jurisdictions shall be considered as officers of a public municipal corporation and shall enjoy the privileges, rights, exemptions, immunities, and duties of such, and this shall apply to paid, volunteer or private members when responding to or returning from rendering aid in an emergency under a mutual aid system or a Mutual Aid Resource Pact. The designation M.A.R.P., meaning Mutual Aid Resource Pact, shall be used throughout the remaining text and such shall have the same meaning as a Mutual Aid System. Section 2. Definition . For the purposes of this Act, the term jurisdiction is defined as a Federal agency, state agency, local governmental subdivision of this State, or industrial or private organizations which have established fire fighting departments that are responsible for fire protection services within the area under the control, supervision and/or management of the specific jurisdiction. A jurisdiction may be one of the following, but is not limited to the following: towns, cities, counties outside corporate

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limits, industrial complexes, specific fire protection areas, military bases, private fire departments, volunteer fire departments, etc. Section 3. Purpose, Responsibility, Authority . It shall be the primary purpose of a M.A.R.P. to coordinate the emergency fire services of all jurisdictions belonging to it so as to provide better and more efficient and effective cooperation in the protection of life and property from fires or other immediate response emergencies within the area served by the M.A.R.P. Any M.A.R.P. established under authority of this Act is charged with the responsibility of establishing an overall plan or plans for carrying out the intended purpose and other provisions of the Act. No. M.A.R.P. may be established unless it complies with the provisions of this Act. Within the limits of funds available to it, the M.A.R.P. may acquire and operate property and equipment, including but not limited to a dispatch center and a communications center, and it may extend the advantages of group purchasing and benefits to jurisdictions that are members of the M.A.R.P. Member jurisdictions shall adopt the training programs of the Georgia Fire Academy in order to insure a basic standardization of operations and philosophy, and this requirement shall not be construed as limiting the training practices or requirement of any jurisdiction as it is intended that the programs of the Georgia Fire Academy be used to supplement the training practices and requirements of member jurisdictions. The M.A.R.P. shall cooperate with other state and Federal agencies and with civil defense authorities on all levels. The State Fire Marshal may render advice, recommendations and assistance to a M.A.R.P., upon request. Members of a M.A.R.P. shall cooperate with the State Fire Marshal on matters relating to fire investigations and the enforcement of the arson statutes of the State. Section 4. Creation of a Mutual Aid Resources Pact . When five or more jurisdictions desire to establish a M.A.R.P., each jurisdiction shall designate its Fire Chief or person or position in charge of its fire department to act for that jurisdiction on all matters relating to the activities and functions of the M.A.R.P., once it has been established. The jurisdiction shall designate the person or position and

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its intent to be a member of a M.A.R.P. by a written resolution. The resolutions shall be forwarded to the State Fire Marshal. Upon receipt of at least five resolutions, the State Fire Marshal, or his authorized representative, shall call the first organizational meeting of the system by giving notice to all persons designated by the resolutions to act for potential member jurisdictions. Each jurisdiction shall send its designated person or his authorized representative to the organizational and subsequent meetings and such person shall be entitled to one vote in all proceedings. At the organizational meeting, the M.A.R.P. members shall adopt articles of association and bylaws and regulations for the future government and operation of the M.A.R.P., which shall be effective upon submission to and approval by the State Attorney General who shall cause the same to be promptly recorded by the Secretary of State. Such recording shall formally establish the M.A.R.P. At the organizational meeting, the member delegates shall also elect a board of directors consisting of such members as may be determined by the organization delegates. The Board of Directors shall serve for one year or until their successors are elected and qualified; provided that at the organizational or any subsequent meeting, the member delegates may vote to allow for staggered terms for all members of the Board of Directors, the length of which shall not exceed five years or until the Director's successor is elected and qualified. The Directors shall choose from their number the officers of the M.A.R.P., who shall have such duties and powers as the bylaws allow. Within the limits of funds available to it, the Board of Directors may employ and fix compensation of agents and other personnel the Board deems necessary to carry out the coordinating functions and other responsibilities of the system. Such personnel would include a non-tactical coordinator, who shall serve at the pleasure of the Board and who shall have and exercise such powers and authority as the Board may delegate to him. Section 5. Limitations of Liability . There shall be no liability imposed by law on a M.A.R.P. or any member jurisdiction or its personnel for failure to respond for the purpose of extinguishing or controlling any fire or other immediate

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response emergency. This immunity is not exclusive of other similar immunities granted by statute or common law. Any firefighter or other person who is an employee or member of a jurisdiction of a M.A.R.P., while engaged in a duty or activity in connection with the provisions of this Act, or pursuant to orders or instructions of his superiors, shall be entitled to all rights, privileges, exemptions, and immunities as if such duty or activity were performed within that firefighter's or other person's home jurisdiction. The loss of men or equipment, while in operation under a M.A.R.P. agreement, shall be borne as if the loss occurred in the man's or equipment's home jurisdiction. Section 6. Financial Assistance . Jurisdictions belonging to a M.A.R.P. may raise and appropriate money for the purpose of implementing and operating the M.A.R.P. The M.A.R.P. may receive, hold and use gifts, bequests and devices, either outright or in trust, for purposes consistent with this Act. A M.A.R.P. may enter into agreements with appropriate State and Federal agencies to participate in programs which make assistance available to local fire departments as provided by but not limited to Law 92-149. Section 7. Joining and Withdrawal . Following the initial establishment of a M.A.R.P., in accordance with procedures established in the bylaws of the M.A.R.P., jurisdictions which do not have fire departments may join an established M.A.R.P. upon meeting such conditions as the Board of Directors may fix. A member jurisdiction may withdraw from a M.A.R.P. after a vote of its governing body and within not less than ninety (90) days after delivering written notice to an officer of the M.A.R.P. In the event the withdrawal of one or more jurisdictions reduces the number of members to less than five, it is intended that the remaining members should continue with the operation of the M.A.R.P. Section 8. Establishing Mutual Aid Resource Pact Districts . M.A.R.P. districts shall be established along the boundaries of counties in which member jurisdictions of a M.A.R.P. are located. In the event a non-member jurisdiction is located within the boundaries of an established M.A.R.P., it must become a part of that M.A.R.P. in the event it desires

Page 747

to participate in mutual aid activities. In the event a county or counties without member jurisdictions are encircled by counties having members of a common M.A.R.P., the jurisdictions in such county or counties must join the M.A.R.P. should they desire to participate in mutual aid activities. In the event a county which has no member jurisdictions and said county borders with counties having members of different M.A.R.P.'s, then jurisdictions within said county that desire to participate in mutual aid activities must (1) join with one of the bordering M.A.R.P. counties, in that jurisdictions in the same county shall not be permitted to become members of different M.A.R.P.'s, or (2) the jurisdictions may organize a M.A.R.P., provided five or more jurisdictions are involved as set forth in section 1 of this Act. Section 9. Merging of Mutual Aid Resource Pact Districts . Should the member jurisdictions of one or more M.A.R.P. districts desire to merge with another district, such may be accomplished in keeping with the intent of section 8 of this Act and as agreed by the Board of Directors of the concerned M.A.R.P.'s. Further, nothing herein shall be construed as prohibiting communication or cooperation among various M.A.R.P. districts. The Boards of Directors of various M.A.R.P. districts are encouraged to work up agreements for emergency responses across district lines to fringe areas in the event of emergency and to establish communications to aid in solving problems common to the districts. Section 10. Enforcement and Penalties . Persons or members of governing bodies of jurisdictions violating the requirements of this Act may be prosecuted by the Attorney General of this State and, upon conviction by a court of competent jurisdiction, shall be guilty of a misdemeanor, and shall be punished as for a misdemeanor. Section 11. Effective Date . This Act shall become effective on July 4, 1976, and allows existing M.A.R.P.'s to continue to operate under their articles of incorporation or organizational policy.

Page 748

Section 12. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. GEORGIA COUNCIL FOR THE ARTS AND HUMANITIES CREATED. No. 1096 (Senate Bill No. 482). An Act to create the Georgia Council for the Arts and Humanities; to provide legislative findings and a declaration of policy; to provide for the appointment, terms, expenses and removal of members of the council; to provide for meetings and officers of the council; to provide the powers and duties of the council; to provide for an annual report; to provide the powers and authority of the Office of Planning and Budget under this Act; to provide for personnel for the council; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Legislative Findings and Declaration of Policy . The General Assembly finds that the general welfare of the people of the State of Georgia will be promoted by giving recognition to the arts and humanities as a vital part of our culture and heritage; that with increasing leisure time, the practice and enjoyment of the arts and the humanities are of increasing importance; and that many of our citizens lack the opportunity to view, enjoy or participate in live theatrical performances, filmmaking, photography, music, opera and dance performances, art exhibits, examples of fine architecture, the humanities, and the performing and visual arts. The General Assembly finds that many of our citizens possess talents of an artistic and creative nature which are not currently utilized to the fullest extent, that broadened activity in the arts and humanities will increase employment in the State by encouraging additional cultural activity throughout the State, thus utilizing the talents and

Page 749

abilities of many more citizens, and that the standards of aristic performance will be further improved by continuing encouragement and support. The General Assembly, therefore, declares it to be the public policy of this State to encourage the development of the humanities and the arts. Section 2. Georgia Council for the Arts and Humanities Created . There is hereby created an arts and humanities council to be known as the Georgia Council for the Arts and Humanities hereinafter referred to as the council, the purpose of which is to supplant the present Georgia Commission on the Arts created by Executive Order. Section 3. Provisions Relative to the Council . (a) The council shall consist of 24 members, to be appointed by the Governor from among the citizens of Georgia who have demonstrated an interest in the arts and humanities. The term of office of each member shall be three years, provided, however, that, of the members first appointed, eight shall be appointed for terms of one year, eight for terms of two years, and eight for terms of three years. Vacancies shall be filled for the unexpired term in the same manner as the original appointment. Membership on the council shall be limited to two successive terms, provided, a member may be reappointed after a lapse of one year. (b) Members shall be entitled to reimbursement for expenses incurred in the work of the council when authorized in advance by the Director of the Office of Planning and Budget. (c) Active and continuing participation by members of the council is needed. Any member who fails to attend three regularly scheduled, consecutive meetings may be removed by the council. (d) A chairman shall be appointed annually by the Governor for a term ending on June 30th of the year following such appointment. (e) The council shall meet annually, or more often on the call of the chairman.

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Section 4. Powers and Duties of the Council . The council shall advise the Governor through the Office of Planning and Budget concerning methods and programs to: (1) stimulate and encourage the study and development of the arts and humanities as well as public interest and participation therein; (2) encourage public interest in the cultural heritage of our State; (3) expand the State's cultural resources; (4) encourage and assist freedom of artistic expression essential for the well-being of the arts and humanities; (5) assist the communities and organizations within the State in originating and creating their own cultural and artistic programs; and (6) survey public and private institutions engaged within the State in cultural activities, including, but not limited to, architecture, dance, folk arts and allied arts and crafts, humanities, literature, music, painting, photography, sculpture and theatre. Section 5. Annual Report . The council shall submit an annual report to the Governor concerning the appropriate methods to encourage participation in and appreciation of the arts and humanities in order to meet the legitimate needs and aspirations of persons in all parts of the State. Section 6. Powers and Authority of the Office of Planning and Budget . The Office of Planning and Budget shall have the powers and authority necessary to carry out the purposes established by this Act, including, but not limited to, the power: (1) to establish overall policy for grant awards, evaluations and programs recommended by the council; (2) to hold hearings, make and sign any agreements, and

Page 751

to do and perform any acts which may be necessary, desirable or proper to carry out the purposes of this Act; (3) to request from any department, division, board, bureau, commission or other agency of the State such reasonable assistance and data as will enable it properly to carry out its powers and duties; (4) to accept, on behalf of the State of Georgia, any federal funds granted by Act of Congress or by Executive Order for all or any of the purposes of this Act; and, upon appropriation by the General Assembly, to expend such funds for the purposes set forth in the Appropriations Act; (5) to accept any grants, gifts, donations or bequests for all or any of the purposes of this Act; (6) to propose methods to encourage private initiative in the arts and humanities; (7) to advise and consult with the Governor, the General Assembly, national foundations, and other local, State and federal departments and agencies on methods to coordinate and assist existing resources and facilities, with the purpose of fostering artistic and cultural endeavors generally. Section 7. Personnel . The Director of the Office of Planning and Budget shall select and appoint such personnel as the director shall determine to be necessary to support the council and the programs undertaken pursuant to this Act. 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

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such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 9. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. STATE PURCHASING PROCEDURE ACT AMENDED. No. 1097 (Senate Bill No. 484). An Act to amend an Act providing the procedures for the purchase of supplies, materials and equipment for the various State departments' and agencies' needs, approved March 29, 1937 (Ga. L. 1937, p. 503), as amended, so as to provide that competitive bids shall not be required where the amount of the purchase is less than $100; to provide the procedures under which various State departments, agencies and instrumentalities may be authorized to make certain purchases; 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 the procedures for the purchase of supplies, materials and equipment for the various State departments' and agencies' needs, approved March 29, 1937 (Ga. L. 1937, p. 503), as amended, is hereby amended by adding at the end of section 6 the following: If the needed supplies, materials or equipment can reasonably be expected to be acquired for less than $100 and are not available on State contracts, the purchase may be effectuated without competitive bidding. Bids. The Commissioner of the Department of Administrative Services may by rule and regulation authorize the various State departments, agencies and instrumentalities to make

Page 753

purchases in their own behalf which do not exceed $500 and may provide the circumstances and conditions under which such purchases may be effected. 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 24, 1976. ADVISORY BOARD OF VETERINARY MEDICINE ACT AMENDED. No. 1098 (Senate Bill No. 486). An Act to amend an Act creating an Advisory Board of the College of Veterinary Medicine of the University of Georgia, approved March 25, 1975 (Ga. L. 1975, p. 210), so as to change the membership of the Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating an Advisory Board of the College of Veterinary Medicine of the University of Georgia, approved March 25, 1975 (Ga. L. 1975, p. 210), is hereby amended by striking from the first paragraph of section 1 the following: seven, and inserting in lieu thereof the following: eight, and by striking from said paragraph the following:

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and the Chairman of the Equine Advisory Board or his designee, and inserting in lieu thereof the following: the Chairman of the Equine Advisory Board or his designee, and the Assistant Commissioner of Agriculture for Animal Industry or his designee, so that when so amended, section 1 shall read as follows: Section 1. There is hereby created the Advisory Board of the College of Veterinary Medicine of the University of Georgia, which shall consist of eight members as follows: the President of the Georgia Cattleman's Association or his designee, the President of the Georgia Pork Producer's Association or his designee, the President of the Georgia Milk Producer's 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, the Chairman of the Equine Advisory Board or his designee and the Assistant Commissioner of Agriculture for Animal Industry or his designee. 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 24, 1976. PROBATE COURT JUDGES RETIREMENT ACT AMENDED. No. 1099 (Senate Bill No. 497). An Act to amend an Act providing for retirement benefits for the Judges of the Probate Courts (formerly known as

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the Ordinaries), approved March 21, 1958 (Ga. L. 1958, p. 185), as amended, so as to provide for additional increased retirement benefits; to change the provisions relating to qualifications for participation in the Judges of the Probate Courts Retirement Fund; to change the provisions relative to applications and contributions by Judges of the Probate Courts and verified statements of earnings; to provide for retirement benefits for certain Judges of the Probate Courts and former Judges of the Probate Courts; to change the provisions relating to the Office of Secretary-Treasurer of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia; to change the provisions relating to retirement benefits for the secretary-treasurer; to change certain interest rates; to change the provisions relating to the withdrawal of funds, interest and repayment of funds where the Judge of the Probate Court dies before receiving the amount paid in, so as to change the rate of interest; 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 retirement benefits for the Judges of the Probate Courts (formerly known as the Ordinaries), approved March 21, 1958 (Ga. L. 1958, p. 185), as amended, is hereby amended by adding at the end of section 10, a new subsection (d), to read as follows: (d) Any other provision of law to the contrary notwithstanding, an additional retirement benefit shall be paid to each person who is a member on July 1, 1976, or who becomes a member on or after July 1, 1976, and to each person who has retired or becomes eligible to receive benefits prior to July 1, 1976. Such additional benefit shall be equal to ten percent of the benefit such person would otherwise be entitled to receive as calculated pursuant to the provisions of subsections (a), (b) and (c) of this section. Section 2 . Said Act is further amended by striking section 7, which reads as follows:

Page 756

Section 7. Before any person shall be eligible to participate in said retirement system, he or she must be serving as secretary-treasurer under the provisions of Section 2, or: (a) Be a duly qualified and commissioned Judge of the Probate Court of a county of the State of Georgia; (b) Make application for membership in said fund to the Board on a blank to be furnished by said Board for that purpose, giving such information, and verification and proof thereof, as may be required by said Board; (c) Have filed such application with said Board within the period of time from March 21, 1958, to January 1, 1969, if served as such Judge of the Probate Court for a period of as much as twelve (12) months during said time, or forever be barred from membership in said fund; or, (d) Notwithstanding any other provisions of this Act to the contrary, any Judge of the Probate Court who may have served as much as twelve (12) months as such prior to January 1, 1969, who failed to make application for membership in said retirement system within said period of time, may, within a twelve (12) month period from May 1, 1968, apply for and be admitted as such member. However, in such instance, such Judge of the Probate Court so applying under these circumstances shall not be entitled to credit for any time served prior to the effective date of this Act; (e) File with such application a sworn statement, setting out the length of time served as Judge of the Probate Court by the applicant since December 22, 1953, and his or her net earnings by the month during such entire period, which may be arrived at by deducting any and all sums spent for the operation of his or her office if he or she be on fee basis, but by the gross amount if he or she be on salary, provided, however, that if by either method the income of such Judge of the Probate Court for his or her services as such shall exceed twelve thousand ($12,000.00) dollars or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be not

Page 757

more than twelve thousand ($12,000.00) dollars during such year, and shall be adjusted to this figure; (f) Remit to the Board with said application, 5% of such net monthly earnings up to a total of twelve thousand ($12,000.00) dollars income for any calendar year, or an average of one thousand ($1,000.00) dollars income per month during such calendar year, but no more, as dues for said period, together with interest at a rate of 5% per annum from the end of the month in which accrued; (g) File with said Board a sworn statement as to net earnings for each month subsequent to admission as a member by the 10th of the following month, which net earnings shall be arrived at as is provided in subsection (e) hereof, provided that if the income of such Judge of the Probate Court for his or her services as such shall exceed twelve thousand ($12,000.00) dollars, or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be twelve thousand ($12,000.00) dollars per such year, and shall be adjusted to this figure at least once during such year, and; (h) Tender to the Board with each such monthly statement, 5% of such earnings for said month as monthly dues, but said monthly dues shall not average more than 5% of one thousand ($1,000.00) dollars per month during any given calendar year, or a total of 5% of twelve thousand ($12,000.00) dollars during any such calendar year, and; (i) All applications for membership, sworn statements of net earnings, remittances of dues, and all other information, facts or figures in connection with the provisions of this section are subject to being examined, audited and approved by said Board., and inserting in lieu thereof a new section 7 to read as follows: Section 7. Before any person shall be eligible to participate in said retirement system, he or she must:

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(a) (1) Be serving as secretary-treasurer of the Board of Commissioners of the Judges of the Probate Court Retirement Fund of Georgia as provided by law; or, (2) Be a duly qualified and commissioned Judge of the Probate Court of a county of the State of Georgia; (b) In the case of Judges of the Probate Courts, make application for membership in said fund to the Board on a blank to be furnished by said Board for that purpose, giving such information, and verification and proof thereof, as may be required by said Board; (c) As to Judges of the Probate Courts, make application to said Board within a period of twelve (12) months after commencing such service as a Judge of the Probate Court in order to claim and receive credit for services rendered retroactive to the date of the commencement of such service, or forever be barred from claiming or receiving any credit for any service rendered prior to the date said application is received in the Office of the Secretary-Treasurer of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia; (d) As to Judges of the Probate Court, notwithstanding any other provisions to the contrary, any Judge of the Probate Court who may have served as much as twelve (12) months as such Judge of the Probate Court of any county, but who may have failed to make application for membership in said retirement system, may apply for and be admitted as a member of said retirement system at any time, but shall not be entitled to claim or receive credit toward retirement for any time served prior to the date the application for membership is received in the Office of the Secretary-Treasurer of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia; (e) As to Judges of the Probate Courts, file with such application a sworn statement, setting out the length of time served as Judge of the Probate Court by the applicant since December 22, 1953, and his or her net earnings by the month

Page 759

during such entire period, which may be arrived at by deducting any and all sums spent for the operation of his or her office if he or she be on a fee basis, but by the gross amount if he or she be on salary, provided, however, that if by either method the income of such Judge of the Probate Court for his or her service as such shall exceed twelve thousand ($12,000.00) dollars or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be not more than twelve thousand ($12,000.00) dollars during such year, and shall be adjusted to this figure; (f) As to Judges of the Probate Courts, remit to the Board with said application, 5% of such net monthly earnings up to a total of twelve thousand ($12,000.00) dollars income for any calendar year, or an average of one thousand ($1,000.00) dollars income per month during such calendar year, but no more, as dues for said period, together with interest at a rate of 6% per annum from the end of the month in which accrued; (g) As to Judges of the Probate Courts, file with said Board a sworn statement as to net earnings for each month subsequent to admission as a member by the 10th of the following month which net earnings shall be arrived at as is provided in subsection (e) hereof, provided that if such income of such Judge of the Probate Court for his or her services as such shall exceed twelve thousand ($12,000.00) dollars, or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be twelve thousand ($12,000.00) dollars per such year, and shall be adjusted to this figure at least once during such year; (h) As to Judges of the Probate Courts, tender to the Board with such monthly statements, 5% of such earnings for said month as monthly dues, but said monthly dues shall not average more than 5% of one thousand ($1,000.00) dollars per month during any given calendar year, or a total of 5% of twelve thousand ($12,000.00) dollars during any such calendar year; and

Page 760

(i) As to Judges of the Probate Courts, all applications for membership, sworn statements of net earnings, remittances of dues, and all other information, facts or figures in connection with the provisions of this section are subject to being examined, audited and approved by said Board. Section 3 . Said Act is further amended by adding at the end of section 13 the following: Provided further, that any Judge of the Probate Court who was a regularly qualified member of said retirement system and who may have heretofore served his or her relationship as a regularly qualified and commissioned Judge of the Probate Court of a county of the State of Georgia, ceased payments of any dues into the fund whatsoever, but had not reached the retirement age required by law at the time of severance of his or her relationship as such Judge of the Probate Court, and has not qualified for or commenced drawing retirement benefits as of July 1, 1976, by reason of not having attained said retirement age then required, shall be eligible to commence drawing such retirement benefits due upon reaching the age of sixty (60) years or on July 1, 1976, whichever is later., so that when so amended section 13 shall read as follows: Section 13. No Judge of the Probate Court shall be eligible for retirement benefits provided for in this Act until he or she has reached the age of sixty (60) years. However, any other provisions of this Act to the contrary notwithstanding, any Judge of the Probate Court who has met all other requirements of this Act, except that he or she has not attained the age of sixty (60) years, may sever his or her relations as a regularly qualified and commissioned Judge of the Probate Court of a county of the State of Georgia, cease payments of any dues into said fund whatsoever and upon reaching the age of sixty (60) years and filing his or her application as is provided for in subsection (e) of section 9 as is enacted hereby, commence receiving the retirement benefits provided for in said Act. Provided further, that any Judge of the Probate Court who was a regularly qualified member of said retirement system and who may

Page 761

have heretofore served his or her relationship as a regularly qualified and commissioned Judge of the Probate Court of a county of the State of Georgia, ceased payments of any dues into the fund whatsoever, but had not reached the retirement age required by law at the time of severance of his or her relationship as such Judge of the Probate Court, and has not qualified for or commenced drawing retirement benefits as of July 1, 1976, by reason of not having attained said retirement age then required, shall be eligible to commence drawing such retirement benefits due upon reaching the age of sixty (60) years or on July 1, 1976, whichever is later. Section 4 . Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. There is hereby created the office of secretary-treasurer of said Board and the secretary-treasurer shall be elected and appointed by the Board and shall serve at the pleasure of the Board. His compensation and duties may be fixed by the Board. Notwithstanding any other provisions of this Act to the contrary, in addition to such salary as may be provided above, said secretary-treasurer shall receive credit for a sum of $600.00 per annum for time served after the effective date of said Act approved March 21, 1958, as dues in said retirement system for a period of a maximum of 20 years, and shall be paid retirement benefits upon retiring as such secretary-treasurer, or upon reaching the age of sixty (60) years, whichever may occur last, based on the rate of 2% of twelve thousand ($12,000.00) dollars for each year served as secretary-treasurer from the date of the approval of said Act on March 21, 1958, to the date of retirement up to a maximum of 20 years' service, provided a minimum of four years shall have been served as secretary-treasurer, and provided further that withdrawal of such dues by such secretary-treasurer or his estate shall be subject to the provisions of section 11 of said Act, and said secretary-treasurer may also make the election as to retirement benefits provided for in subsection (b) of section 10 of said Act

Page 762

and the exceptions provided for in section 13 of said Act, as hereby amended. Section 5 . Said Act is further amended by striking from subsection (b) of section 10, the following: three and one-half percent, and inserting in lieu thereof the following: five percent, so that when so amended, subsection (b) of Section 10 shall read as follows: (b) In lieu of receiving the retirement benefits as provided for in subsection (a) above, ordinaries may elect in writing on a form to be provided by the Board at the time he or she may become eligible to receive retirement benefits, to receive a monthly retirement benefit payable to the date of the death of the survivor, which shall be based on the ordinary's age at retirement and his spouse's age at the same time, computed so as to be actuarially equivalent to the total retirement payment which would have been paid to the ordinary under the provisions of subsection (a) above. Such actuarial equivalent to be computed on the Group Annuity Table for 1951 using 5 interest. The spouse designated at the time of the ordinary's retirement shall be the only spouse that may draw these benefits. Section 6 . Said Act is further amended by striking from subsection (b) of section 11 the following: three percent, and inserting in lieu thereof the following: five percent, so that when so amended, subsection (b) of section 11 shall read as follows:

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(b) Although retirement pay shall be based on the provisions of section 10, and nothing herein shall be construed to alter same, at the effective date of retirement, simple interest at a rate of 5% per annum shall be computed on all dues paid from the end of the calendar year in which the effective date of retirement and added to the total dues paid for the following purposes only: After all retirement benefits coming due under the provisions of section 10(a) or (b), as the case may be, have been paid, if the total thereof shall not be equal to or exceed the above total of dues and interest, the balance of such principal and interest shall be paid to the estate of the deceased ordinary. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. GENERAL ASSEMBLYVOUCHER PROVISIONS CHANGED. Code 47-107 Amended. Code 47-110 Repealed. No. 1100 (Senate Bill No. 504). 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), an Act approved March 16, 1972 (Ga. L. 1972, p. 248), and an Act approved March 20, 1975 (Ga. L. 1975, p. 155), and as changed by an Act providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. L. 1973, p. 701), so as to change the provisions relating to vouchers; to provide that members of the General Assembly shall certify that vouchers are true and correct and to make it a crime to

Page 764

certify falsely; to provide for penalties; to provide for examination and review of legislative expenditures, including vouchers; to repeal Code Section 47-110, relating to the auditing of accounts of members and officers of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 47-107, relating to the salary 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), an Act approved March 16, 1972 (Ga. L. 1972, p. 248), and an Act approved March 20, 1975 (Ga. L. 1975, p. 155), and as changed by an Act providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. L. 1973, p. 701), is hereby amended by striking in the first sentence the words: an annual, and inserting in lieu thereof the word: a; and by adding after the sentence: All such allowances shall be paid upon the submission of proper vouchers., the following: No member shall receive any expense allowance, mileage allowance or travel allowance for service as a member of any committee, board, bureau, commission or other agency as provided in this section unless such member has personally performed such service and has personally incurred the expense for mileage or travel. Each member of the General

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Assembly submitting a voucher shall certify that such member personally performed the service and personally incurred the expense for mileage or travel covered by the voucher and that the information contained on the voucher is true and correct. The voucher shall contain such a certificate for the member to sign. It shall be unlawful for any member to make such a certificate willfully, knowing it to be false, and any member convicted of making such a false certificate shall be punished by a fine of not more than $1,000.00 or by imprisonment of not less than one nor more than five years, or both. and by striking the following: , except for longevity payments,; and by adding at the end of said section the following: The Senate Rules Committee shall designate an audit subcommittee to examine and review, not less than once each two months, legislative expenditures, including all vouchers submitted by members of the Senate as provided in this section, for which the members have received payment. The subcommittee is authorized to issue reports of its examination and review. The Journals Committee of the House of Representatives shall examine and review, not less than once each two months, legislative expenditures, including all vouchers submitted by members of the House of Representatives as provided in this section, for which the members have received payment. The committee is authorized to issue reports of its examination and review.; so that when so amended Code section 47-107 shall read as follows: 47-107. Salary and allowances of members and officials . Each member of the General Assembly shall receive a salary of $7,200.00 per annum to be paid in equal monthly installments. The Speaker of the House of Representatives shall receive an additional amount of $17,800.00 per annum, the Speaker Pro Tempore of the House of Representatives shall receive an additional amount of $2,800.00 per annum, and the President Pro Tempore of the Senate shall recieve an

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additional amount of $2,800.00 per annum. 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. All of such additional amounts shall also be paid in equal monthly installments. During regular and extraordinary sessions of the General Assembly each member shall also receive the sum of $36.00 per day as an expense allowance. Each member shall also receive a mileage allowance at the rate of 10 per mile for not more than one round trip per calendar week, or portion thereof, during each regular and extraordinary session to and from their residences and the State Capitol by the most practical route. For each day's service within the State as a member of an interim committee created by or pursuant to a resolution of either or both Houses or as a member of a committee, board, bureau, commission, or other agency created by or pursuant to statute or the Constitution, such member shall receive the sum of $36.00 per day as an expense allowance and a mileage allowance at the rate of 10 per mile or a travel allowance of actual transportation costs if traveling by public carrier. Any such member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his official duties as a member of any committee, board, bureau, commission, or other agency. In the event it becomes necessary for an interim committee to rent a meeting room in the performance of the duties of the committee, the committee chairman must have prior written approval of the President of the Senate or the Speaker of the House, or both, as the case may be, depending on the composition of the committee. The expense of such rental shall be billed to the committee. For each day's service without the State as a member of any committee, board, bureau, commission, or other agency, such member shall receive actual expenses as an expense allowance, plus a mileage allowance at the rate of 10 per mile or

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a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. All such allowances shall be paid upon the submission of proper vouchers. No member shall receive any expense allowance, mileage allowance or travel allowance for service as a member of any committee, board, bureau, commission or other agency as provided in this section unless such member has personally performed such service and has personally incurred the expense for mileage or travel. Each member of the General Assembly submitting a voucher shall certify that such member personally performed the service and personally incurred the expense for mileage or travel covered by the voucher and that the information contained on the voucher is true and correct. The voucher shall contain such a certificate for the member to sign. It shall be unlawful for any member to make such a certificate willfully, knowing it to be false, and any member convicted of making such a false certificate shall be punished by a fine of not more than $1,000.00 or by imprisonment of not less than one nor more than five years, or both. No member of the General Assembly shall receive any compensation, salary, per diem, expenses, allowances, mileage, costs or any other remuneration whatsoever for service as a member of the General Assembly other than as provided in this section. The Senate Rules Committee shall designate an audit subcommittee to examine and review, not less than once each two months, legislative expenditures, including all vouchers submitted by members of the Senate as provided in this section, for which the members have received payment. The subcommittee is authorized to issue reports of its examination and review. The Journals Committee of the House of Representatives shall examine and review, not less than once each two months, legislative expenditures, including all vouchers submitted by members of the House of Representatives as provided in this section, for which the members have received payment. The committee is authorized to issue reports of its examination and review. Section 2 . Code section 47-110, relating to the auditing of accounts of members and officers of the General Assembly, is hereby repealed in its entirety. Code 47-110 repealed.

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Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. COMPULSORY SCHOOL ATTENDANCE ACT AMENDED. No. 1101 (Senate Bill No. 511). An Act to amend an Act providing for compulsory school attendance, approved March 8, 1945 (Ga. L. 1945, p. 343), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 168), an Act approved March 21, 1958 (Ga. L. 1958, p. 231), an Act approved April 25, 1969 (Ga. L. 1969, p. 682), and an Act approved March 29, 1971 (Ga. L. 1971, p. 264), so as to authorize specified persons to assume temporary custody of a child who is subject to compulsory full-time education, is away from home, and is absent from school without a valid excuse within the county, city or area school district, and to require persons assuming temporary custody of a child to report the matter and the disposition undertaken of such child to the parent or guardian, in addition to school authorities; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for compulsory school attendance, approved March 8, 1945 (Ga. L. 1945, p. 343), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 168), an Act approved March 21, 1958 (Ga. L. 1958, p. 231), an Act approved April 25, 1969 (Ga. L. 1969, p. 682), and an Act approved March 29, 1971 (Ga. L. 1971, p. 264), is hereby amended by adding, following section 9, three

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new sections, to be designated as sections 9A, 9B, and 9C, to read as follows: Section 9A. Any peace officer may assume temporary custody, during school hours, of any child subject to compulsory attendance who is found away from home and who is absent from school without lawful authority or valid written excuse from school officials within the county, independent or area school district. Section 9B. Any person assuming temporary custody of a child pursuant to the foregoing section shall forthwith deliver the child either to the parent, guardian or other person having control or charge of the child, or to the school from which the child is absent, or, if the child is found to have been adjudged a delinquent or unruly, he shall cause the child to be brought before the probation officer of the county having jurisdiction over such child. Section 9C. Any person taking action pursuant to the foregoing section shall report the matter, and the disposition made by him of the child, to the school authorities of the county, independent or area school system, and to the child's parent or guardian. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. STATE DEPOSITORY ACT AMENDED. Code 100-108 Amended. No. 1102 (Senate Bill No. 516). 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 debt obligations issued by certain federal agencies shall be accepted as collateral by

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the Director of the Fiscal Division of the Department of Administrative Services to secure State funds on deposit in State depositories; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code 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 debt obligations issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, the Central Bank for Cooperative and the Federal National Mortgage Association to secure State funds on deposit in State depositories. The Director shall also accept the guarantee of the Federal Deposit Insurance Corporation and the guarantee or insurance of accounts of the Federal Savings and Loan Insurance Corporation to secure State funds on deposit in State depositories to the extent authorized by federal law governing 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 March 24, 1976.

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GAME AND FISHCRAB PEELERS, ETC. No. 1104 (Senate Bill No. 522). 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 February 26, 1957 (Ga. L. 1957, p. 96), so as to define certain terms; to prohibit taking of crabs under certain conditions; to authorize the taking of peelers and soft shell crabs; to provide that peelers may be sold only to a dealer; to prohibit the possession of peelers except by commercial fishermen or dealers; to prohibit the operation of a shedding facility except by a dealer; to provide that a dealer may purchase peelers only from a commercial fisherman; to prohibit certain activities; to provide for a soft shell crab dealer license; 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 February 26, 1957 (Ga. L. 1957, p. 96), is hereby amended by striking section 92 in its entirety and substituting in lieu thereof a new section 92 which shall read as follows: Section 92. (a) Definitions . The following terms as used in this section shall have the following meanings: (1) `Crab' means any crab of the species callinectes sapidus. (2) `Peeler' means a crab which has a soft shell fully developed under the hard shell, on which there is a pink or red line on the outer edge of the swimming paddles. (3) `Soft shell crab' means a crab which has just emerged from its old shell and has a new soft, pliable shell.

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(4) `Shedding facility' means a soft shell crab facility containing a tank or other enclosure in which peelers are or may be kept alive until they shed their shells and become soft shell crabs, and such other equipment as may be prescribed by the Department of Natural Resources. (5) `Soft shell crab dealer' means any person operating a shedding facility in this State, licensed by the Department of Natural Resources. (6) `Commercial quantities' means an amount equal to two bushels or more. (b) It shall be unlawful for any person to take or possess in this State the following: (1) Spawning female crabs during the months of May or June; (2) Any crab measuring less than five inches from spike to spike across the back; provided, however, that any person may take or possess the following: (A) peelers measuring at least three inches from spike to spike across the back; and (B) soft shell crabs measuring at least three inches from spike to spike across the back. Any crabs taken or possessed in violation of this section may not be intentionally killed and must be returned to a suitable habitat as soon as practicable. (c) Any person taking peelers or soft shell crabs may sell such crabs only to a soft shell crab dealer. (d) No person may possess peelers in commercial quantities except a licensed commercial fisherman or a soft shell crab dealer. (e) No person may operate a shedding facility except a soft shell crab dealer.

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(f) A soft shell crab dealer may purchase peelers only from a licensed commercial fisherman. (g) Any person violating this section, or any regulation promulgated pursuant hereto, shall be guilty of a violation of this Act. Section 2 . Said Act is further amended by adding to section 30, subsection (a), Paragraph VII, a new item to be designated item (15), which shall read as follows: (15) Soft Shell Crab DealerAnnual$10.00. 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 24, 1976. INTERFERENCE WITH CERTAIN UTILITIES PENALIZED. Code 26-1507 Enacted. No. 1105 (Senate Bill No. 557). An Act to amend an Act providing a new Criminal Code, approved April 10, 1968 (Ga. L. 1968, pp. 1249, 1285), by adding a new section 26-1507, so as to prohibit any person from injuring or interfering with the property of any company, municipality, or political subdivision engaged in the manufacture, sale or distribution of electricity, gas, water, telephone, or other public services; to provide for a penalty; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 26-15, relating to criminal damage to property, as amended, is hereby amended by adding thereto a new Code section to be designated Code section 26-1507, to read as follows: 26-1507. Damaging, injuring or interfering with property of public utility companies, municipalities or political subdivision . (a) It shall be unlawful for any person intentionally and without authority to injure or destroy any meter, pipe, conduit, wire, line, post, lamp or other apparatus belonging to a company, to any municipality, political subdivision, engaged in the manufacture or sale of electricity, gas, water, telephone or other public services, or intentionally and without authority to prevent a meter from properly registering the quantity of such service supplied, or in any way to interfere with the proper action of such company or any municipality or political subdivision, intentionally to divert any services of such company, municipality, or political subdivision or otherwise intentionally and without authority to use or cause to be used, without the consent of such company, municipality or political subdivision, any service manufactured, sold or distributed by such company, municipality or political subdivision. (b) Where there is no evidence to the contrary, the person performing any of the illegal acts set forth in sub-section (a) and/or the person, who with knowledge of such violation receives the benefit of such service without proper charge as a result of such improper action shall be presumed to be responsible for such acts of tampering or diversion. (c) Violators of the foregoing provisions of this section shall be punished as for a misdemeanor. 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 24, 1976. CODE OF PUBLIC TRANSPORTATION AMENDED. Code Title 95A Amended. No. 1106 (Senate Bill No. 575). 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 April 19, 1973 (Ga. L. 1973, p. 1401), an Act approved March 21, 1974 (Ga. L. 1974, p. 533), an Act approved March 28, 1974 (Ga. L. 1974, p. 1111), an Act approved March 28, 1974 (Ga. L. 1974, p. 1215), an Act approved March 28, 1974 (Ga. L. 1974, p. 1422), an Act approved March 13, 1975 (Ga. L. 1975, p. 68), an Act approved March 18, 1975 (Ga. L. 1975, p. 98), an Act approved March 18, 1975 (Ga. L. 1975, p. 102), an Act approved April 14, 1975 (Ga. L. 1975, p. 400), an Act approved April 18, 1975 (Ga. L. 1975, p. 812), an Act approved April 18, 1975 (Ga. L. 1975, p. 833), an Act approved April 24, 1975 (Ga. L. 1975, p. 1154), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1159), so as to revise the definition of public road; to expand the Department of Transportation's authority to make contracts for the construction or maintenance of public roads; to revise the definition of self-liquidating; 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 by an Act approved April 19, 1973 (Ga. L. 1973, p. 1401), an Act approved March 21, 1974 (Ga. L.

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1974, p. 533), an Act approved March 28, 1974 (Ga. L. 1974, p. 1111), an Act approved March 28, 1974 (Ga. L. 1974, p. 1215), an Act approved March 28, 1974 (Ga. L. 1974, p. 1422), an Act approved March 13, 1975 (Ga. L. 1975, p. 68), an Act approved March 18, 1975 (Ga. L. 1975, p. 98), an Act approved March 18, 1975 (Ga. L. 1975, p. 102), an Act approved April 14, 1975 (Ga. L. 1975, p. 400), an Act approved April 18, 1975 (Ga. L. 1975, p. 812), an Act approved April 18, 1975 (Ga. L. 1975, p. 833), an Act approved April 24, 1975 (Ga. L. 1975, p. 1154), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1159), is hereby amended by inserting toll road, tollway, in the definition of public road in section 95A-104 following the comma after the word avenue and preceding the word drive, so that, as amended, the definition of public road contained in section 95A-104 of said Act shall read as follows: Public road: The highway, road, street, avenue, toll road, tollway, drive, detour, or other way open to the public and intended or used for its enjoyment and for the passage of vehicles in any county or municipality of the State of Georgia, including but not limited to the following public rights, structures, sidewalks, facilities and appurtenances incident to the construction, maintenance and enjoyment of such rights-of-way: surface, shoulders and sides; bridges; causeways; viaducts; ferries; overpasses; underpasses; railroad grade crossings; tunnels; signs, signals, markings or other traffic control devices; buildings for public equipment and personnel used for or engaged in administration construction or maintenance of such ways or research pertaining thereto; wayside parks; parking facilities; drainage ditches; canals, culverts; rest areas; truck weighing stations or check points; scenic easements and easements of light, air, view and access. Code 95A-104 amended. Section 2 . Said Act is further amended by striking subsection 95A-302(e) in its entirety and substituting in lieu thereof a new subsection 95A-302(e) to read as follows: (e) Authority to make contracts. The Department shall have the authority to negotiate, let, and enter into contracts with the Georgia Highway Authority, the State Tollway

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Authority, any person, any State agency, or any county or municipality of the State for the construction or maintenance of any public road or any other mode of transportation or for the benefit of or pertaining to the Department or its employees in such manner and subject to such express limitations as may be provided by law. Code 95A-302 (e) amended. Section 3 . Said Act is further amended by striking subsection 95A-1238(g) in its entirety and substituting in lieu thereof a new subsection 95A-1238(g) to read as follows: (g) Self-liquidating. Any project or combination of projects shall be so deemed if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom, together with not more than 25% of any maintenance, repair and operational services to be received by the Authority from the Department or any county or municipality, shall be sufficient to provide for the maintenance, repair and operation of the project and to pay the principal and interest of revenue bonds which may be issued for the costs of such project, projects, or combination of projects. Code 95A-1238(g) amended. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. OCONEE JUDICIAL CIRCUITADDITIONAL JUDGE PROVIDED. No. 1108 (Senate Bill No 590). An Act to add one additional judge of the superior courts of the Oconee Judicial Circuit of Georgia; to provide for the

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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 require each candidate for such judgeship to designate the place for which he is running; to provide for courtroom and chamber space; 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 . 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 Oconee Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit, effective November 1, 1976. Section 2 . Said additional judge shall be appointed by the Governor for a term of office beginning November 1, 1976, and continuing through December 31, 1978, and until his successor is elected and qualified; such judge shall be appointed by the Governor prior to November 1, 1976, 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, 1978, for a term of four years beginning on the first day of January, 1979, 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 provided by law for the election of judges of superior courts of this State. Section 3 . Every person who offers for nomination and election as one of the judges of said superior courts for the

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Oconee Judicial Circuit of Georgia shall designate with the proper authority in all primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed, and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Section 4 . The additional judge of the superior courts for the Oconee Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Either of the 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. Section 5 . The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judge of the superior courts of the Oconee Judicial Circuit. Any provisions heretofore or hereafter enacted for supplement by the county of said circuit for the present judge shall also be applicable to the additional judge provided for by this Act. Section 6 . All writs and processes in the superior courts of the Oconee Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law. Section 7 . The governing authority of the counties comprising the Oconee Judicial Circuit are hereby authorized and empowered to provide a suitable courtroom, jury room and chambers for the additional judge of the Oconee Judicial

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Circuit created herein as may be necessary upon the recommendation of said judge. Section 8 . All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Oconee Judicial Circuit may bear teste in the name of any judge of said Oconee Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause therein and perform any official act as judge thereof. Section 9 . The 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 10 . This Act shall become effective on November 1, 1976. Effective date. Section 11 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. PRIVATE COLLEGE GRANT ACT AMENDED. No. 1111 (Senate Bill No. 596). 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 change the definition of the term approved institution; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing 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 adding in section 3 in the paragraph which defines the term approved institution, immediately following the word any, the word nonproprietary and by adding in section 3 of the Act, to the paragraph which defines the term approved institution, the following: An institution which otherwise meets the requirements of this Act and of this definition except for lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an `approved institution' if the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools., so that when so amended, said paragraph of section 3 of said Act shall read as follows: The term `approved institution' shall mean any `nonproprietary' educational institution of higher learning located in Georgia, which is not a branch of the University System of Georgia and which is accredited by the Southern Association of Colleges and Schools, and which shall have an academic program not comprised principally of sectarian instruction or preparation of students for a religious vocation, and which is not presently receiving State funds under the Junior College Act of 1958, as amended. An institution which otherwise meets the requirements of this Act and of this definition except for lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an `approved institution' during the first twenty-four (24) months the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools. 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 24, 1976. JUDICIAL ADMINISTRATION ACT OF 1976. No. 1130 (House Bill No. 1318). An Act to create Judicial Administration Districts and the boundaries thereof; to provide for a short title; to provide for Judicial Administration District Councils, their composition, presiding officers, meetings and establishing of rules; to provide for the election of Administrative Judges, their term, removal, duties, authority, and compensation; to provide for Administrative Assistants, their qualifications, duties, compensation, and classification; 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 Judicial Administration Act of 1976. Section 2. Judicial Administration Districts; Creation . Ten (10) Judicial Administration Districts of more or less equal population in each District are hereby created within the State. The boundaries of the ten Judicial Administration Districts, to the extent possible, shall follow the present boundaries of the ten (10) U. S. Congressional Districts, except that each existing judicial circuit shall remain intact and shall not be placed in more than one Judicial Administration District. The Governor, after conferring with the Superior Court Judges, shall establish by July 1, 1976, the original boundaries of each Judicial Administration District pursuant to the provisions of this section. The ten (10) Administrative Judges provided for in this Act may provide for any necessary changes in the boundaries in such Districts not inconsistent with the provisions of this Section.

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Section 3. Judicial Administration District Councils . A District Council for each Judicial Administration District is hereby created, composed of all judges of the superior courts within the District. The superior court judge in each District having seniority in number of years as a superior court judge shall serve as presiding officer of the District Council. Each District Council shall meet at least once a year and as often as required to discuss administrative problems peculiar to the District and otherwise to perform its duties. Each District Council shall establish rules, by majority vote, which shall cover the right to call additional meetings and procedures for handling the administrative work of the Council; Section 4. District Administrative Judge . The judges of each District Council shall elect a superior court judge or a judge emeritus of the superior court to serve for a two-year term as an Administrative Judge within the district. The District Administrative Judge shall serve until his successor is elected and qualified; provided, however, that the District Administrative Judge may be removed at any time by a two-thirds vote of all judges comprising the District Council. The duties of Administrative Judge shall be additional duties which shall not be construed to diminish his other responsibilities. Section 5. Administrative Assistant . Each District Administrative Judge is hereby authorized to hire a full-time assistant adequately trained in the duties of court administration. The assistant shall assist in the duties of the District Administrative Judge, provide general court administrative services to the District Council, and otherwise perform such duties as may be assigned to him by the District Administrative Judge. Each assistant 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. The assistant shall be compensated in an amount and manner to be determined by uniform rules adopted by the ten (10) Administrative Judges. Each assistant shall be compensated out of funds made available for such purposes within the Judicial Branch of Government.

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Additional funds shall be made available for needed clerical and other office operating costs of the assistant. Section 6. Duties and Authority of District Administrative Judge . The duties and authority of each District Administrative Judge shall be as follows: (a) To request, collect and receive information from the courts of record within his District pursuant to uniform rules promulgated by the ten (10) Administrative Judges; (b) To authorize and assign any superior court judge within the District to sit on any type of case or handle other administrative or judicial matters within the District, provided, however that the assignment shall be made with the consent of the assigned judge and with the consent of the majority of the judges of the circuit to which the assignment is made; that the assignment shall be made subject to rules promulgated by the District Council by a majority vote of the superior court judges within the District. Section 7. 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 8. Effective Date . This Act shall become effective July 1, 1976. Section 9. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1976.

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GENERAL APPROPRIATIONS ACT. No. 1131 (House Bill No. 1350). An Act to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30, 1977; 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, 1976, and ending June 30, 1977, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and Federal Revenue Sharing Funds. PART I . LEGISLATIVE BRANCH Section 1. Legislative Branch . Budget Unit. Legislative Branch $ 8,100,000 1. Operations $ 7,650,000 Total Funds Budgeted $ 7,650,000 State Funds Budgeted $ 7,650,000 2. For Election Blanks and Other Election Expenses $ 450,000 Total Funds Budgeted $ 450,000 State Funds Budgeted $ 450,000 Budget Unit Object Classes: Operations $ 7,650,000 Election Blanks and Other Election Expenses $ 450,000 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 the operation of the Georgia Educational Improvement Council; 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 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 $ 2,603,500 1. Operations $ 2,263,500 Total Funds Budgeted $ 2,263,500 State Funds Budgeted $ 2,263,500 2. Tax Ratio Study $ 340,000 Total Funds Budgeted $ 340,000 State Funds Budgeted $ 340,000 Budget Unit Object Classes: Operations $ 2,263,500 Tax Ratio Study $ 340,000 PART II . JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 1,158,000 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. 478-481. Section 4. Superior Courts . Budget Unit: Superior Courts $ 7,319,891 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, 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 1976 session of the General Assembly. Provided, that of the above appropriation relating to Superior Courts, $220,000 is designated and committed for the Prosecuting Attorneys' Council for operations and $36,046 is designated and committed for the Sentence Review Panel. Section 5. Court of Appeals . Budget Unit: Court of Appeals $ 1,305,000 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 $ 177,000 For the cost of operating the Administrative Offices of the Court.

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Section 7. Appellate Court Reports . Budget Unit: Court Reports $ 72,000 For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Section 8. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 10,000 For the cost of operating the Judicial Qualifications Commissions. Section 9. Board of Court Reporting . Budget Unit: $ 7,500 For the cost of operating the Board of Court Reporting. Section 10. Council of Juvenile Court Judges . Budget Unit: $ 40,000 For the cost of operating the Council of Juvenile Court Judges. PART III . EXECUTIVE BRANCH Section 11. Department of Administrative Services . Budget Unit: Department of Administrative Services $ 27,367,266 1. Georgia Building Authority Budget: Direct Payments to Authority for Operations $ 2,310,672 Capital Outlay $ 405,000 Authority Lease Rentals $ 2,495,903 Total Funds Budgeted $ 5,211,575 State Funds Budgeted $ 5,211,575 Total Positions Budgeted 0 2. Departmental Administration Budget: Personal Services $ 542,000 Regular Operating Expenses $ 49,189 Travel $ 7,350 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,300 Equipment Purchases $ 4,000 Per Diem and Fees $ 0 Computer Charges $ 5,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 611,839 State Funds Budgeted $ 611,839 Total Positions Budgeted 36 3. Fiscal Administration Budget: Personal Services $ 368,000 Regular Operating Expenses $ 30,000 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 10,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 0 Computer Charges $ 2,790,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,203,000 State Funds Budgeted $ 3,203,000 Total Positions Budgeted 26 4. Self-Insurance Administration Budget: Personal Services $ 230,000 Regular Operating Expenses $ 14,000 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,500 Equipment Purchases $ 2,200 Per Diem and Fees $ 0 Computer Charges $ 1,000 Other Contractual Expense $ 0 Workmen's Compensation $ 1,340,000 Total Funds Budgeted $ 1,609,700 State Funds Budgeted $ 1,576,100 Total Positions Budgeted 17 5. Procurement Administration Budget: Personal Services $ 697,000 Regular Operating Expenses $ 84,757 Travel $ 6,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 19,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 50,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 856,757 State Funds Budgeted $ 856,757 Total Positions Budgeted 53 6. General Services Administration Budget: Personal Services $ 83,900 Regular Operating Expenses $ 10,618 Travel $ 900 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 $ 95,918 State Funds Budgeted $ 95,918 Total Positions Budgeted 7 7. Property Management Administration Budget: Personal Services $ 127,366 Regular Operating Expenses $ 24,000 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 500 Per Diem and Fees $ 1,000 Computer Charges $ 12,100 Other Contractual Expense $ 0 Total Funds Budgeted $ 166,966 State Funds Budgeted $ 166,966 Total Positions Budgeted 9 8. Data Processing Services Budget: Personal Services $ 8,750,000 Regular Operating Expenses $ 1,912,500 Travel $ 30,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 38,500 Equipment Purchases $ 68,000 Per Diem and Fees $ 695,000 Computer Charges $ 200,000 Rents and Maintenance Expense $ 9,406,832 Other Contractual Expense $ 0 Total Funds Budgeted $ 21,101,332 State Funds Budgeted $ 10,399,765 Total Positions Budgeted 650 9. Motor Pool Services Budget: Personal Services $ 195,598 Regular Operating Expenses $ 393,396 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 212,800 Publications and Printing $ 1,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 0 Computer Charges $ 1,800 Other Contractual Expense $ 0 Total Funds Budgeted $ 807,094 State Funds Budgeted $ 0 Total Positions Budgeted 19 10. Communication Services Budget: Personal Services $ 1,307,064 Regular Operating Expenses $ 317,321 Travel $ 9,720 Motor Vehicle Equipment Purchases $ 34,300 Publications and Printing $ 47,300 Equipment Purchases $ 34,000 Per Diem and Fees $ 14,000 Computer Charges $ 41,500 Other Contractual Expense $ 0 Telephone Billings $ 13,259,000 Total Funds Budgeted $ 15,064,205 State Funds Budgeted $ 5,000,235 Total Positions Budgeted 103 11. Printing Services Budget: Personal Services $ 813,481 Regular Operating Expenses $ 1,032,503 Travel $ 3,500 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 1,000 Equipment Purchases $ 107,500 Per Diem and Fees $ 600 Computer Charges $ 5,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,973,584 State Funds Budgeted $ 0 Total Positions Budgeted 75 12. Central Supply Services Budget: Personal Services $ 93,070 Regular Operating Expenses $ 540,946 Travel $ 100 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 640 Computer Charges $ 2,500 Other Contractual Expense $ 0 Total Funds Budgeted $ 641,256 State Funds Budgeted $ 0 Total Positions Budgeted 9 13. State Properties Commission Budget: Personal Services $ 127,345 Regular Operating Expenses $ 31,000 Travel $ 9,884 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 3,500 Per Diem and Fees $ 15,000 Computer Charges $ 0 Other Contractual Expense $ 5,000 Total Funds Budgeted $ 197,729 State Funds Budgeted $ 197,729 Total Positions Budgeted 7 14. Volunteer Services Budget: Personal Services $ 42,071 Regular Operating Expenses $ 5,761 Travel $ 2,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,000 Equipment Purchases $ 0 Per Diem and Fees $ 3,800 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 59,382 State Funds Budgeted $ 47,382 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 13,376,895 Regular Operating Expenses $ 4,445,991 Travel $ 97,704 Motor Vehicle Equipment Purchases $ 257,100 Publications and Printing $ 137,100 Equipment Purchases $ 224,200 Per Diem and Fees $ 730,040 Computer Charges $ 3,108,900 Other Contractual Expense $ 5,000 Rents and Maintenance Expense $ 9,406,832 Workmen's Compensation $ 1,340,000 Direct Payments to Authority for Operations $ 2,310,672 Capital Outlay $ 405,000 Authority Lease Rentals $ 2,495,903 Telephone Billings $ 13,259,000 Total Positions Budgeted 1,014 Section 12. Department of Agriculture . Budget Unit: Department of Agriculture $ 15,861,360 1. Plant Industry Budget: Personal Services $ 2,099,808 Regular Operating Expenses $ 192,306 Travel $ 93,000 Motor Vehicle Equipment Purchases $ 48,000 Publications and Printing $ 23,300 Equipment Purchases $ 16,000 Per Diem and Fees $ 500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,472,914 State Funds Budgeted $ 2,366,914 Total Positions Budgeted 183 2. Animal Industry Budget: Personal Services $ 664,000 Regular Operating Expenses $ 101,000 Travel $ 43,423 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 9,300 Equipment Purchases $ 4,300 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 $ 516,000 Veterinary Fees $ 475,000 Research Contract with Georgia Institute of Technology $ 182,000 Contract with University of Georgia to Study Avian Disease $ 174,950 Indemnities $ 100,000 Total Funds Budgeted $ 2,807,973 State Funds Budgeted $ 2,737,973 Total Positions Budgeted 52 3. Marketing Budget: Personal Services $ 982,258 Regular Operating Expenses $ 191,633 Travel $ 33,400 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $ 12,000 Equipment Purchases $ 1,350 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 $ 2,258,441 State Funds Budgeted $ 2,113,849 Total Positions Budgeted 81 4. General Agricultural Field Forces Budget: Personal Services $ 1,383,513 Regular Operating Expenses $ 85,000 Travel $ 180,000 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 1,350 Equipment Purchases $ 1,860 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,671,723 State Funds Budgeted $ 1,671,723 Total Positions Budgeted 131 5. Internal Administration Budget: Personal Services $ 731,000 Regular Operating Expenses $ 96,000 Travel $ 15,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 32,200 Equipment Purchases $ 1,500 Per Diem and Fees $ 500 Computer Charges $ 85,686 Other Contractual Expense $ 0 Total Funds Budgeted $ 962,486 State Funds Budgeted $ 945,486 Total Positions Budgeted 49 6. Information and Education Budget: Personal Services $ 121,000 Regular Operating Expenses $ 303,000 Travel $ 700 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 262,600 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 687,300 State Funds Budgeted $ 687,300 Total Positions Budgeted 11 7. Fuel and Measures Standards Budget: Personal Services $ 653,000 Regular Operating Expenses $ 123,000 Travel $ 68,000 Motor Vehicle Equipment Purchases $ 54,000 Publications and Printing $ 6,000 Equipment Purchases $ 3,250 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 907,250 State Funds Budgeted $ 907,250 Total Positions Budgeted 60 8. Consumer Protection Budget: Personal Services $ 559,000 Regular Operating Expenses $ 46,000 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 3,200 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 636,200 State Funds Budgeted $ 636,200 Total Positions Budgeted 39 9. Consumer Protection Field Forces Budget: Personal Services $ 1,325,000 Regular Operating Expenses $ 74,426 Travel $ 122,000 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $ 4,500 Equipment Purchases $ 2,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,551,926 State Funds Budgeted $ 1,409,465 Total Positions Budgeted 104 10. Meat Inspection Budget: Personal Services $ 1,757,000 Regular Operating Expenses $ 47,000 Travel $ 140,000 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 4,000 Equipment Purchases $ 0 Per Diem and Fees $ 38,000 Computer Charges $ 0 Other Contractual Expense $ 34,900 Total Funds Budgeted $ 2,032,900 State Funds Budgeted $ [Illegible Text] Total Positions Budgeted [Illegible Text] 11. Georgia Agrirama Development Authority Budget: Payments to Agrirama Authority for Operations $ 290,300 Total Funds Budgeted $ 290,300 Agency Funds Budgeted $ 105,000 State Funds Budgeted $ 185,300 12. Fire Ant Eradication Budget: Personal Services $ 156,200 Regular Operating Expenses $ 2,000 Travel $ 39,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,600 Equipment Purchases $ 0 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 708,400 Purchase of Bait $ 590,600 Total Funds Budgeted $ 1,500,000 State Funds Budgeted $ 1,335,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 10,431,779 Regular Operating Expenses $ 1,261,365 Travel $ 755,323 Motor Vehicle Equipment Purchases $ 198,000 Publications and Printing $ 360,050 Equipment Purchases $ 30,260 Per Diem and Fees $ 43,700 Computer Charges $ 85,686 Other Contractual Expense $ 774,400 Purchase of Bait $ 590,600 Athens Veterinary Laboratory Contract $ 208,000 Tifton Veterinary Laboratory Contract $ 322,000 Poultry Improvement Contract $ 516,000 Veterinary Fees $ 475,000 Research Contract with Georgia Institute of Technology $ 182,000 Contract with University of Georgia to Study Avian Disease $ 174,950 Indemnities $ 100,000 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Payments to Agrirama Authority for Operations $ 290,300 Total Positions Budgeted 855 Provided, that of the above appropriation relative to Regular Operating Expenses, $35,000 is designated and committed for livestock and poultry shows relating to research and promoting. Section 13. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 1,803,924 1. Administration Budget: Personal Services $ 346,594 Regular Operating Expenses $ 81,200 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 3,760 Per Diem and Fees $ 2,000 Computer Charges $ 8,750 Other Contractual Expense $ 0 Total Funds Budgeted $ 459,304 State Funds Budgeted $ 459,304 Total Positions Budgeted 23 2. Examination Budget: Personal Services $ 1,040,144 Regular Operating Expenses $ 13,280 Travel $ 284,146 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 7,050 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,344,620 State Funds Budgeted $ 1,344,620 Total Positions Budgeted 67 Budget Unit Object Classes: Personal Services $ 1,386,738 Regular Operating Expenses $ 94,480 Travel $ 289,146 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 10,810 Per Diem and Fees $ 2,000 Computer Charges $ 8,750 Other Contractual Expense $ 0 Total Positions Budgeted 90 Section 14. Department of Community Development . A. Budget Unit: Department of Community Development $ 6,944,903 1. Industry Budget: Personal Services $ 298,500 Regular Operating Expenses $ 10,749 Travel $ 45,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,500 Equipment Purchases $ 1,500 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 360,749 State Funds Budgeted $ 360,749 Total Positions Budgeted 16 2. Research Budget: Personal Services $ 230,700 Regular Operating Expenses $ 45,085 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 485 Per Diem and Fees $ 1,800 Computer Charges $ 19,473 Other Contractual Expense $ 0 Total Funds Budgeted $ 304,543 State Funds Budgeted $ 284,143 Total Positions Budgeted 17 3. Tourism Budget: Personal Services $ 629,255 Regular Operating Expenses $ 294,660 Travel $ 28,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 300 Equipment Purchases $ 6,220 Per Diem and Fees $ 50,000 Computer Charges $ 4,500 Other Contractual Expense $ 0 Local Welcome Center Contracts $ 75,230 Total Funds Budgeted $ 1,088,165 State Funds Budgeted $ 1,088,165 Total Positions Budgeted 68 4. Internal Administration Budget: Personal Services $ 451,100 Regular Operating Expenses $ 448,957 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 27,000 Equipment Purchases $ 500 Per Diem and Fees $ 24,000 Computer Charges $ 6,800 Other Contractual Expense $ 0 Direct Payments for World Congress Center Operations $ 450,000 Total Funds Budgeted $ 1,423,357 State Funds Budgeted $ 1,423,357 Total Positions Budgeted 29 5. International Budget: Personal Services $ 144,532 Regular Operating Expenses $ 59,053 Travel $ 42,709 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,050 Equipment Purchases $ 2,600 Per Diem and Fees $ 111,300 Computer Charges $ 9,245 Other Contractual Expense $ 0 Total Funds Budgeted $ 370,489 State Funds Budgeted $ 370,489 Total Positions Budgeted 8 6. Advertising Budget: Advertising $ 628,000 Total Funds Budgeted $ 628,000 State Funds Budgeted $ 628,000 Total Positions Budgeted 0 7. Ports Authority Budget: Authority Lease Rentals $ 2,790,000 Total Funds Budgeted $ 2,790,000 State Funds Budgeted $ 2,790,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 1,754,087 Regular Operating Expenses $ 858,504 Travel $ 136,209 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 32,850 Equipment Purchases $ 11,305 Per Diem and Fees $ 189,100 Computer Charges $ 40,018 Other Contractual Expense $ 0 Local Welcome Center Contracts $ 75,230 Advertising $ 628,000 Authority Lease Rentals $ 2,790,000 Direct Payments for World Congress Center Operations $ 450,000 Total Positions Budgeted 138 B. Budget Unit: Community Affairs $ 2,719,691 1. Executive Office and Administrative Support: Personal Services $ 193,713 Regular Operating Expenses $ 39,845 Travel $ 12,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,200 Equipment Purchases $ 8,400 Per Diem and Fees $ 12,500 Computer Charges $ 0 Other Contractual Expense $ 56,000 Total Funds Budgeted $ 325,858 State Funds Budgeted $ 264,907 Total Positions Budgeted 11 2. Area Development Personal Services $ 298,000 Regular Operating Expenses $ 15,067 Travel $ 8,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,343 Equipment Purchases $ 6,800 Per Diem and Fees $ 525 Computer Charges $ 0 Other Contractual Expense $ 0 Grants to Area Planning and Development Commissions $ 1,170,000 HUD 701 Planning Grants $ 899,936 Total Funds Budgeted $ 2,401,071 State Funds Budgeted $ 1,363,201 Total Positions Budgeted 18 3. Local Development: Personal Services $ 308,176 Regular Operating Expenses $ 18,000 Travel $ 16,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 4,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 352,176 State Funds Budgeted $ 127,374 Total Positions Budgeted 18 4. State Crime Commission Planning and Grant Administration: Personal Services $ 715,000 Regular Operating Expenses $ 112,200 Travel $ 28,775 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 19,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 33,200 Computer Charges $ 34,275 Other Contractual Expense $ 0 Total Funds Budgeted $ 943,450 State Funds Budgeted $ 84,209 Total Positions Budgeted 45 5. LEAA Grants Budget: LEAA Juvenile Justice $ 432,020 LEAA ActionLocal $ 7,701,300 LEAA ActionState $ 3,798,700 LEAA State Buy-In $ 293,000 LEAA State Buy-In Reserve $ 587,000 LEAA Planning $ 653,512 Total Funds Budgeted $ 13,465,532 State Funds Budgeted $ 880,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 1,514,889 Regular Operating Expenses $ 185,112 Travel $ 65,375 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 30,543 Equipment Purchases $ 20,200 Per Diem and Fees $ 46,225 Computer Charges $ 34,275 Other Contractual Expense $ 56,000 Grants to Area Planning and Development Commissions $ 1,170,000 HUD 701 Planning Grants $ 899,936 LEAA Action Local $ 7,701,300 LEAA Action State $ 3,798,700 LEAA State Buy-In $ 293,000 LEAA State Buy-In Reserve $ 587,000 LEAA Planning $ 653,512 LEAA Juvenile Justice $ 432,020 Total Positions Budgeted 92 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 15. Office of Comptroller General . Budget Unit: Office of Comptroller General $ 3,110,500 1. Internal Administration Budget: Personal Services $ 302,000 Regular Operating Expenses $ 61,000 Travel $ 13,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,374 Equipment Purchases $ 1,800 Per Diem and Fees $ 9,200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 392,374 State Funds Budgeted $ 392,374 Total Positions Budgeted 19 2. Insurance Regulation Budget: Personal Services $ 499,864 Regular Operating Expenses $ 26,069 Travel $ 8,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 18,400 Equipment Purchases $ 0 Per Diem and Fees $ 8,200 Computer Charges $ 25,800 Other Contractual Expense $ 0 Total Funds Budgeted $ 586,733 State Funds Budgeted $ 586,733 Total Positions Budgeted 40 3. Industrial Loans Regulation Budget: Personal Services $ 221,739 Regular Operating Expenses $ 22,000 Travel $ 11,442 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,355 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 257,536 State Funds Budgeted $ 257,536 Total Positions Budgeted 15 4. Information and Enforcement Budget: Personal Services $ 377,854 Regular Operating Expenses $ 31,147 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,300 Equipment Purchases $ 700 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 426,001 State Funds Budgeted $ 426,001 Total Positions Budgeted 31 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,212,697 Regular Operating Expenses $ 87,000 Travel $ 128,248 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,711 Equipment Purchases $ 4,200 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,447,856 State Funds Budgeted $ 1,447,856 Total Positions Budgeted 107 Budget Unit Object Classes: Personal Services $ 2,614,154 Regular Operating Expenses $ 227,216 Travel $ 175,090 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 44,140 Equipment Purchases $ 6,700 Per Diem and Fees $ 17,400 Computer Charges $ 25,800 Other Contractual Expense $ 0 Total Positions Budgeted 212 Section 16. Department of Defense . Budget Unit: Department of Defense $ 1,599,346 1. Administration and Support of State Militia Budget: Personal Services $ 549,193 Regular Operating Expenses $ 99,500 Travel $ 5,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 2,200 Per Diem and Fees $ 6,000 Computer Charges $ 0 Other Contractual Expense $ 0 National Guard Units Grants $ 204,880 Georgia Military Institute Grant $ 16,000 Total Funds Budgeted $ 908,273 State Funds Budgeted $ 908,273 Total Positions Budgeted 36 2. Civil Defense Budget: Personal Services $ 475,000 Regular Operating Expenses $ 68,584 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,800 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 560,384 State Funds Budgeted $ 295,104 Total Positions Budgeted 33 3. Armory Maintenance and Repair Budget: Personal Services $ 61,000 Regular Operating Expenses $ 95,000 Travel $ 3,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 1,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 160,500 State Funds Budgeted $ 160,500 Total Positions Budgeted 5 4. Disaster Preparedness and Recovery Budget: Personal Services $ 157,049 Regular Operating Expenses $ 10,121 Travel $ 23,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,100 Equipment Purchases $ 2,250 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 32,542 Total Funds Budgeted $ 234,062 State Funds Budgeted $ 0 Total Positions Budgeted 10 5. Service Contracts Budget: Personal Services $ 1,297,172 Regular Operating Expenses $ 180,482 Travel $ 3,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 6,784 Total Funds Budgeted $ 1,487,438 State Funds Budgeted $ 235,469 Total Positions Budgeted 122 Budget Unit Object Classes: Personal Services $ 2,539,414 Regular Operating Expenses $ 453,687 Travel $ 46,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 39,900 Equipment Purchases $ 5,450 Per Diem and Fees $ 6,000 Computer Charges $ 0 Other Contractual Expense $ 39,326 National Guard Units Grants $ 204,880 Georgia Military Institute Grant $ 16,000 Total Positions Budgeted 206 Section 17. State Board of EducationDepartment of Education . A. Budget Unit: Department of Education $ 682,628,905 1. Pre-School Education Budget: Personal Services $ 118,054 Regular Operating Expenses $ 11,542 Travel $ 11,213 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 500 Other Contractual Expense $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 APEG Grant: Selective Pre-School Development $ 5,821,028 Non-APEG Grant: Education of Children of Low-Income Families $ 14,650 Total Funds Budgeted $ 5,979,987 State Funds Budgeted $ 5,963,829 Total Positions Budgeted 7 2. General Education Budget: Personal Services $ 625,894 Regular Operating Expenses $ 61,962 Travel $ 43,562 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 54,713 Equipment Purchases $ 500 Per Diem and Fees $ 33,136 Computer Charges $ 0 Other Contractual Expense $ 10,000 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 323,027,946 Instructional Media (Sec. 13) $ 10,291,677 Instructional Equipment (Sec. 14) $ 430,155 Maintenance and Operation (Sec. 15) $ 49,743,107 Sick and Personal Leave (Sec. 16) $ 2,572,919 Travel-Regular (Sec. 17) $ 522,672 Isolated Schools $ 97,952 Mid-Term Adjustment $ 2,000,000 Non-APEG: Teacher Retirement $ 28,874,113 Driver Education $ 350,000 Total Funds Budgeted $ 418,740,308 State Funds Budgeted $ 418,088,314 Total Positions Budgeted 36 3. Special Education Budget: Personal Services $ 558,586 Regular Operating Expenses $ 60,993 Travel $ 40,066 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,100 Equipment Purchases $ 1,900 Per Diem and Fees $ 10,700 Computer Charges $ 0 Other Contractual Expense $ 146,000 APEG Grants: Salaries of Instructional Personnel (Sec. 5) $ 39,450,569 Instructional Media (Sec. 13) $ 1,297,273 Maintenance and Operation (Sec. 15) $ 6,270,150 Sick and Personal Leave (Sec. 16) $ 324,318 Travel-Special (Sec. 17) $ 76,136 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 1,074,127 Non-APEG Grants: Instructional Services for the Handicapped $ 2,293,979 Preparation of Professional Personnel in Education of Handicapped Children $ 106,454 Educational Training Services for the Mentally Retarded $ 50,000 Tuition for the Multi-handicapped $ 522,000 Severely Emotionally Disturbed $ 5,352,773 Teacher Retirement $ 3,621,287 Total Funds Budgeted $ 61,263,411 State Funds Budgeted $ 58,645,736 Total Positions Budgeted 27 4. Compensatory Education Budget: Personal Services $ 364,205 Regular Operating Expenses $ 38,622 Travel $ 21,082 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,600 Equipment Purchases $ 700 Per Diem and Fees $ 600 Computer Charges $ 0 Other Contractual Expense $ 0 Non-APEG Grants: Compensatory Education $ 10,246,747 Education of Children of Low-Income Families $ 46,327,880 Education of Children of Low-Income Families (Migratory) $ 659,000 Total Funds Budgeted $ 57,664,436 State Funds Budgeted $ 10,326,998 Total Positions Budgeted 25 5. Vocational Education Budget: Personal Services $ 1,788,976 Regular Operating Expenses $ 157,271 Travel $ 171,339 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 33,270 Equipment Purchases $ 13,099 Per Diem and Fees $ 33,313 Computer Charges $ 0 Other Contractual Expense $ 16,397 Non-APEG Grants: High School Program $ 13,531,081 Vocational Teacher Training $ 215,000 Vocational Education Research and Curriculum $ 269,000 Adult Education $ 2,298,942 Area Vocational Technical Schools $ 28,044,230 Junior College Vocational Program $ 477,693 Quick Start Program $ 900,000 Comprehensive Employment and Training $ 2,919,452 Teacher Retirement $ 1,830,928 Total Funds Budgeted $ 52,699,991 State Funds Budgeted $ 35,492,011 Total Positions Budgeted 107 6. Student Services Budget: Personal Services $ 250,635 Regular Operating Expenses $ 22,251 Travel $ 16,214 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,800 Equipment Purchases $ 0 Per Diem and Fees $ 619 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grant: Salaries of Student Supportive Personnel (Sec. 20(a)) $ 14,712,803 Non-APEG Grants: Guidance, Counseling and Testing $ 180,626 Teacher Retirement $ 1,314,736 Total Funds Budgeted $ 16,500,684 State Funds Budgeted $ 16,466,786 Total Positions Budgeted 15 7. Media Services Budget: Personal Services $ 2,273,448 Regular Operating Expenses $ 1,440,707 Travel $ 60,033 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 143,588 Equipment Purchases $ 1,770 Per Diem and Fees $ 91,105 Computer Charges $ 0 Other Contractual Expense $ 44,554 Authority Lease Rentals $ 333,204 Non-APEG Grants: Educational Television $ 56,186 School Library Resources and Other Materials $ 3,020,664 Total Funds Budgeted $ 7,465,259 State Funds Budgeted $ 4,133,985 Total Positions Budgeted 187 8. Public Library Services Budget: Personal Services $ 565,990 Regular Operating Expenses $ 262,559 Travel $ 10,808 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 4,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 20,000 Non-APEG Grants: Salaries and Travel of Public Librarians $ 2,722,885 Public Library Materials $ 1,811,952 Talking Book Centers $ 160,000 Public Library Maintenance and Operation $ 849,072 Teacher Retirement $ 232,647 Total Funds Budgeted $ 6,642,913 State Funds Budgeted $ 6,414,782 Total Positions Budgeted 52 9. Ancillary Services Budget: Personal Services $ 1,115,842 Regular Operating Expenses $ 235,761 Travel $ 82,300 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 14,600 Equipment Purchases $ 12,875 Per Diem and Fees $ 6,000 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grants: Pupil TransportationRegular (Sec. 25) $ 32,538,540 Pupil TransportationSpecial (Sec. 25) $ 2,043,093 Non-APEG Grant: School Lunch $ 86,981,521 Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 26,743,474 Direct Grants to School Systems for Capital Outlay Purposes $ 624,243 Total Funds Budgeted $ 150,398,249 State Funds Budgeted $ 72,867,704 Total Positions Budgeted 86 10. Program Standards, Assessments and Improvements Budget: Personal Services $ 1,352,714 Regular Operating Expenses $ 88,624 Travel $ 87,532 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 19,228 Equipment Purchases $ 3,710 Per Diem and Fees $ 15,066 Computer Charges $ 0 Other Contractual Expense $ 670,551 Non-APEG Grants: Supplementary Education Centers and Services $ 2,504,951 Staff Development $ 490,000 Supervision and Assessment of Students $ 145,000 Cooperative Educational Service Agencies $ 2,192,000 Total Funds Budgeted $ 7,569,376 State Funds Budgeted $ 4,714,813 Total Positions Budgeted 90 11. State Administration Budget: Personal Services $ 1,961,154 Regular Operating Expenses $ 219,361 Travel $ 58,156 Motor Vehicle Equipment Purchases $ 4,500 Publications and Printing $ 92,817 Equipment Purchases $ 20,000 Per Diem and Fees $ 53,200 Computer Charges $ 349,147 Other Contractual Expense $ 21,463 Non-APEG Grant: Supplementary Education Centers and Services $ 240,489 Total Funds Budgeted $ 3,020,287 Indirect DOAS Services Funding $ 220,000 State Funds Budgeted $ 1,911,408 Total Positions Budgeted 130 12. Local Administration Budget: APEG Grant: Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 40,638,904 Non-APEG Grants: Superintendents' Salaries $ 3,049,807 Teacher Retirement $ 3,913,828 Total Funds Budgeted $ 47,602,539 State Funds Budgeted $ 47,602,539 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 10,975,498 Regular Operating Expenses $ 2,599,653 Travel $ 602,305 Motor Vehicle Equipment Purchases $ 4,500 Publications and Printing $ 378,716 Equipment Purchases $ 59,054 Per Diem and Fees $ 243,739 Computer Charges $ 349,147 Other Contractual Expense $ 928,965 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 323,027,946 Salaries of Instructional Personnel (Sec. 5) $ 39,450,569 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 14,712,803 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 40,638,904 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 1,074,127 Instructional Media (Sec. 13) $ 11,588,950 Instructional Equipment (Sec. 14) $ 430,155 Maintenance and Operation (Sec. 15) $ 56,013,257 Sick and Personal Leave (Sec. 16) $ 2,897,237 TravelRegular (Sec. 17) $ 522,672 TravelSpecial (Sec. 17) $ 76,136 Pupil TransportationRegular (Sec. 25) $ 32,538,540 Pupil TransportationSpecial (Sec. 25) $ 2,043,093 Isolated Schools $ 97,952 Selective Pre-School Development $ 5,821,028 Mid-Term Adjustment $ 2,000,000 Non-APEG Grants: Education of Children of Low-Income Families $ 47,001,530 Driver Education $ 350,000 Teacher Retirement $ 39,787,539 Instructional Services for the Handicapped $ 2,293,979 Preparation of Professional Personnel in Education of Handicapped Children $ 106,454 Educational Training Services for the Mentally Retarded $ 50,000 Tuition for the Multi-handicapped $ 522,000 Severely Emotionally Disturbed $ 5,352,773 Compensatory Education $ 10,246,747 High School Program $ 13,531,081 Vocational Teacher Training $ 215,000 Vocational Education Research and Curriculum $ 269,000 Adult Education $ 2,298,942 Area Vocational Technical Schools $ 28,044,230 Junior College Vocational Program $ 477,693 Quick Start Program $ 900,000 Comprehensive Employment and Training $ 2,919,452 Guidance, Counseling and Testing $ 180,626 Educational Television $ 56,186 School Library Resources and Other Materials $ 3,020,664 Salaries and Travel of Public Librarians $ 2,722,885 Public Library Materials $ 1,811,952 Talking Book Centers $ 160,000 Public Library Maintenance and Operation $ 849,072 School Lunch $ 86,981,521 Supplementary Education Centers and Services $ 2,745,440 Staff Development $ 490,000 Supervision and Assessment of Students $ 145,000 Cooperative Educational Service Agencies $ 2,192,000 Superintendents' Salaries $ 3,049,807 Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 26,743,474 Direct Grants to School Systems for Capital Outlay Purposes $ 624,243 Authority Lease Rentals $ 333,204 Total Positions Budgeted 762 B. Budget Unit: Institutions $ 8,833,246 1. North Georgia Vocational-Technical School Budget: Personal Services $ 1,267,637 Regular Operating Expenses $ 480,144 Travel $ 16,300 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,275 Equipment Purchases $ 62,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 54,750 Total Funds Budgeted $ 1,885,106 State Funds Budgeted $ 1,394,833 Total Positions Budgeted 101 2. South Georgia Vocational-Technical School Budget: Personal Services $ 1,094,174 Regular Operating Expenses $ 341,028 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,360 Equipment Purchases $ 174,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 3,360 Capital Outlay $ 0 Authority Lease Rentals $ 49,315 Total Funds Budgeted $ 1,677,237 State Funds Budgeted $ 1,218,950 Total Positions Budgeted 96 3. Georgia Academy for the Blind Budget: Personal Services $ 1,428,387 Regular Operating Expenses $ 242,000 Travel $ 3,526 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,390 Equipment Purchases $ 30,000 Per Diem and Fees $ 2,500 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 1,708,803 State Funds Budgeted $ 1,478,118 Total Positions Budgeted 158 4. Georgia School for the Deaf Budget: Personal Services $ 2,653,408 Regular Operating Expenses $ 509,000 Travel $ 4,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 25,200 Per Diem and Fees $ 500 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 0 Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 3,216,008 State Funds Budgeted $ 2,895,837 Total Positions Budgeted 282 5. Atlanta Area School for the Deaf Budget: Personal Services $ 917,836 Regular Operating Expenses $ 204,000 Travel $ 2,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 20,000 Per Diem and Fees $ 1,500 Computer Charges $ 0 Other Contractual Expense $ 64,425 Capital Outlay $ 0 Total Funds Budgeted $ 1,210,461 State Funds Budgeted $ 1,166,461 Total Positions Budgeted 78 6. Alto Education and Evaluation Center Budget: Personal Services $ 766,749 Regular Operating Expenses $ 62,000 Travel $ 3,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 700 Equipment Purchases $ 10,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 842,449 State Funds Budgeted $ 679,047 Total Positions Budgeted 54 Budget Unit Object Classes: Personal Services $ 8,128,191 Regular Operating Expenses $ 1,838,172 Travel $ 41,526 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 11,225 Equipment Purchases $ 321,200 Per Diem and Fees $ 4,500 Computer Charges $ 0 Other Contractual Expense $ 67,785 Capital Outlay $ 0 Authority Lease Rentals $ 127,465 Total Positions Budgeted 769 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, $10,246,747 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 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 (as these classifications are defined by the State Board of Education). The balance of said funds shall be used for development programs to serve 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 as a criterion for admission. Provided, further, that for said selective pre-school development program, each system shall be allotted one instructional unit and any additional instructional units shall be allotted on the basis of one teacher and one aide for each 40 students or major fraction thereof 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 or major fraction thereof in average daily membership. All allotments shall be based upon 1975-76 attendance data from the selected pre-school development program. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost, and $6,384 for operational cost incurred in said pre-school development program to include maintenance and operation, sick and personal leave, instructional media, instructional equipment, 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 $350,000 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 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 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 funds appropriated above for Instructional Equipment, (Section 14 of the Adequate Program of Education Act) shall be distributed to local systems based on 50 cents per child in average daily attendance. Provided, further that $100,000 of the above appropriation for the said selective pre-school development program shall be designated for the determination and evaluation of processes for the identification of children within existing programs who are deficient in developmental skills needed to be successful in first grade and for the provision of supplemental learning tasks designed to remove the identified deficiencies of such students. The State Board of Education shall designate the locations for implementation of this program. Provided, that of the above appropriation relating to Cooperative Educational Service Agencies (CEST) Grants, $500,000 is designated and committed to fund projects approved and awarded on the basis of merit by the Department of Education. Provided, that the Department of Education is authorized and directed to use up to $71,600 of funds available in nongrant, noninstitutional object classes for the purpose of funding the Professional Standards Review Commission. Section 18. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 0 1. Employee's Retirement System Budget: Personal Services $ 404,477 Regular Operating Expenses $ 46,200 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,000 Equipment Purchases $ 3,500 Per Diem and Fees $ 67,000 Computer Charges $ 225,000 Other Contractual Expense $ 183,597 Total Funds Budgeted $ 947,774 State Funds Budgeted $ 0 Total Positions Budgeted 32 Budget Unit Object Classes: Personal Services $ 404,477 Regular Operating Expenses $ 46,200 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,000 Equipment Purchases $ 3,500 Per Diem and Fees $ 67,000 Computer Charges $ 225,000 Other Contractual Expense $ 183,597 Total Positions Budgeted 32

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Section 19. Forestry Commission . Budget Unit: Forestry Commission $ 9,302,000 1. Reforestation Budget: Personal Services $ 396,911 Regular Operating Expenses $ 272,813 Travel $ 1,347 Motor Vehicle Equipment Purchases $ 23,200 Publications and Printing $ 446 Equipment Purchases $ 2,925 Per Diem and Fees $ 35,000 Computer Charges $ 10,556 Other Contractual Expense $ 0 Total Funds Budgeted $ 743,198 State Funds Budgeted $ 203,408 Total Positions Budgeted 28 2. State Forests Budget: Personal Services $ 71,000 Regular Operating Expenses $ 11,976 Travel $ 81 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 312 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Ware County Grant $ 60,000 Total Funds Budgeted $ 143,369 State Funds Budgeted $ 0 Total Positions Budgeted 6 3. Field Services Budget: Personal Services $ 8,522,000 Regular Operating Expenses $ 1,580,000 Travel $ 64,607 Motor Vehicle Equipment Purchases $ 501,523 Publications and Printing $ 13,180 Equipment Purchases $ 98,000 Per Diem and Fees $ 8,500 Computer Charges $ 19,353 Other Contractual Expense $ 0 Total Funds Budgeted $ 10,807,163 State Funds Budgeted $ 8,568,720 Total Positions Budgeted 799 4. General Administration and Support Budget: Personal Services $ 412,317 Regular Operating Expenses $ 74,783 Travel $ 10,907 Motor Vehicle Equipment Purchases $ 14,400 Publications and Printing $ 12,700 Equipment Purchases $ 3,100 Per Diem and Fees $ 3,071 Computer Charges $ 58,059 Other Contractual Expense $ 0 Total Funds Budgeted $ 589,337 State Funds Budgeted $ 529,872 Total Positions Budgeted 25 Budget Unit Object Classes: Personal Services $ 9,402,228 Regular Operating Expenses $ 1,939,572 Travel $ 76,942 Motor Vehicle Equipment Purchases $ 539,123 Publications and Printing $ 26,638 Equipment Purchases $ 104,025 Per Diem and Fees $ 46,571 Computer Charges $ 87,968 Other Contractual Expense $ 0 Ware County Grant $ 60,000 Total Positions Budgeted 858

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Section 20. Forest Research Council . Budget Unit: Forest Research Council $ 590,740 Forest Research Council Budget: Personal Services $ 98,500 Regular Operating Expenses $ 33,000 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 500 Per Diem and Fees $ 750 Computer Charges $ 0 Other Contractual Expense $ 0 Contractual Research $ 436,490 Total Funds Budgeted $ 598,240 State Funds Budgeted $ 590,740 Total Positions Budgeted 7 Budget Unit Object Classes: Personal Services $ 98,500 Regular Operating Expenses $ 33,000 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 500 Per Diem and Fees $ 750 Computer Charges $ 0 Other Contractual Expense $ 0 Contractual Research $ 436,490 Total Positions Budgeted 7 Section 21. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 7,250,942 1. General Administration Budget: Personal Services $ 360,000 Regular Operating Expenses $ 72,133 Travel $ 3,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,100 Equipment Purchases $ 1,000 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 440,033 State Funds Budgeted $ 440,033 Total Positions Budgeted 26 2. Operations Budget: Personal Services $ 2,800,000 Regular Operating Expenses $ 402,848 Travel $ 169,000 Motor Vehicle Equipment Purchases $ 168,000 Publications and Printing $ 2,500 Equipment Purchases $ 25,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Evidence Purchased $ 98,000 Total Funds Budgeted $ 3,665,348 State Funds Budgeted $ 3,314,603 Total Positions Budgeted 167 3. Crime Laboratory Budget: Personal Services $ 1,155,647 Regular Operating Expenses $ 314,000 Travel $ 14,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,900 Equipment Purchases $ 80,489 Per Diem and Fees $ 0 Computer Charges $ 91,033 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,660,469 State Funds Budgeted $ 1,469,436 Total Positions Budgeted 74 4. Georgia Crime Information Center Budget: Personal Services $ 1,246,922 Regular Operating Expenses $ 374,710 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 136,054 Equipment Purchases $ 15,000 Per Diem and Fees $ 3,800 Computer Charges $ 1,013,384 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,801,870 State Funds Budgeted $ 2,026,870 Total Positions Budgeted 102 Budget Unit Object Classes: Personal Services $ 5,562,569 Regular Operating Expenses $ 1,163,691 Travel $ 199,200 Motor Vehicle Equipment Purchases $ 168,000 Publications and Printing $ 144,554 Equipment Purchases $ 121,489 Per Diem and Fees $ 5,800 Computer Charges $ 1,104,417 Other Contractual Expense $ 0 Evidence Purchased $ 98,000 Total Positions Budgeted 369 Section 22. Georgia Motor Vehicle Commission . Budget Unit: Georgia Motor Vehicle Commission $ 42,450 Georgia Motor Vehicle Commission Budget: Personal Services $ 26,000 Regular Operating Expenses $ 8,950 Travel $ 500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 0 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 42,450 State Funds Budgeted $ 42,450 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 26,000 Regular Operating Expenses $ 8,950 Travel $ 500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 0 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Positions Budgeted 2 Section 23. Georgia State Financing and Investment Commission . Budget Unit: Georgia State Financing and Investment Commission $ 0 Departmental Operations Budget: Personal Services $ 746,458 Regular Operating Expenses $ 149,000 Travel $ 14,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,500 Equipment Purchases $ 15,800 Per Diem and Fees $ 201,000 Computer Charges $ 6,000 Other Contractual Expense $ 25,000 Total Funds Budgeted $ 1,170,258 State Funds Budgeted $ 0 Total Positions Budgeted 42 Budget Unit Object Classes: Personal Services $ 746,458 Regular Operating Expenses $ 149,000 Travel $ 14,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,500 Equipment Purchases $ 15,800 Per Diem and Fees $ 201,000 Computer Charges $ 6,000 Other Contractual Expense $ 25,000 Total Positions Budgeted 42 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 1977, 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. It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the following projects for the Department of Education and the Department of Human Resources, authorized in Section 44 of this Act, shall be approximately as listed hereunder, if and when bonds are issued to finance the construction of such projects: Multigeographic Receiving Center at Southwest Georgia Regional Hospital $ 2,000,000 Medical-Surgical Unit at Gracewood $ 2,750,000 Regional Youth Development Centers at Macon, Eastman, Columbus and Griffin $ 2,850,000 Allen Building Renovations at Central State Hospital $ 2,925,000 Area Vocational-Technical School at Augusta $ 3,160,000 Are Vocational-Technical School in Spalding County $ 600,000 Ben Hill-Irwin Area Vocational Technical School $ 600,000 Area Vocational-Technical School at Savannah $ 3,000,000 It is the intent of this General Assembly that of the $7,300,000 in new General Obligation Debt authorized in Section 44 for construction and equipping of buildings and facilities at various institutions of the State Board of Regents of the University System, at least $1,000,000 is for the purpose of constructing and equipping a new field house at Albany State College, and approximately $672,000 is for the purpose of purchasing the U. S. Army Armory property at Augusta College. Section 24. Office of the Governor . A. Budget Unit: Governor's Office $ 2,915,005 Cost of Operations $ 875,005 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Gubernatorial Transition Allowance $ 0 Total Funds Budgeted $ 2,915,005 State Funds Budgeted $ 2,915,005 Budget Unit Object Classes: Cost of Operations $ 875,005 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 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. B. Budget Unit: Office of Planning and Budget $ 2,693,640 1. General Administration and Support Budget: Personal Services $ 306,000 Regular Operating Expenses $ 28,000 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,500 Equipment Purchases $ 1,000 Per Diem and Fees $ 37,500 Computer Charges $ 1,000 Other Contractual Expense $ 500 Payments to Regional Commissions $ 181,200 Total Funds Budgeted $ 564,700 State Funds Budgeted $ 551,700 Total Positions Budgeted 18 2. Council of the Arts Budget: Personal Services $ 51,500 Regular Operating Expenses $ 8,000 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,500 Equipment Purchases $ 550 Per Diem and Fees $ 5,500 Computer Charges $ 0 Other Contractual Expense $ 0 Art Grants $ 300,000 Total Funds Budgeted $ 369,550 State Funds Budgeted $ 169,550 Total Positions Budgeted 3 3. Budget Division Budget: Personal Services $ 335,800 Regular Operating Expenses $ 14,500 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 20,000 Total Funds Budgeted $ 389,300 State Funds Budgeted $ 276,300 Total Positions Budgeted 16 4. Intergovernmental Relations Budget: Personal Services $ 320,000 Regular Operating Expenses $ 24,000 Travel $ 22,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,500 Equipment Purchases $ 500 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 371,000 State Funds Budgeted $ 346,000 Total Positions Budgeted 19 5. Management Review Budget: Personal Services $ 297,000 Regular Operating Expenses $ 9,500 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 500 Other Contractual Expense $ 0 Total Funds Budgeted $ 312,500 State Funds Budgeted $ 262,500 Total Positions Budgeted 15 6. Policy Planning Budget: Personal Services $ 520,000 Regular Operating Expenses $ 23,000 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 500,000 Computer Charges $ 14,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,080,000 State Funds Budgeted $ 376,000 Total Positions Budgeted 30 7. Office of Consumer Affairs: Personal Services $ 601,565 Regular Operating Expenses $ 169,040 Travel $ 19,899 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 21,400 Equipment Purchases $ 1,495 Per Diem and Fees $ 10,120 Computer Charges $ 50,000 Other Contractual Expense $ 12,470 Total Funds Budgeted $ 885,989 Indirect DOAS Services Funding $ 85,650 State Funds Budgeted $ 436,740 Total Positions Budgeted 50 8. State Energy Office Budget: Personal Services $ 167,000 Regular Operating Expenses $ 24,000 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 10,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 208,000 State Funds Budgeted $ 158,000 Total Positions Budgeted 12 9. Georgia Post-Secondary Education Commission Budget: Personal Services $ 73,000 Regular Operating Expenses $ 11,500 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 1,500 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 90,500 State Funds Budgeted $ 40,300 Total Positions Budgeted 4 10. Intern Program Budget: Personal Services $ 45,000 Regular Operating Expenses $ 2,800 Travel $ 1,300 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,800 Equipment Purchases $ 650 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Intern Stipends $ 25,000 Total Funds Budgeted $ 76,550 State Funds Budgeted $ 76,550 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 2,716,865 Regular Operating Expenses $ 314,340 Travel $ 86,199 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 61,700 Equipment Purchases $ 7,195 Per Diem and Fees $ 557,120 Computer Charges $ 65,500 Other Contractual Expense $ 32,970 Art Grants $ 300,000 Payments to Regional Commissions $ 181,200 Intern Stipends $ 25,000 Total Positions Budgeted 170 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. Section 26. Department of Human Resources . A. Budget Unit: Departmental Operations $ 129,251,587 1. General Administration and Support Budget: Personal Services $ 8,164,850 Regular Operating Expenses $ 1,342,603 Travel $ 226,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 40,000 Equipment Purchases $ 25,263 Per Diem and Fees $ 50,000 Computer Charges $ 1,758,286 Other Contractual Expense $ 100,000 Total Funds Budgeted $ 11,707,002 Indirect DOAS Services Funding $ 1,403,350 Agency Funds $ 4,854,796 State Funds Budgeted $ 5,448,856 Total Positions Budgeted 616 2. Special Programs: Personal Services $ 481,000 Regular Operating Expenses $ 86,400 Travel $ 30,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 0 Per Diem and Fees $ 19,000 Computer Charges $ 10,000 Other Contractual Expense $ 23,515 Total Funds Budgeted $ 655,915 Indirect DOAS Services Funding $ 9,610 Agency Funds $ 298,773 State Funds Budgeted $ 347,532 Total Positions Budgeted 31 3. Physical HealthProgram Direction and Support Budget: Personal Services $ 1,228,000 Regular Operating Expenses $ 185,000 Travel $ 23,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,000 Equipment Purchases $ 0 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,452,000 Indirect DOAS Services Funding $ 90,500 Agency Funds $ 17,602 State Funds Budgeted $ 1,343,898 Total Positions Budgeted 91 4. Physical HealthFamily Health Budget: Personal Services $ 3,695,000 Regular Operating Expenses $ 1,079,100 Travel $ 220,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 40,000 Equipment Purchases $ 16,000 Per Diem and Fees $ 550,000 Computer Charges $ 110,000 Other Contractual Expense $ 3,838,572 Regional Grants for Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,034,626 Kidney Disease Benefits $ 300,000 Cancer Control Benefits $ 459,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Midwifery Program Benefits $ 175,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 2,986,000 Family Planning Benefits $ 919,880 Total Funds Budgeted $ 17,673,178 Indirect DOAS Services Funding $ 130,360 Agency Funds $ 9,616,634 State Funds Budgeted $ 7,926,184 Total Positions Budgeted 342 5. Physical HealthCommunity Health Budget: Personal Services $ 5,045,000 Regular Operating Expenses $ 1,046,200 Travel $ 225,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 40,000 Equipment Purchases $ 7,000 Per Diem and Fees $ 140,000 Computer Charges $ 18,540 Other Contractual Expense $ 268,000 Facilities Construction Grants $ 8,500,000 Total Funds Budgeted $ 15,289,740 Indirect DOAS Services Funding $ 17,650 Agency Funds $ 5,311,459 State Funds Budgeted $ 9,960,631 Total Positions Budgeted 351 6. Physical HealthLocal Services Budget: Personal Services $ 5,510,000 Regular Operating Expenses $ 429,770 Travel $ 359,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 34,000 Per Diem and Fees $ 185,000 Computer Charges $ 0 Other Contractual Expense $ 312,000 Grant for DeKalb County Mental Retardation Project $ 106,646 Grant for Chatham County Mental Retardation Project $ 102,464 Grant-In-Aid to Counties $ 9,028,977 Total Funds Budgeted $ 16,071,857 Indirect DOAS Services Funding $ 53,200 Agency Funds $ 3,421,471 State Funds Budgeted $ 12,597,186 Total Positions Budgeted 356 7. Mental HealthProgram Direction and Support Budget: Personal Services $ 989,000 Regular Operating Expenses $ 82,800 Travel $ 90,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,000 Equipment Purchases $ 0 Per Diem and Fees $ 10,000 Computer Charges $ 100,000 Other Contractual Expense $ 414,500 Total Funds Budgeted $ 1,694,300 Indirect DOAS Services Funding $ 122,370 Agency Funds $ 472,130 State Funds Budgeted $ 1,099,800 Total Positions Budgeted 57 8. Drug Abuse Prevention and Abatement Budget: Personal Services $ 1,443,000 Regular Operating Expenses $ 232,780 Travel $ 45,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 200 Per Diem and Fees $ 86,720 Computer Charges $ 85,250 Other Contractual Expense $ 2,426,000 Total Funds Budgeted $ 4,324,950 Indirect DOAS Services Funding $ 105,250 Agency Funds $ 3,324,000 State Funds Budgeted $ 895,700 Total Positions Budgeted 122 9. Mental HealthLocal Services Budget: Personal Services $ 213,000 Regular Operating Expenses $ 3,200 Travel $ 17,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 420 Equipment Purchases $ 0 Per Diem and Fees $ 100 Computer Charges $ 0 Other Contractual Expense $ 147,000 Benefits for Family Living Care $ 1,125,000 Contracts with Day Care Centers for the Mentally Retarded $ 24,089,024 Grants for Alcoholism Community Treatment Programs $ 2,300,000 Grants for Drug Abuse Community Treatment Programs $ 500,000 Grants for Child Mental Health $ 1,000,000 Grants for Adult Mental Health $ 3,600,000 Foster Grandparent Program $ 65,000 Group Homes for the Mentally Retarded $ 1,635,000 Total Funds Budgeted $ 34,694,744 Agency Funds $ 15,686,384 State Funds Budgeted $ 19,008,360 Total Positions Budgeted 21 10. Community Social Services and Administration: Personal Services $ 3,189,000 Regular Operating Expenses $ 372,000 Travel $ 200,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 45,000 Equipment Purchases $ 11,000 Per Diem and Fees $ 14,000 Computer Charges $ 495,000 Other Contractual Expense $ 127,000 Total Funds Budgeted $ 4,453,000 Indirect DOAS Services Funding $ 546,558 Agency Funds $ 3,121,781 State Funds Budgeted $ 784,661 Total Positions Budgeted 261 11. Purchase of Social Services: Personal Services $ 0 Regular Operating Expenses $ 200,000 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 $ 21,981,551 W.I.N. Benefits $ 2,000,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 6,778,942 Total Funds Budgeted $ 31,090,493 Agency Funds $ 25,809,396 State Funds Budgeted $ 5,281,097 Total Positions Budgeted 0 12. Community Youth Services: Personal Services $ 3,339,000 Regular Operating Expenses $ 492,000 Travel $ 236,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,500 Equipment Purchases $ 10,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 4,079,500 Indirect DOAS Services Funding $ 82,640 Agency Funds $ 1,895,500 State Funds Budgeted $ 2,101,360 Total Positions Budgeted 342 13. Services to the Aged Budget: Personal Services $ 355,000 Regular Operating Expenses $ 52,300 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 0 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 4,000 Areawide and Community Grants $ 1,457,178 Nutrition Grants $ 2,980,927 Total Funds Budgeted $ 4,869,405 Indirect DOAS Services Funding $ 11,240 Agency Funds $ 4,415,868 State Funds Budgeted $ 442,297 Total Positions Budgeted 24 14. Vocational RehabilitationProgram Direction and Support Budget: Personal Services $ 560,000 Regular Operating Expenses $ 68,000 Travel $ 25,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,000 Equipment Purchases $ 0 Per Diem and Fees $ 15,000 Computer Charges $ 210,000 Other Contractual Expense $ 40,995 Grants for Nephrology Centers $ 185,000 Total Funds Budgeted $ 1,110,995 Indirect DOAS Services Funding $ 150,000 Agency Funds $ 795,995 State Funds Budgeted $ 165,000 Total Positions Budgeted 35 15. Vocational RehabilitationFacilities Budget: Personal Services $ 7,876,000 Regular Operating Expenses $ 4,367,000 Travel $ 102,000 Motor Vehicle Equipment Purchases $ 33,000 Publications and Printing $ 9,000 Equipment Purchases $ 109,000 Per Diem and Fees $ 141,000 Computer Charges $ 0 Other Contractual Expense $ 269,000 Total Funds Budgeted $ 12,906,000 Indirect DOAS Services Funding $ 82,650 Agency Funds $ 11,875,350 State Funds Budgeted $ 948,000 Total Positions Budgeted 698 16. Vocational RehabilitationServices Budget: Personal Services $ 8,921,000 Regular Operating Expenses $ 14,710,750 Travel $ 400,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 25,000 Per Diem and Fees $ 90,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 24,150,750 Indirect DOAS Services Funding $ 234,450 Agency Funds $ 18,717,879 State Funds Budgeted $ 5,198,421 Total Positions Budgeted 741 17. Vocational RehabilitationDisability Adjudication Budget: Personal Services $ 3,348,000 Regular Operating Expenses $ 3,593,000 Travel $ 80,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 50,000 Per Diem and Fees $ 125,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 7,197,000 Agency Funds $ 7,197,000 State Funds Budgeted $ 0 Total Positions Budgeted 279 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 Other Contractual Expense $ 0 SSI-Supplement Benefits $ 2,475,000 AFDC Benefits $ 120,086,782 Total Funds Budgeted $ 122,561,782 Agency Funds $ 88,352,723 State Funds Budgeted $ 34,209,059 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 $ 27,416,000 Grants to Counties for Social Services $ 24,292,000 Total Funds Budgeted $ 51,708,000 Agency Funds $ 32,277,000 State Funds Budgeted $ 19,431,000 Total Positions Budgeted 0 20. Benefits PaymentsProgram Administration and Support Budget: Personal Services $ 2,502,326 Regular Operating Expenses $ 763,944 Travel $ 179,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 12,670 Per Diem and Fees $ 9,000 Computer Charges $ 700,000 Other Contractual Expense $ 794,150 Total Funds Budgeted $ 4,961,090 Agency Funds $ 2,548,545 Indirect DOAS Services Funding $ 350,000 State Funds Budgeted $ 2,062,545 Total Positions Budgeted 186 Budget Unit Object Classes: Personal Services $ 56,859,176 Regular Operating Expenses $ 29,106,847 Travel $ 2,472,000 Motor Vehicle Equipment Purchases $ 33,000 Publications and Printing $ 230,920 Equipment Purchases $ 300,133 Per Diem and Fees $ 1,437,820 Computer Charges $ 3,487,076 Other Contractual Expense $ 30,746,283 Grants for Regional Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,034,626 Kidney Disease Benefits $ 300,000 Cancer Control Benefits $ 459,000 Benefits For Medically Indigent High Risk Pregnant Women and Their Infants $ 2,986,000 Family Planning Benefits $ 919,880 Benefits for Midwifery Program $ 175,000 Facilities Construction Grants $ 8,500,000 Grants for DeKalb County Mental Retardation Project $ 106,646 Grants for Chatham County Mental Retardation Project $ 102,464 Grant-In-Aid to Counties $ 9,028,977 Benefits for Family Living Care Contracts with Day Care Centers for the Mentally Retarded $ 24,089,024 Grants for Alcoholism Community Treatment Programs $ 2,300,000 Grants for Child Mental Health $ 1,000,000 Grants for Adult Mental Health $ 3,600,000 Foster Grandparent Program $ 65,000 Group Homes for the Mentally Retarded $ 1,635,000 Work Incentive Benefits $ 2,000,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 6,778,942 Areawide and Community Grants $ 1,457,178 Nutrition Grants $ 2,980,927 Grants for Nephrology Centers $ 185,000 SSI-Supplement Benefits $ 2,475,000 AFDC Benefits $ 120,086,782 Local Services Benefits Payments Grants $ 27,416,000 Grants for Drug Abuse Community Treatment Programs $ 500,000 Grants to Counties for Social Services $ 24,292,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Total Positions Budgeted 4,553 Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clothing factor for the Hemophilia Program and for no other purpose. Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta. Provided, that of the above appropriation, $437,000 is designated and committed for 12-1/2% matching for Day Care Centers in the Appalachian Region. 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 HealthLocal Services Budget not less than $100,000 is committed for continuation of 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, $45,000 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 no State funds shall be used for advertising the Food Stamp program or other welfare program unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising. 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 to the Physical Health-Community Health Activity at least $147,000 is designated and committed for the Phenylketonuria (P. K. U.) Disease Prevention Testing. Provided that to the extent that Federal Vocational Rehabilitation funds are realized in excess of the amounts of such funds contemplated in this Act, the office of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal funds not to be realized. Provided further the Department is hereby authorized to use at least $262,000 of the State funds appropriated for Contracts with Day Care Centers for the Mentally Retarded for the purpose of purchasing mini-buses. There is hereby appropriated $31,734,059 in State funds for the purpose of making AFDC benefit payments and Child Support Recovery payments to the State Treasury. Provided that for Fiscal 1977, the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $106 $42 2 161 77 3 193 115 4 227 148 5 260 169 6 282 184 7 305 199 8 324 199 9 341 199 10 365 199 11 or more 390 199 Provided further that in the event the AFDC benefits appropriation for Fiscal 1977 should be insufficient to support the maximum payment schedule listed above, the Department of Human Resources is directed to reduce monthly benefit payments in sufficient amounts to insure the adequacy of the AFDC benefits appropriation to make such payments for the entire fiscal year. Provided, further that the Department of Human Resources shall not increase beyond the February, 1976 level the percentage of need used in making the monthly benefit calculations, nor otherwise change the factors used in calculating monthly benefit payments so as to cause any increases thereof, other than mandatory changes resulting from Federal or Judicial mandate. B. Budget Unit: Medicaid Services $ 106,923,091 Medical Services Budget: Personal Services $ 1,347,000 Regular Operating Expenses $ 341,020 Travel $ 17,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 35,000 Equipment Purchases $ 9,900 Per Diem and Fees $ 2,000 Computer Charges $ 3,160,000 Other Contractual Expense $ 45,000 Medicaid Benefits $ 320,987,897 Payments to Counties for Adult Mental Health $ 1,100,000 Payments to Counties for Child Mental Health $ 160,000 Payments to Counties for Alcoholism $ 360,000 Contracts for Hospital Audits $ 147,000 Contract with Delta Dental Plan of Georgia $ 400,000 Contract with Georgia Medical Care Foundation $ 1,000,000 Reserve for Provider Audits $ 500,000 Total Funds Budgeted $ 329,612,317 Indirect DOAS Services Funding $ 1,178,612 Agency Funds $ 221,510,614 State Funds Budgeted $ 106,923,091 Total Positions Budgeted 128 Budget Unit Object Classes: Personal Services $ 1,347,000 Regular Operating Expenses $ 341,020 Travel $ 17,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 35,000 Equipment Purchases $ 9,900 Per Diem and Fees $ 2,000 Computer Charges $ 3,160,000 Other Contractual Expense $ 45,000 Medicaid Benefits $ 320,987,897 Payments to Counties for Adult Mental Health $ 1,100,000 Payments to Counties for Child Mental Health $ 160,000 Payments to Counties for Alcoholism $ 360,000 Contracts for Hospital Audits $ 147,000 Contract with Delta Dental Plan of Georgia $ 400,000 Contract with Georgia Medical Care Foundation $ 1,000,000 Reserve for Provider Audits $ 500,000 Total Positions Budgeted 128 Provided that none of the appropriation to the Reserve for Provider Audits shall be encumbered in any way until transferred to the appropriate object class or classes by action of the Fiscal Affairs Subcommittees of the House and Senate as provided by law. C. Budget Unit: Mental Health and Youth Development Institutions $ 129,913,359 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 4,810,000 Regular Operating Expenses $ 991,712 Travel $ 11,500 Motor Vehicle Equipment Purchases $ 4,400 Publications and Printing $ 1,200 Equipment Purchases $ 4,400 Per Diem and Fees $ 73,000 Computer Charges $ 70,000 Other Contractual Expense $ 107,660 Authority Lease Rentals $ 387,000 Total Funds Budgeted $ 6,460,872 Indirect DOAS Services Funding $ 70,000 State Funds Budgeted $ 5,944,872 Total Positions Budgeted 497 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 5,925,000 Regular Operating Expenses $ 1,291,213 Travel $ 6,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,950 Equipment Purchases $ 0 Per Diem and Fees $ 95,000 Computer Charges $ 82,000 Other Contractual Expense $ 15,824 Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 7,932,587 Indirect DOAS Services Funding $ 82,000 State Funds Budgeted $ 7,250,287 Total Positions Budgeted 612 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 4,738,000 Regular Operating Expenses $ 825,518 Travel $ 11,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 7,150 Per Diem and Fees $ 68,000 Computer Charges $ 69,000 Other Contractual Expense $ 12,000 Authority Lease Rentals $ 500,000 Total Funds Budgeted $ 6,230,868 Indirect DOAS Services Funding $ 69,000 State Funds Budgeted $ 5,686,868 Total Positions Budgeted 523 4. West Central Georgia Regional Hospital Budget: Personal Services $ 4,610,000 Regular Operating Expenses $ 902,528 Travel $ 7,100 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,075 Equipment Purchases $ 8,500 Per Diem and Fees $ 42,000 Computer Charges $ 65,000 Other Contractual Expense $ 0 Authority Lease Rentals $ 646,500 Total Funds Budgeted $ 6,282,703 Indirect DOAS Services Funding $ 65,000 State Funds Budgeted $ 6,039,203 Total Positions Budgeted 502 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 6,150,000 Regular Operating Expenses $ 1,461,754 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 1,700 Equipment Purchases $ 19,250 Per Diem and Fees $ 32,550 Computer Charges $ 75,000 Other Contractual Expense $ 0 Capital Outlay $ 0 Authority Lease Rentals $ 853,500 Total Funds Budgeted $ 8,618,754 Indirect DOAS Services Funding $ 75,000 State Funds Budgeted $ 8,029,715 Total Positions Budgeted 646 6. Gracewood State School and Hospital Budget: Personal Services $ 13,396,000 Regular Operating Expenses $ 2,873,251 Travel $ 17,500 Motor Vehicle Equipment Purchases $ 11,500 Publications and Printing $ 800 Equipment Purchases $ 33,850 Per Diem and Fees $ 41,000 Computer Charges $ 71,000 Other Contractual Expense $ 132,123 Capital Outlay $ 0 Authority Lease Rentals $ 117,000 Total Funds Budgeted $ 16,694,024 Indirect DOAS Services Funding $ 171,000 State Funds Budgeted $ 12,203,024 Total Positions Budgeted 1,468 7. Southwestern State Hospital Budget: Personal Services $ 7,612,152 Regular Operating Expenses $ 1,572,183 Travel $ 17,400 Motor Vehicle Equipment Purchases $ 13,855 Publications and Printing $ 1,365 Equipment Purchases $ 35,700 Per Diem and Fees $ 43,135 Computer Charges $ 70,000 Other Contractual Expense $ 15,472 Capital Outlay $ 53,000 Total Funds Budgeted $ 9,434,262 Indirect DOAS Services Funding $ 70,000 State Funds Budgeted $ 8,307,127 Total Positions Budgeted 819 8. Georgia Retardation Center Budget: Personal Services $ 9,710,000 Regular Operating Expenses $ 2,794,790 Travel $ 17,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,500 Equipment Purchases $ 11,900 Per Diem and Fees $ 41,000 Computer Charges $ 102,100 Other Contractual Expense $ 14,000 Capital Outlay $ 0 Authority Lease Rentals $ 794,000 Total Funds Budgeted $ 13,487,790 Indirect DOAS Services Funding $ 102,100 State Funds Budgeted $ 11,969,341 Total Positions Budgeted 1,013 9. Georgia Mental Health Institute Budget: Personal Services $ 7,284,000 Regular Operating Expenses $ 1,594,611 Travel $ 22,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,500 Equipment Purchases $ 4,000 Per Diem and Fees $ 54,000 Computer Charges $ 60,810 Other Contractual Expense $ 410,112 Authority Lease Rentals $ 450,000 Total Funds Budgeted $ 9,881,233 Indirect DOAS Services Funding $ 160,810 State Funds Budgeted $ 9,259,423 Total Positions Budgeted 679 10. Central State Hospital Budget: Personal Services $ 41,986,928 Regular Operating Expenses $ 9,454,849 Travel $ 25,250 Motor Vehicle Equipment Purchases $ 39,000 Publications and Printing $ 738 Equipment Purchases $ 68,600 Per Diem and Fees $ 55,500 Computer Charges $ 360,000 Other Contractual Expense $ 78,428 Capital Outlay $ 0 Authority Lease Rentals $ 1,284,000 Outpatient and Aftercare Drug Purchases $ 750,000 Total Funds Budgeted $ 54,103,293 Indirect DOAS Services Funding $ 660,000 State Funds Budgeted $ 44,047,435 Total Positions Budgeted 4,863 11. State Youth Development Centers Budget: Personal Services $ 5,865,897 Regular Operating Expenses $ 1,408,060 Travel $ 7,700 Motor Vehicle Equipment Purchases $ 12,700 Publications and Printing $ 500 Equipment Purchases $ 14,435 Per Diem and Fees $ 33,900 Computer Charges $ 8,000 Other Contractual Expense $ 8,400 Capital Outlay $ 0 Total Funds Budgeted $ 7,359,592 State Funds Budgeted $ 7,275,592 Total Positions Budgeted 607 12. Regional Youth Development Centers Budget: Personal Services $ 2,190,000 Regular Operating Expenses $ 649,155 Travel $ 7,575 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 800 Equipment Purchases $ 9,600 Per Diem and Fees $ 63,380 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 0 Reserve for Operation of Clayton RYDC $ 246,000 Grants to County-Owned Detention Centers $ 250,000 Total Funds Budgeted $ 3,416,510 State Funds Budgeted $ 3,400,472 Total Positions Budgeted 286 13. Regular Operating Expenses Reserve Budget: Regular Operating Expenses Reserve $ 500,000 Total Funds Budgeted $ 500,000 State Funds Budgeted $ 500,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 114,277,977 Regular Operating Expenses $ 25,819,624 Travel $ 166,525 Motor Vehicle Equipment Purchases $ 91,455 Publications and Printing $ 16,128 Equipment Purchases $ 217,385 Per Diem and Fees $ 642,465 Computer Charges $ 1,032,910 Other Contractual Expense $ 794,019 Capital Outlay $ 53,000 Regular Operating Expenses Reserve $ 500,000 Grants to County-Owned Detention Centers $ 250,000 Authority Lease Rentals $ 5,545,000 Outpatient and Aftercare Drug Purchases $ 750,000 Reserve for Operation of Clayton RYDC $ 246,000 Total Positions Budgeted 12,515 Provided, that from the above appropriation relating to Capital Outlay: $53,000 is designated and committed for renovations of the sewage lift station, to meet Environmental Protection Agency requirements, at Southwestern State Hospital. Provided, that the Department is hereby authorized and directed to redirect $580,000 from funds available to the Georgia Building Authority for renovations, to meet Fire Marshal standards, at Northwest Georgia Regional Hospital ($300,000) and Gracewood State School and Hospital ($280,000). Provided, however, the Department is authorized to utilize from surplus funds appropriated for Personal Services at Georgia Regional Hospital at Savannah, an amount, not to exceed $200,000, for the purpose of funding an experimental pilot program for a community detoxification center, half-way house and educational program for alcoholics and drug abusers in Chatham County, Georgia, such pilot program to be administered by and under the direct supervision of the Commissioner of Human Resources. Section 27. Department of Labor . A. Budget Unit: Inspection Division $ 463,500 Inspection Division Budget: Personal Services $ 376,000 Regular Operating Expenses $ 25,000 Travel $ 60,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,500 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 500 Total Funds Budgeted $ 463,500 State Funds Budgeted $ 463,500 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 376,000 Regular Operating Expenses $ 25,000 Travel $ 60,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,500 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 500 Total Positions Budgeted 28 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund $ 2,926,644 1. Basic Employment Security Budget: Personal Services $ 14,630,000 Regular Operating Expenses $ 3,919,071 Travel $ 475,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,000 Equipment Purchases $ 38,000 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 675,000 Total Funds Budgeted $ 19,757,071 State Funds Budgeted $ 455,278 Total Positions Budgeted 1,069 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 3,127,033 Regular Operating Expenses $ 2,151,616 Travel $ 300,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,000 Equipment Purchases $ 30,000 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense (CETA) $ 25,000,000 CETA Direct Benefits $ 10,000,000 Total Funds Budgeted $ 40,628,649 State Funds Budgeted $ 0 Total Positions Budgeted 264 3. Correctional Services Budget: Personal Services $ 721,815 Regular Operating Expenses $ 31,000 Travel $ 14,550 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 20,000 Total Funds Budgeted $ 787,365 State Funds Budgeted $ 787,365 Total Positions Budgeted 53 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 $ 2,860,664 Regular Operating Expenses $ 405,373 Travel $ 100,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 10,300 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 2,510,908 W.I.N. Grants $ 951,768 Total Funds Budgeted $ 6,840,013 State Funds Budgeted $ 684,001 Total Positions Budgeted 232 Budget Unit Object Classes: Personal Services $ 21,339,512 Regular Operating Expenses $ 6,507,060 Travel $ 889,550 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 31,000 Equipment Purchases $ 78,300 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense (CETA) $ 25,000,000 Other Contractual Expense $ 3,205,908 W.I.N. Grants $ 951,768 Unemployment Compensation Reserve Fund $ 1,000,000 CETA Direct Benefits $ 10,000,000 Total Positions Budgeted 1,618 Section 28. Department of Law . Budget Unit: Department of Law $ 2,183,750 Attorney General's Office Budget: Regular Personal Services $ 1,830,617 Library Personal Services $ 112,883 Regular Operating Expenses $ 181,723 Travel $ 64,100 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 28,827 Equipment Purchases $ 3,800 Per Diem and Fees $ 115,000 Computer Charges $ 0 Books for State Library $ 32,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,368,950 State Funds Budgeted $ 2,183,750 Total Regular Positions Budgeted 89 Total Library Positions Budgeted 9 Budget Unit Object Classes: Regular Personal Services $ 1,830,617 Library Personal Services $ 112,883 Regular Operating Expenses $ 181,723 Travel $ 64,100 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 28,827 Equipment Purchases $ 3,800 Per Diem and Fees $ 115,000 Computer Charges $ 0 Other Contractual Expense $ 0 Books for State Library $ 32,000 Total Positions Budgeted 98 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 29. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration Agency Assessments $ 2,414,565 1. Applicant Services Budget: Personal Services $ 420,523 Regular Operating Expenses $ 33,250 Travel $ 2,975 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 23,075 Equipment Purchases $ 0 Per Diem and Fees $ 25,000 Computer Charges $ 136,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 640,823 Agency Assessments $ 640,823 Total Positions Budgeted 34 2. Classification and Compensation Budget: Personal Services $ 304,962 Regular Operating Expenses $ 9,500 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 19,000 Equipment Purchases $ 450 Per Diem and Fees $ 0 Computer Charges $ 65,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 406,912 Agency Assessments $ 406,912 Total Positions Budgeted 21 3. Employee Services Budget: Personal Services $ 232,450 Regular Operating Expenses $ 9,215 Travel $ 2,300 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 46,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 293,965 Agency Assessments $ 293,965 Total Positions Budgeted 19 4. Employee Training and Development Budget: Personal Services $ 203,420 Regular Operating Expenses $ 16,090 Travel $ 6,150 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,700 Equipment Purchases $ 1,200 Per Diem and Fees $ 1,600 Computer Charges $ 100 Other Contractual Expense $ 0 Total Funds Budgeted $ 233,260 Agency Assessments $ 233,260 Total Positions Budgeted 14 5. Health Insurance Administration Budget: Personal Services $ 187,650 Regular Operating Expenses $ 19,286 Travel $ 1,575 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,300 Equipment Purchases $ 910 Per Diem and Fees $ 26,000 Computer Charges $ 17,156 Other Contractual Expense $ 814,000 Health Insurance Claim Payments $ 25,700,000 Total Funds Budgeted $ 26,769,877 Employee and Employer Contributions $ 21,000,000 Total Positions Budgeted 16 6. Internal Administration Budget: Personal Services $ 248,609 Regular Operating Expenses $ 11,600 Travel $ 2,190 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,300 Equipment Purchases $ 0 Per Diem and Fees $ 1,900 Computer Charges $ 438,729 Other Contractual Expense $ 0 Federal Sub-grants to State and Local Agencies $ 252,755 Total Funds Budgeted $ 961,083 Agency Assessments $ 669,408 Total Positions Budgeted 17 7. Director Office Budget: Personal Services $ 142,497 Regular Operating Expenses $ 7,700 Travel $ 4,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,500 Equipment Purchases $ 500 Per Diem and Fees $ 13,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 170,197 Agency Assessments $ 170,197 Total Positions Budgeted 7 Budget Unit Object Classes: Personal Services $ 1,740,111 Regular Operating Expenses $ 106,641 Travel $ 27,690 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 60,875 Equipment Purchases $ 3,060 Per Diem and Fees $ 68,000 Computer Charges $ 702,985 Other Contractual Expense $ 814,000 Federal Sub-grants to State and Local Agencies $ 252,755 Health Insurance Claim Payments $ 25,700,000 Total Positions Budgeted 128 Provided, however, that the State Merit System of Personnel Administration is authorized to make only such unit assessment as is required to fund the level of expenditure contemplated for this budget unit in this Appropriations Act. Provided, that of the above appropriation relative to Per Diem and Fees, the department is authorized to spend up to $10,000 for the purpose of establishing the necessary funding level for a statewide teacher's health insurance program. Provided, however, the Department is authorized and directed to utilize up to $100,000 of agency assessments for the reorganization of the Merit System, including payments to consultants. Section 30. Department of Natural Resources . Budget Unit: Department of Natural Resources $ 27,377,776 1. Internal Administration Budget: Personal Services $ 1,045,000 Regular Operating Expenses $ 213,000 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 96,000 Equipment Purchases $ 8,000 Per Diem and Fees $ 27,000 Computer Charges $ 131,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,532,000 State Funds Budgeted $ 1,532,000 Total Positions Budgeted 83 2. Public Relations and Information Budget: Personal Services $ 320,637 Regular Operating Expenses $ 81,870 Travel $ 8,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 268,000 Equipment Purchases $ 3,000 Per Diem and Fees $ 3,000 Computer Charges $ 600 Other Contractual Expense $ 0 Total Funds Budgeted $ 685,607 State Funds Budgeted $ 685,607 Total Positions Budgeted 26 3. Planning and Research Budget: Personal Services $ 922,806 Regular Operating Expenses $ 89,990 Travel $ 38,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 52,000 Equipment Purchases $ 625 Per Diem and Fees $ 19,000 Computer Charges $ 3,000 Other Contractual Expense $ 98,000 Land and Water Conservation Grants $ 3,700,000 Recreation Grants $ 100,000 Total Funds Budgeted $ 5,023,421 State Funds Budgeted $ 1,033,074 Total Positions Budgeted 59 4. Game Management Budget: Personal Services $ 1,350,793 Regular Operating Expenses $ 536,205 Travel $ 17,000 Motor Vehicle Equipment Purchases $ 71,975 Publications and Printing $ 12,000 Equipment Purchases $ 28,000 Per Diem and Fees $ 2,500 Computer Charges $ 6,500 Other Contractual Expense $ 19,000 Maintenance for the South End of Sapelo Island $ 75,000 Capital Outlay $ 0 Total Funds Budgeted $ 2,118,973 State Funds Budgeted $ 1,106,473 Total Positions Budgeted 109 5. Fisheries Management Budget: Personal Services $ 1,375,000 Regular Operating Expenses $ 592,200 Travel $ 31,000 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 8,500 Equipment Purchases $ 45,000 Per Diem and Fees $ 2,000 Computer Charges $ 3,125 Other Contractual Expense $ 31,200 Capital Outlay - Hatchery Renovation $ 94,000 Total Funds Budgeted $ 2,212,025 State Funds Budgeted $ 1,732,025 Total Positions Budgeted 108 6. Law Enforcement Budget: Personal Services $ 3,050,000 Regular Operating Expenses $ 893,100 Travel $ 37,000 Motor Vehicle Equipment Purchases $ 172,580 Publications and Printing $ 29,400 Equipment Purchases $ 185,000 Per Diem and Fees $ 4,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 4,371,080 State Funds Budgeted $ 4,282,577 Total Positions Budgeted 243 7. Project Evaluation Budget: Personal Services $ 65,659 Regular Operating Expenses $ 10,780 Travel $ 2,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 300 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 79,339 State Funds Budgeted $ 79,339 Total Positions Budgeted 4 8. Coastal Marshlands Protection Budget: Personal Services $ 55,500 Regular Operating Expenses $ 8,635 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 4,300 Publications and Printing $ 650 Equipment Purchases $ 1,000 Per Diem and Fees $ 2,600 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 75,185 State Funds Budgeted $ 75,185 Total Positions Budgeted 3 9. State Parks and Historic Sites Operations Budget: Personal Services $ 3,976,000 Regular Operating Expenses $ 2,283,200 Travel $ 72,500 Motor Vehicle Equipment Purchases $ 45,000 Publications and Printing $ 45,300 Equipment Purchases $ 150,000 Per Diem and Fees $ 30,000 Computer Charges $ 0 Other Contractual Expense $ 28,500 Capital Outlay - Repairs and Maintenance $ 1,156,000 Capital Outlay - Shop Stock $ 150,000 Cost of Material for Resale $ 525,000 Authority Lease Rentals $ 2,526,000 Total Funds Budgeted $ 10,987,500 State Funds Budgeted $ 8,412,500 Total Positions Budgeted 337 10. Geologic and Water Resources Research Budget: Personal Services $ 516,000 Regular Operating Expenses $ 67,830 Travel $ 25,500 Motor Vehicle Equipment Purchases $ 4,200 Publications and Printing $ 26,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 2,500 Computer Charges $ 0 Other Contractual Expense $ 5,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 125,000 Topographic Mapping United States Geological Survey $ 545,000 Total Funds Budgeted $ 1,319,030 State Funds Budgeted $ 1,049,030 Total Positions Budgeted 33 11. Water Supply Budget: Personal Services $ 507,000 Regular Operating Expenses $ 40,630 Travel $ 23,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 4,650 Per Diem and Fees $ 0 Computer Charges $ 30,000 Other Contractual Expense $ 0 Fluoridation Grants $ 0 Total Funds Budgeted $ 611,780 State Funds Budgeted $ 611,780 Total Positions Budgeted 34 12. Water Quality Budget: Personal Services $ 1,937,000 Regular Operating Expenses $ 121,110 Travel $ 70,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 15,000 Per Diem and Fees $ 3,800 Computer Charges $ 75,000 Other Contractual Expense $ 350,000 Water and Sewer Grants $ 1,073,000 Total Funds Budgeted $ 3,670,410 State Funds Budgeted $ 2,440,410 Total Positions Budgeted 118 13. Air Quality Budget: Personal Services $ 1,175,000 Regular Operating Expenses $ 92,730 Travel $ 53,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 15,000 Per Diem and Fees $ 200 Computer Charges $ 50,000 Other Contractual Expense $ 5,216 Total Funds Budgeted $ 1,394,646 State Funds Budgeted $ 844,146 Total Positions Budgeted 74 14. Solid Waste Management Budget: Personal Services $ 615,000 Regular Operating Expenses $ 23,125 Travel $ 32,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,500 Equipment Purchases $ 1,500 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 0 Solid Waste Grants $ 2,000,000 Total Funds Budgeted $ 2,679,125 State Funds Budgeted $ 2,679,125 Total Positions Budgeted 35 15. Land Reclamation Budget: Personal Services $ 155,000 Regular Operating Expenses $ 27,055 Travel $ 10,750 Motor Vehicle Equipment Purchases $ 5,700 Publications and Printing $ 1,500 Equipment Purchases $ 0 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 202,005 State Funds Budgeted $ 202,005 Total Positions Budgeted 9 16. Heritage Trust Budget: Capital Outlay $ 50,000 Total Funds Budgeted $ 50,000 State Funds Budgeted $ 50,000 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 $ 62,500 Total Funds Budgeted $ 562,500 State Funds Budgeted $ 562,500 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 17,066,395 Regular Operating Expenses $ 5,081,460 Travel $ 436,850 Motor Vehicle Equipment Purchases $ 333,755 Publications and Printing $ 580,150 Equipment Purchases $ 458,775 Per Diem and Fees $ 99,600 Computer Charges $ 299,225 Other Contractual Expense $ 536,916 Land and Water Conservation Grants $ 3,700,000 Recreation Grants $ 100,000 Fluoridation Grants $ 0 Water and Sewer Grants $ 1,073,000 Solid Waste Grants $ 2,000,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 125,000 Contract with U.S. Geological Survey for Topographic Maps $ 545,000 Payments to Lake Lanier Islands Development Authority for Operations $ 500,000 Capital Outlay - Hatchery Renovation $ 94,000 Capital Outlay - Repairs and Maintenance $ 1,156,000 Capital Outlay - Shop Stock $ 150,000 Capital Outlay - Heritage Trust $ 50,000 Authority Lease Rentals $ 2,526,000 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 62,500 Cost of Material for Resale $ 525,000 Maintenance for the South End of Sapelo Island $ 75,000 Total Positions Budgeted 1,275 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 State 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 Capital Outlay, $62,500 is designated and committed for matching Federal funds to provide $125,000 for a pavilion at the Sloppy Floyd Recreation Center. Section 31. Department of Offender Rehabilitation . A. Budget Unit: Department of Corrections $ 2,939,709 1. General Administration and Support Budget: Personal Services $ 1,995,000 Regular Operating Expenses $ 389,328 Travel $ 56,000 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 23,700 Equipment Purchases $ 3,350 Per Diem and Fees $ 20,000 Computer Charges $ 143,935 Other Contractual Expense $ 60,000 Mentally Retarded Offender Program $ 1,000 Total Funds Budgeted $ 2,712,313 State Funds Budgeted $ 2,712,313 Total Positions Budgeted 149 2. Construction, Maintenance, and Special Projects Budget: Personal Services $ 165,000 Regular Operating Expenses $ 34,396 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 1,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 227,396 State Funds Budgeted $ 227,396 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 2,160,000 Regular Operating Expenses $ 423,724 Travel $ 74,000 Motor Vehicle Equipment Purchases $ 29,000 Publications and Printing $ 24,700 Equipment Purchases $ 3,350 Per Diem and Fees $ 20,000 Computer Charges $ 143,935 Other Contractual Expense $ 60,000 Mentally Retarded Offender Program $ 1,000 Capital Outlay $ 0 Total Positions Budgeted 160 Provided, that of the above appropriation for the Mentally Retarded Offender Program, the department be authorized to present to the Fiscal Affairs Committees any possible surplus to increase the program up to $150,000. B. Budget Unit: Correctional Institutions $ 35,699,117 1. Georgia Training and Development Center Budget: Personal Services $ 730,896 Regular Operating Expenses $ 220,162 Travel $ 2,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 125 Equipment Purchases $ 13,150 Per Diem and Fees $ 22,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 988,533 State Funds Budgeted $ 978,678 Total Positions Budgeted 66 2. Georgia Industrial Institute Budget: Personal Services $ 2,461,890 Regular Operating Expenses $ 1,090,092 Travel $ 6,422 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 700 Equipment Purchases $ 48,432 Per Diem and Fees $ 6,420 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 3,613,956 State Funds Budgeted $ 3,576,999 Total Positions Budgeted 226 3. Georgia Diagnostic and Classification Center Budget: Personal Services $ 2,990,000 Regular Operating Expenses $ 866,764 Travel $ 4,700 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 39,230 Per Diem and Fees $ 45,941 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 0 Authority Lease Rentals $ 0 Total Funds Budgeted $ 3,947,635 State Funds Budgeted $ 3,901,645 Total Positions Budgeted 281 4. Georgia State Prison Budget: Personal Services $ 5,043,989 Regular Operating Expenses $ 2,795,429 Travel $ 4,789 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 63,486 Per Diem and Fees $ 24,400 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 37,000 Total Funds Budgeted $ 7,970,093 State Funds Budgeted $ 7,822,001 Total Positions Budgeted 454 5. Consolidated Branches Budget: Personal Services $ 3,719,985 Regular Operating Expenses $ 1,342,388 Travel $ 17,973 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,400 Equipment Purchases $ 64,193 Per Diem and Fees $ 77,840 Computer Charges $ 0 Other Contractual Expense $ 0 Payments to Central State Hospital for Meals $ 259,318 Total Funds Budgeted $ 5,484,097 State Funds Budgeted $ 5,031,730 Total Positions Budgeted 343 6. Montgomery Correctional Institution Budget: Personal Services $ 682,000 Regular Operating Expenses $ 268,465 Travel $ 2,700 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 400 Equipment Purchases $ 19,088 Per Diem and Fees $ 7,200 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 979,853 State Funds Budgeted $ 943,997 Total Positions Budgeted 59 7. Walker Correctional Institution Budget: Personal Services $ 646,045 Regular Operating Expenses $ 268,236 Travel $ 2,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 400 Equipment Purchases $ 14,057 Per Diem and Fees $ 6,600 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 0 Total Funds Budgeted $ 937,938 State Funds Budgeted $ 928,083 Total Positions Budgeted 61 8. Georgia Women's Correctional Institution Budget: Personal Services $ 1,022,983 Regular Operating Expenses $ 268,080 Travel $ 2,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 400 Equipment Purchases $ 2,200 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,295,863 State Funds Budgeted $ 1,278,617 Total Positions Budgeted 99 9. West Georgia Community Correctional Institution Budget: Personal Services $ 1,236,899 Regular Operating Expenses $ 404,964 Travel $ 3,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 5,000 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,660,563 State Funds Budgeted $ 1,648,244 Total Positions Budgeted 143 10. Youthful Offender Institution Budget: Personal Services $ 2,030,083 Regular Operating Expenses $ 400,405 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 800 Equipment Purchases $ 5,000 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0 Payments to Central State Hospital for Meals $ 972,196 Payments to Central State Hospital for Utilities $ 86,000 Total Funds Budgeted $ 3,508,484 State Funds Budgeted $ 3,473,171 Total Positions Budgeted 213 11. Talmadge Memorial Hospital Unit Budget: Personal Services $ 185,024 Regular Operating Expenses $ 8,165 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 Expenses $ 0 Total Funds Budgeted $ 194,689 State Funds Budgeted $ 194,689 Total Positions Budgeted 20 12. Food Processing and Distribution Unit Budget: Personal Services $ 120,774 Regular Operating Expenses $ 91,846 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 68,000 Publications and Printing $ 0 Equipment Purchases $ 185,675 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Payments to Central State Hospital for Utilities $ 6,000 Total Funds Budgeted $ 474,295 State Funds Budgeted $ 474,295 Total Positions Budgeted 12 13. Institutional Support Budget: Personal Services $ 180,386 Personal Services - Overtime $ 30,000 Regular Operating Expenses $ 418,528 Travel $ 12,804 Motor Vehicle Equipment Purchases $ 379,750 Publications and Printing $ 500 Equipment Purchases $ 61,900 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 840,000 Court Costs $ 200,000 County Subsidy $ 2,793,000 Inmate Release Fund $ 430,000 Outside Health Service Purchases $ 260,100 Total Funds Budgeted $ 5,606,968 State Funds Budgeted $ 5,446,968 Total Positions Budgeted 10 Budget Unit Object Classes: Personal Services $ 21,080,954 Regular Operating Expenses $ 8,443,524 Travel $ 67,088 Motor Vehicle Equipment Purchases $ 447,750 Publications and Printing $ 8,225 Equipment Purchases $ 521,411 Per Diem and Fees $ 210,401 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 840,000 Capital Outlay $ 37,000 Court Costs $ 200,000 Inmate Release Fund $ 430,000 County Subsidy $ 2,793,000 Payments to Central State Hospital for Meals $ 1,231,514 Payments tp Central State Hospital for Utilities $ 92,000 Outside Health Service Purchases $ 260,100 Total Position Budgeted 1,987 Provided, that of the above appropriation relating to Capital Outlay, $37,000 is designated and committed to complete the second phase of an irrigation system at Georgia State Prison. Provided, that of the above appropriation relating to Regular Operating Expenses, $100,000 is designated and committed for repairs and maintenance on the State-owned staff housing units located at the various correctional institutions. C. Budget Unit: Department of Offender Rehabilitation $ 7,152,302 1. Probation and Parole Field Supervision Budget: Personal Services $ 273,000 Regular Operating Expenses $ 20,000 Travel $ 6,934 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 300 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 300,734 State Funds Budgeted $ 300,734 Total Positions Budgeted 15 2. Probation/Parole Field Operations Budget: Personal Services $ 4,070,671 Regular Operating Expenses $ 331,206 Travel $ 201,625 Motor Vehicle Equipment Purchases $ 18,259 Publications and Printing $ 2,500 Equipment Purchases $ 15,705 Per Diem and Fees $ 7,626 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 4,647,592 State Funds Budgeted $ 4,647,592 Total Positions Budgeted 384 3. Community Centers Administration Budget: Personal Services $ 165,000 Regular Operating Expenses $ 27,000 Travel $ 6,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 200 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 198,200 State Funds Budgeted $ 198,200 Total Positions Budgeted 10 4. Work Release Centers Budget: Personal Services $ 303,000 Regular Operating Expenses $ 246,000 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 400 Equipment Purchases $ 5,000 Per Diem and Fees $ 13,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 569,900 State Funds Budgeted $ 568,925 Total Positions Budgeted 29 5. Transitional Centers Budget: Personal Services $ 259,196 Regular Operating Expenses $ 165,510 Travel $ 2,100 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 170 Equipment Purchases $ 1,500 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 433,476 State Funds Budgeted $ 404,451 Total Positions Budgeted 26 6. Women's Pre-Release Center Budget: Personal Services $ 202,000 Regular Operating Expenses $ 190,000 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 300 Equipment Purchases $ 5,000 Per Diem and Fees $ 11,000 Computer Charges $ 0 Other Contractual Expense $ 3,600 Total Funds Budgeted $ 414,400 State Funds Budgeted $ 414,400 Total Positions Budgeted 21 7. Andromeda Center Budget: Personal Services $ 181,377 Regular Operating Expenses $ 153,003 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 16,500 Publications and Printing $ 0 Equipment Purchases $ 6,400 Per Diem and Fees $ 16,200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 378,480 State Funds Budgeted $ 118,000 Total Positions Budgeted 17 8. Restitution Shelters Budget: Personal Services $ 371,000 Regular Operating Expenses $ 145,490 Travel $ 4,600 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 1,000 Equipment Purchases $ 0 Per Diem and Fees $ 11,200 Computer Charges $ 0 Other Contractual Expense $ 300 Total Funds Budgeted $ 537,590 State Funds Budgeted $ 500,000 Total Positions Budgeted 34 Budget Unit Object Classes: Personal Services $ 5,825,244 Regular Operating Expenses $ 1,278,209 Travel $ 231,259 Motor Vehicle Equipment Purchases $ 38,759 Publications and Printing $ 5,070 Equipment Purchases $ 33,905 Per Diem and Fees $ 64,026 Computer Charges $ 0 Other Contractual Expense $ 3,900 Total Positions Budgeted 536 D. Budget Unit: Board of Pardons and Paroles $ 1,675,094 Board of Pardons and Paroles Budget: Personal Services $ 1,471,000 Regular Operating Expenses $ 110,294 Travel $ 78,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,200 Equipment Purchases $ 1,400 Per Diem and Fees $ 11,200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,675,094 State Funds Budgeted $ 1,675,094 Total Positions Budgeted 122 Budget Unit Object Classes: Personal Services $ 1,471,000 Regular Operating Expenses $ 110,294 Travel $ 78,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,200 Equipment Purchases $ 1,400 Per Diem and Fees $ 11,200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Positions Budgeted 122 Section 32. Department of Public Safety . Budget Unit: Department of Public Safety $ 23,727,346 1. Office of Highway Safety Budget: Personal Services $ 257,112 Regular Operating Expenses $ 30,300 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 9,200 Computer Charges $ 1,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 321,612 State Funds Budgeted $ 0 Total Positions Budgeted 16 2. Commissioner's Office Budget: Personal Services $ 385,000 Regular Operating Expenses $ 46,259 Travel $ 4,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 3,680 Per Diem and Fees $ 750 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 465,189 State Funds Budgeted $ 465,189 Total Positions Budgeted 22 3. Staff Services Budget: Personal Services $ 742,000 Regular Operating Expenses $ 1,070,548 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 52,400 Equipment Purchases $ 1,000 Per Diem and Fees $ 3,250 Computer Charges $ 40,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,911,698 State Funds Budgeted $ 1,911,698 Total Positions Budgeted 63 4. Georgia State Patrol Budget: Personal Services $ 15,910,000 Regular Operating Expenses $ 2,095,052 Travel $ 161,178 Motor Vehicle Equipment Purchases $ 798,713 Publications and Printing $ 760,103 Equipment Purchases $ 120,000 Per Diem and Fees $ 16,842 Computer Charges $ 1,437,560 Other Contractual Expense $ 0 Capital Outlay $ 11,735 Conviction Reports $ 164,000 Total Funds Budgeted $ 21,475,183 Indirect DOAS Services Funding $ 600,000 State Funds Budgeted $ 20,740,674 Total Positions Budgeted 1,162 5. Mandate TrainingOperations Budget: Personal Services $ 265,754 Regular Operating Expenses $ 354,139 Travel $ 13,672 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,993 Equipment Purchases $ 46,651 Per Diem and Fees $ 3,848 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 690,057 State Funds Budgeted $ 223,390 Total Positions Budgeted 17 6. Police Academy: Personal Services $ 290,000 Regular Operating Expenses $ 99,923 Travel $ 9,952 Motor Vehicle Equipment Purchases $ 16,200 Publications and Printing $ 6,980 Equipment Purchases $ 17,790 Per Diem and Fees $ 30,050 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 470,895 State Funds Budgeted $ 386,395 Total Positions Budgeted 17 Budget Unit Object Classes: Personal Services $ 17,849,866 Regular Operating Expenses $ 3,696,221 Travel $ 206,802 Motor Vehicle Equipment Purchases $ 814,913 Publications and Printing $ 857,476 Equipment Purchases $ 191,121 Per Diem and Fees $ 63,940 Computer Charges $ 1,478,560 Other Contractual Expense $ 0 Capital Outlay $ 11,735 Conviction Reports $ 164,000 Total Positions Budgeted 1,297 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 for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report. Provided, however, that of the above appropriation $11,735 is designated and committed to renovate and equip the Rome State Patrol Post. Provided, however, of the above appropriation $4,568 is designated and committed for compensation payments to Brooks County. Section 33. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 8,557,180 Departmental Operations Budget: Payments to Employees' Retirement System $ 279,000 Employer Contributions $ 8,278,180 Total Funds Budgeted $ 8,557,180 State Funds Budgeted $ 8,557,180 Budget Unit Object Classes: Payments to Employees' Retirement System $ 279,000 Employer Contributions $ 8,278,180 Section 34. Public Service Commission . Budget Unit: Public Service Commission $ 2,217,697 1. Administration Budget: Personal Services $ 522,000 Regular Operating Expenses $ 31,855 Travel $ 6,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,250 Equipment Purchases $ 1,000 Per Diem and Fees $ 4,000 Computer Charges $ 0 Other Contractual Expense $ 100,000 Total Funds Budgeted $ 666,605 State Funds Budgeted $ 666,605 Total Positions Budgeted 27 2. Transportation Budget: Personal Services $ 530,500 Regular Operating Expenses $ 91,986 Travel $ 28,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 1,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 659,986 State Funds Budgeted $ 659,986 Total Positions Budgeted 42 3. Utilities Budget: Personal Services $ 765,200 Regular Operating Expenses $ 69,106 Travel $ 60,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,300 Equipment Purchases $ 2,500 Per Diem and Fees $ 55,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 956,106 State Funds Budgeted $ 891,106 Total Positions Budgeted 55 Budget Unit Object Classes: Personal Services $ 1,817,700 Regular Operating Expenses $ 192,947 Travel $ 94,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,550 Equipment Purchases $ 4,500 Per Diem and Fees $ 60,500 Computer Charges $ 0 Other Contractual Expense $ 100,000 Total Positions Budgeted 124 Section 35. Regents, University System of Georgia . A. Budget Unit: Resident Instruction and University System Institutions $ 273,122,297 1. Resident Instruction Budget: Personal Services $ 249,797,137 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 75,893,255 Teachers' Retirement $ 19,709,257 Capital Outlay $ 0 Authority Lease Rentals $ 22,596,000 Total Funds Budgeted $ 367,995,649 Indirect DOAS Services Funding $ 3,500,000 State Funds Budgeted $ 238,587,649 Total Positions Budgeted 15,761 Provided, that from appropriated funds in A, the amount of $22,596,000 in F.Y. 1977 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, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives. Provided, that revenue from student fees which exceeds the original budget estimates of student fees by $8,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate; 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. Provided, that $250,000 of the funds herein appropriated are designated and committed for converting Kennesaw Junior College to a four-year institution. 2. Marine Resources Extension Center Budget: Personal Services $ 268,788 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 119,302 Total Funds Budgeted $ 388,090 State Funds Budgeted $ 388,090 Total Positions Budgeted 25 3. Skidaway Institute of Oceanography Budget: Personal Services $ 806,235 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 758,546 Total Funds Budgeted $ 1,564,781 State Funds Budgeted $ 573,781 Total Positions Budgeted 36 4. Engineering Experiment Station Budget: Personal Services $ 6,899,140 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 2,152,000 Total Funds Budgeted $ 9,051,140 State Funds Budgeted $ 2,318,441 Total Positions Budgeted 201 5. Engineering Extension Division Budget: Personal Services $ 781,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 355,262 Total Funds Budgeted $ 1,136,262 State Funds Budgeted $ 424,807 Total Positions Budgeted 66 6. Agricultural Experiment Stations Budget: Personal Services $ 10,469,976 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 5,061,338 Total Funds Budgeted $ 15,531,314 State Funds Budgeted $ 9,939,593 Total Positions Budgeted 833 7. Cooperative Extension Service Budget: Personal Services $ 14,974,624 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 2,098,012 Total Funds Budgeted $ 17,072,636 State Funds Budgeted $ 8,916,636 Total Positions Budgeted 936 8. Talmadge Memorial Hospital Budget: Personal Services $ 19,413,638 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 7,672,156 Total Funds Budgeted $ 27,085,794 State Funds Budgeted $ 11,723,300 Total Positions Budgeted 1,873 9. Veterinary Medicine Experiment Station Budget: Personal Services $ 167,500 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 82,500 Total Funds Budgeted $ 250,000 State Funds Budgeted $ 250,000 Total Positions Budgeted 15 Budget Unit Object Classes: Personal Services $ 303,578,038 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 94,192,371 Teachers' Retirement $ 19,709,257 Capital Outlay $ 0 Authority Lease Rentals $ 22,596,000 Total Positions Budgeted 19,746 B. Budget Unit: Regents Central Office $ 8,727,885 Regents Central Office Budget: Personal Services $ 1,727,389 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 395,846 SREB Payments $ 1,019,650 Medical Scholarships $ 345,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,040,000 Total Funds Budgeted $ 8,727,885 State Funds Budgeted $ 8,727,885 Total Positions Budgeted 98 Budget Unit Object Classes: Personal Services $ 1,727,389 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 395,846 SREB Payments $ 1,019,650 Medical Scholarships $ 345,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,040,000 Total Positions Budgeted 98 Section 36. Department of Revenue . Budget Unit: Department of Revenue $ 18,373,900 1. Executive Administration Budget: Personal Services $ 621,000 County Tax Officials/Retirement and FICA $ 450,000 Regular Operating Expenses $ 350,400 Travel $ 7,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 111,200 Equipment Purchases $ 5,000 Per Diem and Fees $ 18,000 Computer Charges $ 35,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,598,000 Indirect DOAS Services Funding $ 25,000 State Funds Budgeted $ 1,573,000 Total Positions Budgeted 40 2. Internal Administration Budget: Personal Services $ 2,390,000 Regular Operating Expenses $ 686,000 Travel $ 1,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,300 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 55,700 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,135,000 Indirect DOAS Services Funding $ 45,000 State Funds Budgeted $ 3,090,000 Total Positions Budgeted 254 3. Property Tax Budget: Personal Services $ 744,000 Regular Operating Expenses $ 29,931 Travel $ 44,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 77,400 Equipment Purchases $ 2,573 Per Diem and Fees $ 46,000 Computer Charges $ 800,000 Other Contractual Expense $ 0 Loans to Counties/Property Reevaluation $ 171,596 Grants to Counties/Appraisal Staff $ 1,250,000 Intangible Tax Equalization Fund $ 0 Total Funds Budgeted $ 3,166,000 Repayment of Loans to Counties/Property Reevaluation $ 171,596 Indirect DOAS Services Funding $ 800,000 State Funds Budgeted $ 2,194,404 Total Positions Budgeted 58 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 $171,596 in F.Y. 1977. 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 $ 766,165 Regular Operating Expenses $ 75,980 Travel $ 2,320 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 55,200 Equipment Purchases $ 3,500 Per Diem and Fees $ 0 Computer Charges $ 415,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,318,165 Indirect DOAS Services Funding $ 415,000 State Funds Budgeted $ 903,165 Total Positions Budgeted 73 5. Motor Fuel Taxation Budget: Personal Services $ 382,000 Regular Operating Expenses $ 9,250 Travel $ 1,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 45,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 101,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 539,000 Indirect DOAS Services Funding $ 101,000 State Funds Budgeted $ 438,000 Total Positions Budgeted 35 6. Income Taxation Budget: Personal Services $ 1,334,000 Regular Operating Expenses $ 174,150 Travel $ 2,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 237,450 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 1,500,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,248,000 Indirect DOAS Services Funding $ 1,500,000 State Funds Budgeted $ 1,748,000 Total Positions Budgeted 115 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,625,000 Regular Operating Expenses $ 189,537 Travel $ 30,953 Motor Vehicle Equipment Purchases $ 82,800 Publications and Printing $ 11,000 Equipment Purchases $ 2,710 Per Diem and Fees $ 5,000 Computer Charges $ 48,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,995,000 Indirect DOAS Services Funding $ 25,000 State Funds Budgeted $ 1,965,500 Total Positions Budgeted 114 8. Motor Vehicle Registration Budget: Personal Services $ 132,000 Regular Operating Expenses $ 272,756 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 286,244 Equipment Purchases $ 23,000 Per Diem and Fees $ 0 Computer Charges $ 1,594,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,312,000 Indirect DOAS Services Funding $ 1,590,000 State Funds Budgeted $ 722,000 Total Positions Budgeted 8 9. Central Audit Budget: Personal Services $ 1,292,000 Regular Operating Expenses $ 21,958 Travel $ 257,177 Motor Vehicle Equipment Purchases $ 4,200 Publications and Printing $ 1,200 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 1,500 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,578,035 State Funds Budgeted $ 1,578,035 Total Positions Budgeted 78 10. Field Audit Services Budget: Personal Services $ 3,067,796 Regular Operating Expenses $ 195,350 Travel $ 196,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,400 Equipment Purchases $ 10,450 Per Diem and Fees $ 3,000 Computer Charges $ 6,800 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,488,796 State Funds Budgeted $ 3,488,796 Total Positions Budgeted 245 11. Motor Vehicle Tag Purchases Budget: Motor Vehicle Tag Purchases $ 390,000 Motor Vehicle Decal Purchases $ 283,000 Total Funds Budgeted $ 673,000 State Funds Budgeted $ 673,000 Total Positions Budgeted 0 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $390,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 600,000 regular or bicentennial 1976 motor vehicle tags, and for this purpose only. 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. Budget Unit Object Classes: Personal Services $ 12,353,961 County Tax Officials/Retirement and FICA $ 450,000 Regular Operating Expenses $ 2,005,312 Travel $ 547,500 Motor Vehicle Equipment Purchases $ 87,000 Publications and Printing $ 836,394 Equipment Purchases $ 47,233 Per Diem and Fees $ 72,000 Computer Charges $ 4,557,000 Other Contractual Expense $ 0 Loans to Counties/Property Reevaluation $ 171,596 Grants to Counties/Appraisal Staff $ 1,250,000 Motor Vehicle Tag Purchases $ 390,000 Motor Vehicle Decal Purchases $ 823,000 Intangible Tax Equalization Fund $ 0 Total Positions Budgeted 1,020 Section 37. Secretary of State . A. Budget Unit: Secretary of State $ 6,214,099 1. Occupational Certification Budget: Personal Services $ 1,306,000 Regular Operating Expenses $ 376,664 Travel $ 106,004 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,968 Equipment Purchases $ 9,500 Per Diem and Fees $ 240,000 Computer Charges $ 14,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,077,136 State Funds Budgeted $ 2,077,136 Total Positions Budgeted 117 2. Securities Regulation Budget: Personal Services $ 214,000 Regular Operating Expenses $ 10,015 Travel $ 13,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,500 Equipment Purchases $ 1,200 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 241,215 State Funds Budgeted $ 241,215 Total Positions Budgeted 14 3. Corporations Regulation Budget: Personal Services $ 228,428 Regular Operating Expenses $ 19,552 Travel $ 5,700 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,900 Equipment Purchases $ 1,872 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 30,000 Total Funds Budgeted $ 288,452 State Funds Budgeted $ 288,452 Total Positions Budgeted 21 4. Pharmacy Regulation Budget: Personal Services $ 225,000 Regular Operating Expenses $ 5,753 Travel $ 36,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 300 Equipment Purchases $ 100 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 267,153 State Funds Budgeted $ 267,153 Total Positions Budgeted 13 5. Archives and Records Budget: Personal Services $ 1,121,000 Regular Operating Expenses $ 103,629 Travel $ 12,573 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 17,707 Equipment Purchases $ 5,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 815,000 Total Funds Budgeted $ 2,074,909 State Funds Budgeted $ 2,074,909 Total Positions Budgeted 91 6. General Services Budget: Personal Services $ 436,000 Regular Operating Expenses $ 55,186 Travel $ 8,216 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 3,310 Per Diem and Fees $ 2,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 530,212 State Funds Budgeted $ 530,212 Total Positions Budgeted 34 7. Internal Administration Budget: Personal Services $ 420,000 Regular Operating Expenses $ 46,577 Travel $ 6,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 62,876 Equipment Purchases $ 1,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 536,453 State Funds Budgeted $ 536,453 Total Positions Budgeted 29 8. Bicentennial Commission Budget: Personal Services $ 67,147 Regular Operating Expenses $ 34,345 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 109,492 State Funds Budgeted $ 109,492 Total Positions Budgeted 8 9. State Ethics Commission Personal Services $ 49,000 Regular Operating Expenses $ 18,577 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 0 Per Diem and Fees $ 6,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 89,077 State Funds Budgeted $ 89,077 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 4,066,575 Regular Operating Expenses $ 670,298 Travel $ 200,993 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 146,251 Equipment Purchases $ 21,982 Per Diem and Fees $ 249,000 Computer Charges $ 14,000 Other Contractual Expense $ 30,000 Authority Lease Rentals $ 815,000 Total Positions Budgeted 330 Provided, that of the above appropriation relating to the Secretary of State, $30,000 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. Provided, however, that of the above appropriation $15,000 is designated and committed for the hiring of one new investigator position in the Dental Board. B. Budget Unit: State Building Administrative Board $ 90,741 State Building Administrative Board Budget: Personal Services $ 71,677 Regular Operating Expenses $ 4,564 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 3,000 Per Diem and Fees $ 3,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 90,741 State Funds Budgeted $ 90,741 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 71,677 Regular Operating Expenses $ 4,564 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 3,000 Per Diem and Fees $ 3,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Positions Budgeted 6 Section 38. State Scholarship Commission . Budget Unit: State Scholarship Commission $ 10,095,601 1. Internal Administration Activity Budget: Personal Services $ 627,097 Regular Operating Expenses $ 156,454 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 306,350 Per Diem and Fees $ 4,200 Computer Charges $ 25,000 Other Contractual Expense $ 15,300 Total Funds Budgeted $ 1,158,401 State Funds Budgeted $ 358,401 Total Positions Budgeted 51 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees $ 404,500 Total Funds Budgeted $ 404,500 State Funds Budgeted $ 220,500 Total Positions Budgeted 0 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans $ 1,935,000 Tuition Equalization Grants $ 6,400,000 State Student Incentive Siholarships $ 1,919,700 Total Funds Budgeted $ 10,254,700 State Funds Budgeted $ 9,504,700 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 $ 627,097 Regular Operating Expenses $ 156,454 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 306,350 Per Diem and Fees $ 4,200 Computer Charges $ 25,000 Other Contractual Expense $ 15,300 Payment of Interest and Fees $ 404,500 Direct Guaranteed Loans $ 1,935,000 Tuition Equalization Grants $ 6,400,000 State Student Incentive Scholarships $ 1,919,700 Law Enforcement Personnel Dependents Scholarships $ 12,000 Total Positions Budgeted 51 Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training, recruitment and counselor personnel in health career fields. Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not less than $1,224,000 is designated and committed for the purpose of providing loans under the guaranteed student loan program to students in paramedical, professional and educational fields of study which shall be repayable in cash with interest at seven percent per annum or by practice in a field and in a community or site of employment approved by the Scholarship Commission as provided for in Ga. 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 $6,400,000 is designated and committed to provide $400 Tuition Equalization Grants to Freshmen, Sophomores, Juniors and Seniors attending private colleges as provided in Ga. L. 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, second-year and to third-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. Section 39. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 360,000 Soil and Water Conservation Central Office Budget: Personal Services $ 167,140 Regular Operating Expenses $ 30,803 Travel $ 28,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,170 Equipment Purchases $ 3,487 Per Diem and Fees $ 101,000 Computer Charges $ 0 Other Contractual Expense $ 17,000 Total Funds Budgeted $ 360,000 State Funds Budgeted $ 360,000 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 167,140 Regular Operating Expenses $ 30,803 Travel $ 28,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,170 Equipment Purchases $ 3,487 Per Diem and Fees $ 101,000 Computer Charges $ 0 Other Contractual Expense $ 17,000 Total Positions Budgeted 11

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Section 40. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 1,980,000 Departmental Operations Budget: Personal Services $ 755,000 Regular Operating Expenses $ 64,800 Travel $ 14,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,000 Equipment Purchases $ 16,500 Per Diem and Fees $ 67,000 Computer Charges $ 275,000 Other Contractual Expense $ 0 Employer Contributions $ 1,000,000 Floor Fund for Local Retirement Systems $ 980,000 Total Funds Budgeted $ 3,185,800 State Funds Budgeted $ 1,980,000 Total Positions Budgeted 55 Budget Unit Object Classes: Personal Services $ 755,000 Regular Operating Expenses $ 64,800 Travel $ 14,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,000 Equipment Purchases $ 16,500 Per Diem and Fees $ 67,000 Computer Charges $ 275,000 Other Contractual Expense $ 0 Employer Contributions $ 1,000,000 Floor Fund for Local Retirement Systems $ 980,000 Total Positions Budgeted 55 Provided, that of the above appropriation relative to Employer Contributions, $1,000,000 is designated and committed for raising to 1.78 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. Section 41. Department of Transportation . Budget Unit: Department of Transportation $ 244,094,991 1. Planning and Construction Budget: Personal Services $ 51,626,068 Regular Operating Expenses $ 4,152,627 Travel $ 1,295,053 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 245,100 Equipment Purchases $ 67,750 Per Diem and Fees $ 752,000 Computer Charges $ 0 Other Contractual Expense $ 2,481,000 Capital Outlay $ 198,369,352 State of Georgia General Obligation Debt Sinking Fund $ 8,000,000 Total Funds Budgeted $ 266,988,950 State Funds Budgeted $ 108,786,305 Total Positions Budgeted 3,600 2. Maintenance and Betterments Budget: Personal Services $ 30,907,306 Regular Operating Expenses $ 21,223,367 Travel $ 206,960 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,910 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 907,725 Capital Outlay $ 17,023,936 State of Georgia General Obligation Debt Sinking Fund $ 1,700,000 Total Funds Budgeted $ 71,976,204 State Funds Budgeted $ 71,026,204 Total Positions Budgeted 3,551 3. Authorities Budget: Authority Lease Rentals $ 27,343,961 State of Georgia General Obligation Debt Sinking Fund $ 3,780,762 Total Funds Budgeted $ 31,124,723 State Funds Budgeted $ 31,124,723 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 2,300,000 Equipment Purchases $ 736,911 Capital Outlay $ 384,000 Total Funds Budgeted $ 3,420,911 State Funds Budgeted $ 3,220,000 5. Assistance to Counties Budget: Grants to Counties $ 9,317,013 Total Funds Budgeted $ 9,317,013 State Funds Budgeted $ 9,317,013 6. Administration Budget: Personal Services $ 5,139,156 Regular Operating Expenses $ 2,555,236 Travel $ 100,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 302,000 Equipment Purchases $ 0 Per Diem and Fees $ 229,500 Computer Charges $ 1,389,863 Other Contractual Expense $ 165,000 Total Funds Budgeted $ 9,880,755 State Funds Budgeted $ 9,880,755 Total Positions Budgeted 321 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, 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 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 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 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 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 $88,000,000 in principal amount for advance construction of interstate highway systems. This appropriation shall be from funds other than the motor fuel tax. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $500,000 is specifically appropriated for a Maintenance and Betterments Resurfacing program through the issuance of not to exceed $5,000,000 in principal amount of General Obligation Debt. 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 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 $ 250,000 Harry S. Truman Parkway $ 330,000 Maintenance and Betterments General Obligation Bond Debt Service for Resurfacing $ 1,700,000 Paving, Curbing and Guttering, and Other Related Expenses $ 75,000 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. 7. Assistance to Municipalities Budget: Grant 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. 8. Air Transportation Budget: Personal Services $ 307,000 Regular Operating Expenses $ 297,390 Travel $ 7,500 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $ 200 Equipment Purchases $ 1,000 Per Diem and Fees $ 500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 637,590 State Funds Budgeted $ 412,590 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services $ 212,000 Regular Operating Expenses $ 11,550 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,000 Equipment Purchases $ 500 Per Diem and Fees $ 50,000 Computer Charges $ 0 Other Contractual Expense $ 235,700 Capital Outlay $ 135,651 Mass Transit Grants $ 175,000 Total Funds Budgeted $ 835,401 State Funds Budgeted $ 760,401 Total Positions Budgeted 15 10. Harbor Maintenance Budget: Harbor Maintenance Payments $ 250,000 Total Funds Budgeted $ 250,000 State Funds Budgeted $ 250,000 Budget Unit Object Classes: Personal Services $ 88,191,530 Regular Operating Expenses $ 28,240,170 Travel $ 1,619,513 Motor Vehicle Equipment Purchases $ 2,324,000 Publications and Printing $ 559,210 Equipment Purchases $ 806,161 Per Diem and Fees $ 1,032,000 Computer Charges $ 1,389,863 Other Contractual Expense $ 3,789,425 Capital Outlay $ 215,912,939 Mass Transit Grants $ 175,000 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 250,000 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 27,343,961 State of Georgia General Obligation Debt Sinking Fund $ 13,480,762 Total Positions Budgeted 7,504 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, 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. Provided, that of the appropriation relative to Capital Outlay, $123,651 in State funds is designated and committed for matching Federal and local funds to provide $989,212 in improvements to Clarke County Municipal Airport. 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. Provided, that of the above appropriation relative to Per Diem and Fees, $330,000 is designated and committed for final engineering and planning the Harry S. Truman Parkway. Provided, that of the above appropriation relative to Capital Outlay, $11,250 in State funds is designated and committed for matching Federal and local funds to provide $90,000 in improvements to the Dalton-Whitfield County Airport. Provided, that of the above appropriation related to Per Diem and Fees, $50,000 is designated and committed for Rail Facilities Planning. Section 42. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 6,258,217 1. Veterans Assistance Budget: Personal Services $ 1,897,847 Regular Operating Expenses $ 146,347 Travel $ 64,547 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 20,000 Equipment Purchases $ 5,400 Per Diem and Fees $ 8,800 Computer Charges $ 150 Other Contractual Expense $ 0 Grants to Confederate Widows $ 17,186 Total Funds Budgeted $ 2,160,277 State Funds Budgeted $ 1,903,651 Total Positions Budgeted 171 2. Veterans Home and Nursing FacilityMilledgeville Budget: Operating Expenses/Payments to Central State Hospital $ 3,877,344 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,877,344 State Funds Budgeted $ 2,974,894 3. Veterans Nursing HomeAugusta Budget: Operating Expense/Payments to Medical College of Georgia $ 1,762,872 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,762,872 State Funds Budgeted $ 1,379,672 Budget Unit Object Classes: Personal Services $ 1,897,847 Regular Operating Expenses $ 146,347 Travel $ 64,547 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 20,000 Equipment Purchases $ 5,400 Per Diem and Fees $ 8,800 Computer Charges $ 150 Other Contractual Expense $ 0 Grants to Confederate Widows $ 17,186 Operating Expense/Payments to Central State Hospital $ 3,877,344 Operating Expense/Payments to Medical College of Georgia $ 1,762,872 Total Positions Budgeted 171 Section 43. Workmen's Compensation Board . Budget Unit: Workmen's Compensation Board $ 1,911,731 1. Workmen's Compensation Administration Budget: Personal Services $ 1,462,417 Regular Operating Expenses $ 223,761 Travel $ 20,700 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 14,781 Equipment Purchases $ 8,750 Per Diem and Fees $ 26,700 Computer Charges $ 59,094 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,816,203 State Funds Budgeted $ 1,816,203 Total Positions Budgeted 97 2. Vocational Rehabilitation Budget: Personal Services $ 82,408 Regular Operating Expenses $ 4,820 Travel $ 5,700 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 600 Other Contractual Expense $ 0 Total Funds Budgeted $ 95,528 State Funds Budgeted $ 95,528 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 1,544,825 Regular Operating Expenses $ 228,581 Travel $ 26,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 16,781 Equipment Purchases $ 8,750 Per Diem and Fees $ 26,700 Computer Charges $ 59,694 Other Contractual Expense $ 0 Total Positions Budgeted 105

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Section 44. State of Georgia General Obligation Debt Sinking Fund . A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 22,635,053 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 5,028,900 Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $520,000 is specifically appropriated for the purpose of constructing and equipping facilities on property in Atlanta, Georgia, through the issuance of not to exceed $5,200,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,000,000 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, including vocational education comprehensive high schools, through the issuance of not to exceed $10,000,000 in principal amount of General Obligation Debt. 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 condition of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $736,000 is specifically appropriated for the purpose of Area Vocational-Technical School construction and equipping through the issuance of not to exceed $7,360,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $767,500 is specifically appropriated for the purpose of constructing facilities at Gracewood State School and Hospital, Southwestern Regional Hospital and Central State Hospital through the issuance of not to exceed $7,675,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $275,400 is specifically appropriated for the purpose of constructing Regional Youth Development Centers at Macon, Griffin, Columbus, and Eastman through the issuance of not to exceed $2,850,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $730,000 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 $7,300,000 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. Section 45 . In addition to all other appropriations for the Fiscal Year ending June 30, 1977, there is hereby appropriated based on a four percent (4%) salary increase, with a minimum of $400 and a maximum of $800, $18,978,714 for State employees and certain county employees, $81,332 for the Department of Audits, $30,000 for the Supreme Court, and $28,300 for the Court of Appeals, all to be effective July 1, 1976. Section 46 . In addition to all other appropriations for the fiscal year ending June 30, 1977, there is hereby appropriated $2,523,278 to cover an increase in State contributions for Employees' Health Insurance. Section 47 . 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

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1947 (Ga. L. 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel. Section 48 . No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds. Section 49 . Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services, either directly or indirectly. Section 50 . 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, 1976, 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.

Page 944

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 51 . 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 1976 regular 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 1977, 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

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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 52 . 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. 1977 submitted to the Georgia General Assembly during its 1976 regular session. Section 53 . 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 54 . 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,

Page 946

as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 55 . TOTAL APPROPRIATIONS F.Y. 1977$1,902,800,000. Section 56 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 57 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1976. URBAN REDEVELOPMENT LAW AMENDED. No. 1132 (House Bill No. 1464). An Act to amend an Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. L. 1955, p. 354), as amended, so as to empower municipalities and counties to make loans and grants from funds received from the federal government, as well as from funds received from the repayment of such loans and interest thereon, to owners of private housing for the purpose of financing the rehabilitation of such housing; to redefine municipality and local governing body to encompass all counties in the State; to extend to all counties in the State the powers, privileges, duties or immunities granted to municipalities; 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 Urban Redevelopment

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Law, approved March 3, 1955 (Ga. L. 1955, p. 354), as amended, is hereby amended by striking subsection (f) of section 7 in its entirety and substituting in lieu thereof a new subsection (f), to read as follows: (f) Within its area of operation, to make or have made all plans necessary to the carrying out of purposes of this Act and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify and amend such plans. Such plans may include, without limitation: (1) a general plan for the locality as a whole, (2) urban redevelopment plans, (3) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements, to include but not be limited to, making loans and grants from funds received from the federal government, as well as from funds received from the repayment of such loans and interest thereon, to persons, public or private, owning private housing for the purpose of financing the rehabilitation of such housing, (4) plans for the enforcement of State and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements, and (5) appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of urban redevelopment projects. The municipality is authorized to develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and elimination of slums and to apply for, accept and utilize grants of funds from the federal government for such purposes. Section 2 . Said Act is further amended by striking subsection (b) of section 19 in its entirety and substituting in lieu thereof a new subsection (b), to read as follows: (b) `Municipality' shall mean any incorporated city or town in the State and any county in the State. Section 3 . Said Act is further amended by striking subsection (d) of section 19 in its entirety and substituting in lieu thereof a new subsection (d), to read as follows:

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(d) `Local governing body' shall mean the council or other legislative body charged with governing the municipality and the board of commissioners of roads and revenues or governing authority of the county. Section 4 . Said Act is further amended by deleting in its entirety that paragraph which reads as follows: All powers, privileges, duties or immunities now or heretofore granted to municipalities by the Urban Redevelopment Law, and all Acts amendatory thereof, are hereby granted to and conferred upon every county of this State having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census, and, upon every county of this State having a population of 165,000 and not more than 185,000 according to the United States Decennial Census of 1970 or any such future census., and substituting in lieu thereof a new paragraph, to read as follows: All powers, privileges, duties or immunities now or heretofore granted to municipalities by the Urban Redevelopment Law, and all Acts amendatory thereof, are hereby granted and conferred upon every county of this State. 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

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by the Governor or upon its becoming law without his approval. Effective date. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1976. STATE BOARD OF CORRECTIONSPRISONERS. No. 1133 (House Bill No. 1554). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 127), by an Act approved March 18, 1964 (Ga. L. 1964, p. 495), and by an Act approved April 12, 1968 (Ga. L. 1968, p. 1399), so as to add to section 24 a new subsection to provide that said section shall apply only to those sentenced to the State penal system prior to July 1, 1976; to add a new Section 24A providing that the State Board of Corrections shall formulate rules and regulations providing for all earned time allowances to be awarded to prisoners based upon the performance of the prisoners; to provide that such rules and regulations shall place a maximum on earned time allowances; to provide for forfeiture of earned time allowances; to provide that the State Board of Pardons and Paroles shall respect the rules and regulations of the State Board of Corrections concerning earned time allowances and shall cooperate in extending parole and clemency to such as are subject to special consideration; to provide that all wardens or superintendents shall notify the State Board of Corrections of any punishment imposed or other disciplinary action taken against any prisoner in said warden's or superintendent's custody; to differentiate between habitual offenders and others for the purposes of awarding earned time; to define habitual

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offenders for the purposes of awarding earned time; to provide that the Director of Corrections or his assistants may suspend the offender from earning earned time for a specified period of time; to provide that a prisoner shall be released at the expiration of his term of sentence less the time earned as earned time allowances; to provide that new section 24A shall apply only to those sentenced to the State penal system on July 1, 1976 and thereafter; to amend an Act prescribing good time allowances and extra good time allowances for prisoners incarcerated under county jurisdiction approved March 18, 1964 (Ga. L. 1964, p. 493), as amended, so as to provide that said Act shall apply only to misdemeanor offenders confined in county facilities prior to July 1, 1976; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 An Act comprehensively and exhaustively, revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 127), by an Act approved March 18, 1964 (Ga. L. 1964, p. 495), and by an Act approved April 12, 1968 (Ga. L. 1968, p. 1399), is hereby amended by adding to section 24 a new subsection to be known as subsection (e) to read as follows: (e) This section shall apply only to those prisoners sentenced to the State penal system prior to July 1, 1976. Section 2 . Said Act is further amended by adding after section 24 a new Section to be section 24A to read as follows: Section 24A. (a) The State Board of Corrections shall formulate and promulgate rules and regulations providing for earned time allowances to be awarded to prisoners based upon the performance of the prisoners. Except that earned time allowances shall not be awarded to prisoners sentenced to life imprisonment. Such rules and regulations shall not

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provide for earned time allowances exceeding one-half of the period of confinement imposed by the court. Such rules and regulations shall differentiate between habitual offenders for the purposes of awarding earned time. Habitual offenders shall be defined, for the purposes of this Act, as having received three or more felony convictions. The State Board of Pardons and Paroles shall respect the rules and regulations of the State Board of Corrections in computing the time served by inmates of the institution and shall cooperate in extending parole and clemency to such as are subject to special consideration. (b) The wardens or superintendents of the various correctional facilities within the State shall immediately notify the State Board of Corrections in writing of any punishment imposed or other disciplinary action taken against any prisoner under such warden's or superintendent's custody, said report to be on forms prescribed and furnished by the State Board of Corrections, and shall show, among other things, the detail assignment and behavior record of the prisoner. From said record so furnished, the Director of Corrections or his assistants may suspend the prisoner from receiving earned time for a specified period, and may forfeit up to one-half the earned time allowances where the disciplinary action involves a violation of prison rules and regulations or forfeit all or any part of earned time allowances where the violation is a crime punishable by law and the forfeiture is in lieu of prosecution. (c) A prisoner shall be released at the expiration of his term of sentence less the time earned as earned time allowances. (d) Misdemeanants shall accrue earned time allowances equal to one-half of the total misdemeanor sentence. This same earned time allowance shall apply to misdemeanants confined as county misdemeanants as provided in Code section 27-2506(a) and computation of this earned time allowance shall be made by the sheriff of the county, chief jailor, warden, or other officer designated by the county as custodian of said prisoners.

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(e) This section shall apply only to those prisoners sentenced to the State penal system on July 1, 1976, and thereafter. Section 3 . An Act prescribing good time allowances and extra good time allowances for prisoners incarcerated under county jurisdiction approved March 18, 1964 (Ga. L. 1964, p. 493), as amended, is hereby amended by adding at the end of Section 1 the following: This Act shall apply only to misdemeanor offenders confined in county facilities prior to July 1, 1976., so that as amended, section 1 shall read as follows: Section 1. Misdemeanor offenders confined in county facilities under the jurisdiction of the county as provided in Code section 27-2506(a) shall earn good time in the amount of four (4) days for each month of the sentence and shall earn extra good time in the same amount as may be prescribed from time to time by the State Board of Corrections for prisoners under its jurisdiction. The computation of good time allowances and extra good time allowances shall be made by the sheriff of the county, chief jailor, warden or other officer designated by the county as custodian of said prisoners. This section shall apply only to misdemeanor offenders confined in county facilities prior to July 1, 1976. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1976.

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MENTAL HEALTH AND MENTAL RETARDATION SERVICES ACT. Code Chapter 88-6 amended. No. 1136 (Senate Bill No. 208). An Act to amend Code Chapter 88-6; to provide a declaration of purpose; to provide a statement of the policy, responsibility and goals of the State in mental health and mental retardation; to provide definitions; to establish within the Department of Human Resources a Division of Mental Health and Mental Retardation and a Director thereof; to provide the powers and duties of the Department and the Division in mental health and mental retardation; to establish Community Mental Health and Mental Retardation Service Areas; to define the responsibility of County Boards of Health in planning mental health and mental retardation services; to provide for State and area mental health and mental retardation plans; to define the role of State institutions in mental health and mental retardation services; to provide for a unified system of mental health and mental retardation services; to provide for coordination with other health and social agencies; to provide the power of the Division of Mental Health and Mental Retardation of the Department of Human Resources to implement delivery of mental health and mental retardation services; to establish State and Area Advisory Councils for mental health and mental retardation and the duties thereof; to provide for the financing of mental health and mental retardation services; 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 Chapter 88-6, relating to Mental Health, is hereby amended by striking said Code Chapter in its entirety and inserting in lieu thereof a new Code Chapter 88-6 to read as follows:

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Chapter 88-6. Mental Health and Mental Retardation Services 88-601. Declaration of Purposes . (a) It is the policy of the State of Georgia to provide adequate mental health and mental retardation services to all citizens of this State through the Department of Human Resources and the County Boards of Health. It is further the policy of the State of Georgia to provide adequate mental health and mental retardation services through a unified system which encourages cooperation and resources sharing among service providers, both governmental and private. Further, the State of Georgia recognizes the responsibility for its citizens who are mentally ill, mentally retarded or suffer certain developmental disabilities, including epilepsy, cerebal palsy, autism, and other neurologically handicapping conditions, abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services. (b) It is the purpose of this Act to enable and encourage the Department of Human Resources and the County Boards of Health to develop comprehensive, preventive, early detection, rehabilitative, and treatment services; to improve and expand community programs for the disabled; to provide continuity of care through integration of county, area, regional, and State services and facilities for the disabled; to provide for joint services and the sharing of manpower and other resources; and to restructure the system of providing mental health and mental retardation services in the State of Georgia to make better use of the combined resources of the State and local communities and to remove the financial limitations of the counties as a major obstacle in the development of effective community mental health and mental retardation programs. (c) The provisions of this Chapter shall be liberally construed to achieve the foregoing objectives. 88-602. Definitions . Unless otherwise indicated by context,

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the terms used in this Chapter shall have the following meaning: (a) `Department' shall mean the Department of Human Resources; (b) `Division' shall mean the Division of Mental Health and Mental Retardation of the Department; (c) `Commissioner' shall mean the Commissioner of the Department; (d) `Director' shall mean the Director of the Division; (e) `County Board' shall mean a County Board of Health established in accordance with the Georgia Code Chapter 88-2 or the Constitution of this State; (f) `Disability' shall mean mental or emotional illness; mental retardation; other neurologically handicapping conditions which require treatment similar to that for the mentally retarded, including epilepsy, cerebal palsy, and autism; or the abuse, addiction to or dependence upon alcohol, narcotics or other drugs; (g) `The Disabled' shall mean any person or persons who have a disability; (h) `Mental Health and Mental Retardation Services' shall mean services to the disabled or services which are designed to prevent or ameliorate the effect of disability; (i) `Area' shall mean a Community Mental Health and Mental Retardation Service Area. 88-603. Powers and Duties of the Department of the Division . There shall be a Division of Mental Health and Mental Retardation within the Department of Human Resources and a Director thereof whose qualifications meet standards set by the Board of Human Resources. The Department through the Division shall: (a) Establish, administer and supervise the State program for mental health and mental retardation;

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(b) Direct, supervise and control the medical and physical care, treatment and rehabilitation provided by the institutions and programs under its control, management or supervision; (c) Provide, promote and mandate written standards, rules and regulations as may be deemed necessary to effectuate the purposes of this Chapter and which shall be the basis of State financial participation in programs; (d) Have authority to contract for services with public or private hospitals; hospital authorities; medical schools, training and educational institutions; departments and agencies of the State; county or municipal governments; any person, partnership, corporation, association, public or private; the United States Government or the government of any other states; (e) Establish and support programs for the training of professional and technical personnel; (f) Conduct research into the causes and treatment of disability and into the means of effectively promoting mental health; (g) Assign specific responsibility to one or more units of the Division for the development of a program for the prevention of disability which program shall have objectives and implementation plans including but not limited to the monitoring of completed and on-going research related to the prevention of disability, implementation of programs known to be preventive and testing, where practical, of those measures having a substantive potential for the prevention of disability; (h) Assign specific responsibility to one or more units of the Division which unit shall develop programs designed to serve disabled infants, children and youth and which unit shall, to the extent practicable, cooperate with the Department of Education and the University System of Georgia in developing such programs;

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(i) Make and administer grants to County Boards to implement community mental health and mental retardation programs in accordance with approved area plans; (j) Evaluate the efficacy of the State program through the regular assessment of the impact of the program upon individuals receiving treatment; (k) Establish, operate, supervise and staff programs and facilities for the treatment of disability throughout the State of Georgia; (l) Disseminate information setting forth available services and the facilities through which services may be obtained; (m) Establish within the Division a unit which shall receive and consider complaints from individuals receiving services, make recommendations to the Director as a result of complaints received and assure that the rights of individuals receiving service are fully protected; and (n) Exercise all powers and duties provided in this Chapter or which may be deemed necessary to effectuate the purposes of this Chapter. 88-604. Community Mental Health and Mental Retardation Service Areas . The Division shall with the approval of the Commissioner designate Community Mental Health and Mental Retardation Service Areas within the State of Georgia for the purpose of organizing the planning for and delivery of mental health and mental retardation services. To the extent practicable the Community Mental Health and Mental Retardation Service Areas shall not subdivide any county unit, conflict with the health service areas established by the National Health Planning and Resources Development Act of 1974 (Public Law 93-641 [42 USC 300(k)]) or related areas established by federal legislation or regulation, or conflict with any districts established by the Department relating to the planning for or delivery of health services. In dividing the State into areas the Division shall take into consideration such factors as geographic

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boundaries, roads and other means of transportation, population concentrations, city, town and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of mental health and mental retardation services. 88-605. Responsibility of County Boards in Planning . The County Boards in an Area shall jointly submit to the Division, to the Area Council, and to the appropriate Health Systems Agency a biennial plan at a time and in a manner determined by the Division. Such plans shall include, by way of illustration without limitation, the following: (a) An estimate, categorized by age group, of the number of citizens residing in the Area who require mental health and mental retardation services as defined in section 88-606 of this Chapter; (b) A description of all physical facilities both governmental and private, available or which must be constructed to provide mental health and mental retardation services; (c) An analysis of present physical facilities which may be converted to mental health and mental retardation facilities; (d) An analysis of mental health and mental retardation professional and other staff personnel available within the area; (e) A description in order of priority of all proposed programs and services to be provided in the Area by the County Boards or by the Division which description shall specifically address, by way of illustration without limitation, those services set forth in section 88-606(b) of this Chapter; (f) A proposed staff roster of professional, technical, and other employees who may be hired to provide necessary services;

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(g) An analysis of the opportunity for coordination of services with other agencies as provided in section 88-609 of this Chapter; (h) A statement of the means by which the Area Council created in section 88-611 of this Chapter will be provided with staff assistance and its operating expenses will be defrayed; and (i) A detailed financial plan showing the costs of providing necessary services and all sources of revenue. 88-606. State and Area Mental Health and Mental Retardation Plans . (a) The Division shall notify the County Boards at least six months in advance of the date for submission of the plans required in Section 88-605 of this Chapter and shall assist the County Boards in the preparation of the plans. (b) The Division shall formulate and publish biennially a State plan for Mental Health and Mental Retardation which shall take into account the area mental health and mental retardation plans submitted by the County Boards as required by Section 88-605 of this Chapter. The State Mental Health and Mental Retardation Plan shall be comprehensive and shall include institutional and community services to the disabled. Services to be addressed in the State plan shall include, by way of illustration without limitation, the following: (1) `Out-patient Services' which are provided during day and early evening hours including diagnostic and evaluation services; (2) `Day and other Partial Hospitalization Programs' which are structured treatment services which provide alternatives to residential services and include detoxification centers, night or weekend care and other mental health services; (3) `Day Training and Work Activity Centers' for the retarded or other disability groups;

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(4) `Residential Services' which are hospital in-patient units, group homes, respite care facilities, rehabilitation residences, family care homes, nursing homes, and other twenty-four hour treatment and care facilities for patients for whom out-patient or day treatment services alone are not appropriate or feasible; (5) `Emergency Services' which are crisis intervention programs which include hospital emergency rooms, walk-in services, twenty-four hour counseling, and crisis visitation services; (6) `Consultation Services' to agencies, professionals, and others who are involved with mental health and mental retardation services including health professionals, schools, courts, law enforcement agencies, correctional and detention facilities, clergy, health and social service agencies, and other appropriate individuals or agencies; (7) `Education Services' to increase general awareness of services available and provide workshops and other forums for the promotion of mental health; (8) `Training Services' to increase the mental health and mental retardation skills of employees and volunteers; and (9) All other services which may be added to the State program upon determination of the Division. (c) The plan shall further address appropriate means to provide continuity of care so to facilitate the movement of individuals receiving services from one element of service to another thereby eliminating to the extent possible obstacles and needless interruptions in treatment. (d) The plan shall further set forth the proposed annual budget of the Division taking into account all financial data supplied pursuant to Section 88-605(i) of this Chapter. (e) The plan shall be submitted to the Department, the Governor, the General Assembly, the State Advisory Council,

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the Area Advisory Councils, and the Statewide Health Coordinating Council. (f) In the event that the Division modifies the provisions of an Area plan submitted in accordance with the provisions of Section 88-605, the Division shall upon request of the County Boards in the Area or the Area Council explain the considerations resulting in the modification. (g) At such time as the State plan is submitted, the Division shall further submit an analysis of services provided, programs instituted, progress made and the implementation of the prior plan during the previous two years which analysis shall measure the effectiveness and the efficiency of the methods of delivering services in ameliorating or preventing disability and restoring mental health. This analysis shall further address the success of the Division in coordinating services in accordance with the provisions of section 88-609 of this Chapter. 88-607. State Institutions . The Division shall direct all institutions under its jurisdiction and control to participate in the planning processes undertaken by the County Boards located in the service regions of the various institutions. The Division shall further direct all institutions under its jurisdiction and control to develop and execute written agreements with the County Boards in providing services in Community Mental Health and Mental Retardation Service Area. Such agreement shall include methods for reducing unnecessary hospitalization in State institutions. 88-608. Unified System of Services . The County Boards and the Division shall assure that the State and area mental health and mental retardation services are a part of a unified mental health and mental retardation services program emphasizing community based services. 88-609. Coordination with other Agencies . To the maximum extent possible, services by the Division and County Boards shall be coordinated with judicial, correctional, educational, social and other health service agencies both private and public.

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88-610. Power of the Division to Implement Delivery of Mental Health and Mental Retardation Services . Notwithstanding any other provisions of law, the Director of the Division, with the concurrence of the Commissioner and the Governor, is authorized to establish and administer area and community mental health and mental retardation programs on an emergency basis in the event one or more County Boards fail to assume responsibility for the establishment and implementation of an adequate program. 88-611. State and Area Advisory Councils . (a) The Governor shall appoint and provide staff assistance to a State Advisory Council for Mental Health and Mental Retardation. Such Council shall consist of no more than thirty but no less than fifteen members who shall be representative of professional and lay individuals, organizations, and State agencies associated or involved with services for the disabled and which members shall be fairly representative of all disability groups. The term of each member of the Council shall be for three years; provided, however, that of the members first appointed ten shall be appointed for one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The Director shall be an ex officio, nonvoting member. The provisions of this Section to the contrary notwithstanding, the Council shall not be appointed in any manner conflicting with section 237 or other provisions of the Special Health Revenue Sharing Act of 1975 (Public Law 94-63) or any regulations promulgated pursuant thereto. The Council shall advise the Governor, the Board of Human Resources, the Department, the Division, and the Statewide Health Coordinating Council as to the efficacy of the State mental health and mental retardation program, the need for mental health and mental retardation legislation, the need for expansion or reduction of specific programs, and the need for specific changes in the State mental health and mental retardation program. The Council shall review and prepare written comments on proposed State plans and on standards, rules and regulations promulgated

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by the Division which comments shall be submitted to the Director and to any other individual or agency deemed appropriate. The Council shall further receive and consider complaints and grievances submitted in writing by individuals, associations or agencies involved with the delivery or receipt of mental health and mental retardation services and shall, if deemed appropriate, make recommendations to the Governor, the Board of Human Resources, the Department or the Division with respect to such complaints or grievances. (b) There shall be created in each of the Areas established under section 88-604 an Area Mental Health and Mental Retardation Advisory Council, hereinafter called `Area Council', which shall consist of no more than thirty but no less than fifteen members and which membership shall be composed of individuals who reside in the Area and who, as a group, represent the residents of the Area taking into consideration their employment, age, sex, place of residence and other demographic characteristics of the area and which membership shall further be fairly representative of all disability groups. The Area Council shall be appointed by the Director subject to the approval of the State Advisory Council. Appointments shall be made from individuals nominated by the District Health Director or the designee of the Director of the Division, which nominees shall reflect those criteria set out above. The provisions of this Section to the contrary notwithstanding, the Area Council shall not be appointed in any manner conflicting with section 201 or other provisions of the Special Health Revenue Sharing Act of 1975 (Public Law 94-63) or any regulations promulgated pursuant thereto. The term of each member of the Council shall be for three years; provided, however, that of the members first appointed ten shall be appointed for one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointments for unexpired terms. The Area Council shall have the following powers and duties: (1) Review and comment on the Area plans required

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under section 88-605 of this Chapter giving particular emphasis to assuring that all types of disability as defined in Section 88-602(f) of this Chapter are adequately addressed and that the plan realistically considers financial support relative to the current program as well as long-term development; (2) Submit to the State Advisory Council a written evaluation of the Area plan within three months after receipt thereof; (3) Hold meetings at least quarterly which shall be publicized in advance to encourage the attendance of Area residents and which shall be conducted in accordance with rules and procedures adopted by the Area Council to the extent that the Director has not promulgated rules in conflict therewith; (4) Submit annual reports to the County Boards, the Division, the State Advisory Council and such other agencies or individuals deemed appropriate which report shall evaluate the effectiveness of mental health and mental retardation services in the area; (5) Act as the representative of the citizens of the Area in regard to mental health and mental retardation services; (6) Receive and consider complaints and grievances submitted in writing by individuals, associations or agencies involved with the delivery or receipt of mental health and mental retardation services and, if deemed appropriate, make recommendations to the County Boards in the area; (7) Assure the highest achievable level of public awareness of available mental health and mental retardation services; and (8) Visit regularly mental health and mental retardation facilities which serve the Area to evaluate the effectiveness of the facilities in delivering services. (c) To the extent practicable the Area Council shall be

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the sole advisory council for mental health and mental retardation services in the Area and the State Advisory Council the sole such Council for the State. 88-612. Financing . (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of mental health and mental retardation care through a unified system of services. To this end, the Department through the Division shall, to the maximum extent possible, allocate funds available for services so to provide an adequate mental health and mental retardation program available to all citizens of this State. (b) Fees generated, if any, by State employees assigned to disability programs operated by County Boards shall be retained by the County Boards and applied against the cost of providing mental health and mental retardation services. Section 2. Effective Date . All sections of this Act shall become effective upon signature by the Governor. 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 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. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1976.

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GEORGIA PROFESSIONAL STANDARDS ACT. No. 1137 (Senate Bill No. 569). An Act to provide for the creation of a Professional Standards Commission to advise the State Board of Education concerning the preparation, certification, and professional growth of those persons who teach or perform educational duties in the school systems or schools of this State; to provide for a short title; to provide for definitions; to provide for the qualifications and appointment of the members of said Commission; to provide for recommendations by said Commission; to provide for meetings of said Commission; to provide for expenses; to provide for an administrative assistant; to provide for recommendations to the State Board of Education; to provide for funding; to provide that the Commission shall be attached to the Georgia Department of Education for administrative purposes only; to provide for other matters relative to the foregoing; to provide an expiration date; 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 Professional Standards Act. Section 2. Definitions . As used in this Act, the following terms shall have the meanings indicated: (a) Commission means the Professional Standards Commission created by this Act. (b) Approved institution means any institution approved by the State Board of Education. (c) Subject matter examination means any objective examination recommended by the Commission as an instrument to measure subject matter knowledge. (d) CESA means a cooperative educational services

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agency as defined by Part IV of the Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as now or hereafter amended. (e) In-service training (staff development) means any program of teacher education or preparation offered jointly by a school system and an approved college or university or a CESA, or any combination of the foregoing, for the purposes of improving or upgrading a teacher's skills, knowledge or instructional methods which is offered for credit and is recommended by the Commission. (f) Authorization or assignment means the designation appearing on the teaching certificate identifying the areas of instruction or service which the certificate holder is permitted to perform. Section 3. Professional Standards Commission . There is hereby created a Professional Standards Commission, an advisory body to the State Board of Education, consisting of twenty members to be appointed by the Governor, subject to the provisions of Section 4 of this Act. The term of office of members of the Commission shall be five years; except that the Governor will designate terms of one, two, three or four years for each of four original members and a five-year term for the remaining four original members in order that the terms of four members shall expire each year thereafter. Members, except the four original appointees appointed to serve a term of one year, are not eligible for reappointment. Vacancies shall be filled for an unexpired term in the same manner as the original appointments. No person shall serve for more than one term as a member of the Commission, except that appointees to fill unexpired terms and original members appointed to serve a term of one year are eligible for reappointment for one full term. If a member for any reason discontinues employment in the category from which he or she was appointed that person is no longer eligible to serve on the Commission as a representative of that category. If a member elects to take employment outside the State of Georgia, that person is no longer eligible to serve on the Commission. The Governor

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may remove any member from the Commission for misconduct or malfeasance in office, incapacity or neglect of duty. All members of the Commission are to be confirmed by the Senate. Section 4. Membership and Qualifications . (a) The membership of the Professional Standards Commission shall consist of: (1) Nine teachers holding a valid professional certificate; including two classroom teachers assigned within the grades kindergarten through three, two classroom teachers assigned within the grades four through eight, two classroom teachers assigned within grades nine through twelve, one classroom teacher from a State or regionally accredited private school, one professional not assigned specifically to a classroom such as a reading teacher, a speech therapist or a counselor, and one professional assigned to an area vocational-technical school. (2) Four administrators actively engaged in administration and holding a valid professional certificate. (3) Four faculty members from four State or regionally approved teacher education institutions. At least one such appointee shall be employed by a private institution and at least one appointee shall be employed by a public institution. (4) One staff member of the Georgia Department of Education actively engaged in teacher education supervisory services. (5) Two members of local boards of education. (b) Appointments shall be made by the Governor from panels of at least three nominees for each position submitted by Georgians United for Education, and professional education organizations and other education organizations selected by the Governor, except that the State Superintendent of Schools shall appoint the representative from the

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Georgia Department of Education. Such organizations will certify that panels include only representatives of the category of professional personnel for which the panel or panels of nominees are submitted. (c) All members of the Commission, except representatives of teacher education institutions, members of local boards of education, and the representative of the Georgia Department of Education, shall hold valid professional Georgia teaching certificates and shall have been actively engaged in teaching or providing related educational, administrative or supervisory services in an approved school or approved institution of higher education with a State or regionally approved teacher education program for at least three years immediately preceding appointment. All members of the Commission shall be residents of the State of Georgia. Section 5. Recommendations . (a) The Commission may recommend to the State Board of Education standards and procedures for certifying educational personnel as qualified for a certificate to practice in the public schools of Georgia, and to support, facilitate and recommend functions and programs of preparation for the teaching profession, including the following: (1) Standards for pre-service preparation; (2) Standards for accreditation of teacher education programs; (3) Standards for certification through in-service training (staff development); (4) Objective, independently verifiable standards of measurement and evaluation of teaching competence as the basis for teacher certification; (5) Objective examinations as a measure of subject matter knowledge for the purpose of certifying educational personnel;

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(6) Criteria to be used in the activation of a committee in teacher education institutions for the purpose of screening candidates for both entry and continuation in teacher training on the basis of academic, personal and emotional fitness for the profession. (b) All certificates in force in this State at the time this Act becomes effective shall continue in full force and effect, subject to all the terms and conditions under which they were issued, until they expire by virtue of their own limitations or until their terms or conditions are modified by action of the State Board of Education. (c) The Commission shall keep minutes of its meetings and make an annual written report available for inspection. (d) The Commission shall not make any recommendations relating to compensation, benefits, or working conditions of educational personnel in the public schools of Georgia. Section 6. Organization and Meetings of the Commission . The Commission shall annually select from its membership a chairman and vice chairman by ballot. Meetings shall be held at the call of the chairman or upon the request in writing of a majority of the Commission. A majority of such quorum shall have authority to act upon any matter properly brought before the Commission. Section 7. Expenses . Members of the Commission shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of official Commission business, but such expenses shall not exceed $36.00 per day and mileage at the same rate as State officials and employees. It is specifically provided, however, that no member of the Commission shall be reimbursed from any public funds for such expenses for more than twelve days during each calendar year. A member of the Commission who is an employee of an agency of the State, or any of its political subdivisions, including school systems, shall be permitted to attend Commission meetings and perform other Commission duties without loss of income or other benefits. An agency of Georgia, or any of its

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political subdivisions, including school systems, which employs a member of the Commission and employs a person to replace such member during his performance of Commission duties, or incurs other additional expenses as a result of such performance, shall be reimbursed for the actual amount of any costs so incurred. Section 8. Administrative Assistant . The Commission shall have the authority to employ only an administrative assistant who shall serve as the executive officer and secretary to the Commission. Such administrative assistant shall be compensated in an amount not to exceed $18,000.00 per annum. Personnel of the State Department of Education may be utilized by the Commission subject to the approval of the State Superintendent of Schools. Section 9. Functions of the Commission . (a) The office of certification of the State Department of Education shall continue to evaluate transcripts and issue certificates based on State Board of Education approved standards for certificates. (b) The Commission shall follows policies consistent with general education objectives established under Georgia statutes or by the State Board of Education. (c) The Commission shall have the authority to hear the public, the teaching profession and professional groups and associations on any matter of concern under the jurisdiction of the Commission. (d) The Commission has the authority to recommend to the State Board of Education panels of educators, including public school classroom teachers, to serve as members of teams visiting institutions and school systems having teacher education programs for purposes associated with the process of approving said programs by the State Board. The Commission shall also have the authority to review any report of such teams and to advise the State Board as to whether or not programs proposed for its approval meet its adopted criteria.

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Section 10. Funding . The funds necessary to carry out the provisions of this Act shall come from funds specifically appropriated or otherwise made available to the Professional Standards Commission created by this Act. Section 11. Administrative Attachment to the Department of Education . The Commission is assigned to the Georgia Department of Education 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). Section 12. 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 13. Effective Date and Expiration Date . This Act shall become effective on July 1, 1976, and this Act shall expire and stand repealed on June 30, 1979. Section 14. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1976.

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FIREMEN'S PENSION FUND ACT AMENDEDELIGIBILITY PROVISIONS CHANGED. No. 1138 (House Bill No. 282). An Act to amend an Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating a fund known as the Georgia Firemen's Pension Fund, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended, so as to change the provisions relative to eligibility for retirement for certain members; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating a fund known as the Georgia Firemen's Pension Fund, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended, is hereby amended by adding, following section 5C, a new section 5D, to read as follows: Section 5D. Any other provisions of law to the contrary notwithstanding, any person who served as a volunteer fireman prior to the effective date of the Act creating the Georgia Firemen's Pension Fund, and who began receiving retirement benefits at a later date from the Fund based on the Board of Trustees' belief that such person was eligible for same, but whose retirement benefits were ceased or cancelled by the Board of Trustees based upon the realization of the Board that such person was not in fact eligible for same, or any person who left service as a volunteer fireman after receiving written notice from the Secretary-Treasurer of the Board that he was eligible for retirement benefits except for not having reached the age of sixty (60) years, which written notice was later determined by the Board to be erroneous, shall be eligible to receive the retirement benefits provided by the Act creating the Georgia Firemen's Pension Fund, in the same manner as if such

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service had been rendered in a class `8' or better fire department, regardless of the fact that such service was not rendered in a class `8' or better fire department. Eligibility. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. WATER WELL STANDARDS ACT OF 1976. No. 1139 (House Bill No. 422). An Act to provide for the development of water well standards; to provide a short title; to provide a declaration of legislative intent; to create the Water Well Standards Advisory Council; to provide for the appointment of members to said council; to provide for a chairman and other matters relative to said council; to assign said council to the Department of Natural Resources for administrative purposes only; to provide for the development of proposed standards relative to the siting, construction, operation, maintenance and abandonment of water wells and proposed modifications in such standards; to provide for the adoption of such standards and modifications in such standards by the General Assembly with or without change; to provide for the abolition of said council; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title . This Act shall be known and may be cited as the Water Well Standards Act of 1976. Section 2. Declaration of intent . It is the intent of the

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General Assembly to provide in this Act for the development of proposed standards for the siting, construction, operation, maintenance and abandonment of water wells so as to protect public health and the water resources of this State. It is the intent of the General Assembly to act upon these proposed standards at the regular 1977 Session of the General Assembly. Section 3. Council created . The Water Well Standards Advisory Council is hereby created. The council shall be composed of the following: (a) a member appointed by the Commissioner of Human Resources; (b) a member appointed by the Commissioner of Natural Resources; and (c) three members, who are members of the Georgia Well Drillers Association, appointed by the Governor. The first meeting of the council shall be called by the Commissioner of Natural Resources. At the first meeting the council shall elect a chairman, adopt rules of procedure and develop a work plan. The members of the council shall not receive compensation as members of the council. Vacancies on the council shall be filled in the same manner as the original appointment. A vacancy in the position of chairman shall be filled by vote of the council. Section 4. Council assigned to Department of Natural Resources . The council shall be assigned to the Department of Natural Resources for administrative purposes only. The provisions of section 3 of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015) shall apply to the council and the department. Section 5. Development of standards . The council shall study the need for standards relating to the siting, construction, operation, maintenance and abandonment of water wells, to protect the public health and the water resources of this State. The council shall develop such proposed standards prior to the convening of the regular 1977 Session of

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the General Assembly and shall submit such proposed standards to the General Assembly at the beginning of said session. Annually thereafter, the council shall report to the General Assembly, prior to each regular session, any needed modifications in such standards. Such standards or modifications in such standards shall not become effective until approved or approved as amended by the General Assembly. The council shall be abolished on June 30, 1981, unless extended by law. Section 6. Effective date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. SUPERIOR COURT CLERKSINVESTMENT OF CERTAIN FUNDS AUTHORIZED. No. 1140 (House Bill No. 583). An Act to amend an Act authorizing superior court clerks in certain counties to invest certain funds deposited in the registry of the court, approved March 21, 1970 (Ga. L. 1970, p. 599), so as to authorize superior court clerks in all counties to invest certain funds deposited in the registry of the court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act authorizing superior court clerks in certain counties to invest certain funds deposited in the registry of the court, approved March 21, 1970 (Ga. L. 1970, p. 599), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows:

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Section 1. In all counties in this State, the clerk of the superior court is hereby authorized to invest any and all funds paid into the registry of the court where it is contemplated that such funds may be held for thirty days or longer. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. HOMICIDE BY VEHICLE REDEFINED. Code 68A-903 Amended. No. 1141 (House Bill No. 593). An Act to amend Code section 68A-903, relating to homicide by a vehicle, so as to redefine the offense of homicide by a vehicle in the first degree; to redefine the offense of homicide by a vehicle in the second degree; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 68A-903, relating to homicide by a vehicle, is hereby amended by striking said Code section in its entirety, and inserting in lieu thereof a new Code section 68A-903, to read as follows: 68A-903. Homicide by vehicle . (a) Whoever shall, without malice aforethought, cause the death of another person through the violation of section 68A-901, section 68A-902 or section 68A-904(a) shall be guilty of homicide by vehicle in the first degree. A person convicted under this subsection shall be punished by imprisonment for not less than one year nor more than five years. (b) Whoever shall cause the death of another person, without an intention to do so, by violating any section of

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this Title other than section 68A-901, section 68A-902 or section 68A-904(a) shall be guilty of homicide by vehicle in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be punished as for a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. BOARDS, ETC., CREATED BY STATE LAWDISCLOSURE OF CERTAIN FEES, ETC., PROVIDED. No. 1142 (House Bill No. 541). An Act to provide for the manner and method of disclosure of fees and reimbursable expenses paid by any authority, created, authorized, or provided for by State law, or by any board, bureau, commission, committee, department, institution, office, retirement system, or any other agency of the State of Georgia, to consultants, architects, or attorneys at law; to provide for the distribution thereof; to provide for the State Auditor to prescribe forms, promulgate rules and regulations and to make an annual report; 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. Purpose . It is in the best interest of a free society that citizens be fully informed as to the conduct of their government, and that those who serve the public by performing services requiring special qualification, training, or knowledge and the exercise of discretion or judgment be known and identified. Further, to insure that the public may better evaluate the stewardship of elected and appointed officials in the use of public funds for the purchase of professional services from other than full time employees, it is appropriate that disclosure be made of the use of professional

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personnel and of the fees and reimbursement paid for such services and incidental expenses. Section 2. Report Required . Any fees for services or reimbursable expenses charged to any authority, created, authorized, or otherwise provided for by State law, or any board, bureau, commission, committee, department, institution, office, retirement system, or any other agency of the State of Georgia, by any consultant, architect or attorney at law, shall be identified by type of fee or expense and the purpose for which paid, to whom paid, and the dates when such payment or payments of fees and expenses were made, in the fiscal and financial records of any State agency which are submitted for audit to the State Auditor. Salaries paid and reimbursement of expenses made to professional persons employed on a full time basis by the authorities, or State agencies referred to herein are not included within the reporting requirement set forth in this section. Section 3. Distribution of Reports . A copy of each statement or report, referred to in section 2 of this Act, of any authority, or State agency, in which a fee or expense paid to a consultant or member of a profession is identified and reported, as hereinbefore provided, shall be provided to the Attorney General, the State Auditor, and the Secretary of State, unless such statement or report is otherwise required by law to be provided to the Attorney General, the State Auditor, or to the Secretary of State. Section 4. State Auditor to Prescribe Forms . The State Auditor shall by rule or regulation prescribe the form in which the reports of professional services shall be made by the authority, or State agency, where necessary to accomplish the purposes of this Act. The State Auditor shall also establish dates for the submission of the reports required by this Act. Section 5. State Auditor's Report . The State Auditor shall annually provide to the Governor, to each house of the General Assembly, to the Attorney General, and to the Secretary of State, a report in which the accumulated totals of payments of fees and expenses to members of professions,

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as hereinbefore described, are set forth, identifying by profession each person or the persons to whom payments were made and the totals of such payments to each such person or persons. The report of the State Auditor shall also identify the authority or State agency, which has retained such professional persons and the professional persons who have been so retained. Section 6. Effective Date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. Repealer . All laws and portions of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. REVENUEINCOME TAXCERTAIN INCOME TAX PROVISIONS REPEALED, ETC. Code 92-3002(n) Repealed. Code 92-3102(b) Amended. Code 92-3301 Amended. No. 1143 (House Bill No. 782). An Act to repeal Ga. L. 1937, pp. 109, 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets; to repeal Ga. L. 1959, p. 7, relating to credits against income taxes for payments made to corporations and other organizations organized and operated exclusively for educational purposes; to repeal subsection (n) of section 92-3002 of the Code of Georgia of 1933 (Ga. L. 1937, pp. 109, 112) relating to the definition of the word sales; to amend section 92-3301 of the Code of Georgia of 1933, as amended, relating to installment payments and estimated tax returns; to amend Ga. L. 1969, pp. 114, 115, relating to adjustments

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to Federal taxable income to be made by corporations; 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, 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets, is hereby repealed in its entirety. Ga. L. 1959, p. 7, relating to credits against income taxes for payments made to corporations and other organizations organized and operated exclusively for educational purposes is hereby repealed in its entirety. Subsection (n) of section 92-3002 of the Code of Georgia of 1933, as amended, particularly by Ga. L. 1937, pp. 109, 112, relating to the definition of the word sales, is hereby repealed in its entirety and subsections (o) and (p) of said section 92-3002 are hereby redesignated as subsections (n) and (o), respectively. Section 92-3001 of the Code of Ga. of 1933, as amended, is hereby further amended by striking in their entirety subsection (e), relating to the installment payment of income taxes, and subsection (f), relating to the payment of estimated income taxes. Section 92-3102(b) of the Code of Ga. of 1933, as amended, particularly by Ga. L. 1969, pp. 114, 115, relating to adjustments to Federal taxable income to be made by corporations, is hereby further amended by striking subsection (6) of said section in its entirety and designating the remaining subsections, specifically subsections (7), (8), (9), (10) and (11), as subsections (6), (7), (8), (9) and (10) respectively. Effective date. Section 2 . This Act shall become effective immediately upon its approval, or its otherwise becoming a law, and shall apply to all taxable years beginning on or after January 1, 1975. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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SPECIAL PURPOSE GRAND JURIESADDITIONAL COUNTIES PROVIDED, ETC. (70,000 OR MORE). Code Chapter 59-6A Amended. No. 1144 (House Bill No. 797). An Act to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide for special purpose grand juries in certain additional counties; to provide for procedures, requirements and other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 59-6A, relating to special purpose grand juries, is hereby amended by striking from the first sentence of Code section 59-601A the following: 600,000, and inserting in lieu thereof the following: 70,000, so that when so amended Code section 59-601A shall read as follows: 59-601A. Applicability and Construction . The provisions of this Code Chapter shall apply only to grand juries of counties of this State having a population of 70,000 or more according to the United States Decennial Census of 1970 or any future such census. Except as otherwise provided by this Code Chapter, the provisions of law relative to grand juries shall apply to the grand juries provided for by this Code Chapter. The provisions of this Act shall not apply to consolidated city-county governments. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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INSURANCEFRATERNAL BENEFIT SOCIETIESCERTIFICATE VALUATION PROVIDED, ETC. Code Chapter 56-19 Amended. No. 1145 (House Bill No. 986). An Act to amend Code Chapter 56-19, relating to fraternal benefit societies, as amended, so as to permit such societies to compute certificate reserves on any table made applicable to life insurance companies; to provide such societies may value their certificates in accordance with valuation standards authorized for the valuation of policies issued by life insurance companies; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 56-19, relating to fraternal benefit societies, as amended, is hereby amended by striking Code section 56-1917, relating to nonforfeiture benefits, in its entirety, and substituting in lieu thereof a new Code section 56-1917, to read as follows: 56-1917. Nonforfeiture benefits, cash surrender values, certificate loans and other options .A society may grant paid-up nonforfeiture benefits, cash surrender values, certificate loans and such other options as its laws may permit. As to certificates issued on and after the effective date of this Chapter, a society shall grant at least one paid-up non-forfeiture benefit. In the case of certificates other than those for which reserves are computed on the Commissioners' 1941 Standard Ordinary Mortality Table or the 1941 Standard Industrial Table or any more recent table made applicable to life insurance companies, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall not be less than the excess, if any, of (1) over (2) as follows:

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(1) the reserve under the certificate determined on the basis specified in the certificate; and (2) the sum of any indebtedness to the society on the certificate, including interest due and accrued, and a surrender charge equal to two and one-half (2%) percent of the face amount of the certificate, which, in the case of insurance on the lives of children, shall be the ultimate face amount of the certificate, if death benefits provided therein are graded. However, in the cases of certificates issued on a substandard basis or in the case of certificates, the reserves for which are computed upon the American Men Ultimate Table of Mortality, the term of any extended insurance benefit granted including accompanying pure endowment, if any, may be computed upon the rates of mortality not greater than one hundred thirty (130%) percent of those shown by the mortality table specified in the certificate for the computation of the reserve. In the case of certificates for which reserves are computed on the Commissioners' 1941 Standard Ordinary Mortality Table or the 1941 Standard Industrial Table or any more recent table made applicable to life insurance companies, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall not be less than the corresponding amount ascertained in accordance with the provisions of the laws of this State applicable to life insurance companies issuing policies containing like insurance benefits based upon such tables. Section 2 . Said Code Chapter is further amended by striking subsection (6) of Code section 56-1935, relating to reports and valuations, in its entirety, and substituting in lieu thereof a new subsection (6), to read as follows: (6) Such valuation and underlying data shall be certified by a competent actuary or, at the expense of the society, verified by the actuary of the Department of Insurance of the state of domicile of the society. Code 56-1935 amended.

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The minimum standards of valuation for certificates issued prior to one year from the effective date of this Chapter shall be those provided by the law applicable immediately prior to the effective date of this Chapter but not lower than the standards used inthe calculating of rates for such certificates. The minimum standards of valuation for certificates issued after one year from the effective date of this Chapter shall be three and one-half (3%) percent interest and the following tables: (a) For certificates of life insuranceAmerican Men Ultimate Table of Mortality, with Bowerman's or Davis' Extension thereof or with the consent of the Commissioner, the Commissioners' 1941 Standard Ordinary Mortality Table or the Commissioners' 1941 Standard Industrial Table of Mortality; (b) For annuity certificates, including life annuities provided or available under optional modes of settlement in such certificatesthe 1937 Standard Annuity Table; (c) For disability benefits issued in connection with life benefit certificatesHunter's Disability Table, which, for active lives, shall be combined with a mortality table permitted for calculating the reserves on life insurance certificates, except that the table known as Class III Disability Table (1926) modified to conform to the contractual waiting period, shall be used in computing reserves for disability benefits under a contract which presumes that total disability shall be considered to be permanent after a specified period; (d) For accidental death benefits issued in connection with life benefit certificates the Inter-Company Double Indemnity Mortality Table combined with a mortality table permitted for calculating the reserves for life insurance certificates; and (e) For noncancellable accident and sickness benefitsthe Class III Disability Table (1926) with conference modifications

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or, with the consent of the Commissioner, tables based upon the society's own experience. Provided, however, that any society may value its certificates in accordance with valuation standards authorized by the laws of this State for the valuations of policies issued by life insurance companies. The Commissioner may, in his discretion, accept other standards for valuation if he finds that the reserves produced thereby will not be less the aggregate than reserves computed in accordance with the minimum valuation standards herein prescribed. The Commissioner may, in his discretion, vary the standards of mortality applicable to all certificates of insurance on substandard lives or other extra hazardous lives by any society authorized to do business in this State. Whenever the mortality experience under all certificates valued on the same mortality table is in excess of the expected mortality according to such table for a period of three consecutive years, the Commissioner may require additional reserves when deemed necessary in his judgment on account of such certificates. Any society, with the consent of the Commissioner of the state of domicile of the society and under such conditions, if any, which he may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any insured member shall not be affected thereby. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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REVENUEGEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDCERTAIN FARM MACHINERY PROVISIONS CLARIFIED, ETC. No. 1146 (House Bill No. 997). 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 March 12, 1971 (Ga. L. 1971, p. 80), so as to clarify the provisions of existing law which grant an exemption from sales and use tax to certain machinery and equipment used on the farm in the production of poultry, eggs, fluid milk or livestock; to provide for an exemption of machinery and equipment used in the hatching and breeding of poultry and the breeding of livestock; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . 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 March 12, 1971 (Ga. L. 1971, p. 80), is hereby amended by adding at the end of Paragraph (x) of section 3(c) (2) a new sentence to read as follows: Where a producer of poultry, eggs, fluid milk or livestock for sale also harvests farm crops to be used on the farm by such producer as feed for poultry or livestock, production of poultry, eggs, fluid milk or livestock includes the harvesting of such farm crops. and by adding at the end of said section 3(c) (2) a new paragraph (y) to read as follows: (y) The sale of machinery and equipment used in the hatching and breeding of poultry and the breeding of live-stock.

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Section 2 . The provisions of this Act shall become effective upon its approval by the Governor, or its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. TAX COLLECTORS, ETC.MINIMUM SALARIES PROVIDED. No. 1147 (House Bill No. 1017). An Act to provide a schedule of minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Georgia who receive an annual salary for their services as such in lieu of the fee system of compensation; to provide that the provisions of local legislation affecting compensation of the tax collectors and tax commissioners of the various counties shall remain in full force and effect, except where the same provides for a salary lower than the salary provided in this Act; to provide that the provisions of this Act shall not be construed to place any tax collector or tax commissioner upon an annual salary in lieu of the fee system of compensation, until local legislation is enacted by the General Assembly of Georgia placing any such officers on an annual salary; 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 . Nothing contained within this Act shall apply to any tax commissioner or tax collector who shall be compensated by the fee system of compensation in lieu of a fixed salary. Exemption.

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Section 2 . Any other provision of law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner in each county of the State of Georgia who shall be compensated by an annual salary 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 such future census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule: Salaries. Population Minimum Salary 02,000 $ 5,000 3,0005,999 $ 8,000 6,0008,999 $ 9,000 9,00011,999 $ 10,000 12,00019,999 $ 11,000 20,00029,999 $ 12,000 30,00039,999 $ 13,000 40,00049,999 $ 14,500 50,00099,999 $ 17,000 100,000199,999 $ 19,500 200,000599,999 $ 20,800 600,000up $ 25,000 Section 3 . The provisions of any local acts in effect on the effective date of this Act or enacted subsequent to the effective date of this Act which deal with the compensation of the various tax collectors or tax commissioners shall remain of full force and effect, except in those instances where such local acts shall provide for a salary which is less than the minimum salary provided for in this Act, in which event the provisions of this Act shall prevail. Section 4 . The provisions of this Act shall not be construed so as to place any tax collector or tax commissioner who is on the fee system of compensation on the effective date of this Act on a salary system of compensation. Any such officer who is compensated under the fee system of compensation on the effective date of this Act shall continue to be compensated pursuant to the fee system of compensation

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until the General Assembly shall by a local act abolish the fee system of compensation for such officer and place him upon an annual salary equal to or greater than the minimum annual salary provided for in this Act. However no tax collector's or tax commissioner's salary shall be increased during their present term. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. INTOXICATING BEVERAGESMINIMUM CONTAINER SIZE PROVIDED. No. 1148 (House Bill No. 1138). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, so as to provide the minimum container size which a retailer may sell; 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 inserting after the words one-half pint, in the first sentence of subsection (c) of section 9 of said Act, the following: , or the nearest metric equivalent thereto provided for in the Uniform Standards of Fill of the U. S. Treasury Department,, so that when so amended the first sentence of subsection (c) of section 9 of said Act shall read as follows:

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Retailers: A Retailer's license shall authorize the holder to sell only in the original and unbroken package or packages, which package or packages shall contain not less than one-half pint, or the nearest metric equivalent thereto provided for in the Uniform Standards of Fill of the U. S. Treasury Department, of distilled spirits or alcoholic beverages each, and shall not permit the breaking of said package or packages on the premises where sold, and shall not permit the drinking of the contents of said package or packages on the premises where sold. Size. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CRIMINAL PROCEDUREDEATH CASESTRANSCRIPT PREPARATION TIME PROVIDED ETC. Code 27-2401 Amended. No. 1149 (House Bill No. 1148). An Act to amend Code section 27-2401, relating to stenographic notes and the entry of testimony on minutes of the court, as amended, so as to require that in cases where a sentence of death is imposed the transcript shall be prepared within a certain length of time; to authorize the Chief Justice of the Supreme Court of Georgia to grant an extension of time in such cases; to provide that such requirements shall not inure to the benefit of defendants; 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 27-2401, relating to stenographic notes and the entry of testimony on minutes of the court, as amended, is hereby amended by striking therefrom the third sentence in its entirety and inserting in lieu thereof the following: In the event that a sentence of death is imposed, the transcript of the case shall be prepared within 90 days after the sentence is imposed by the trial court. Upon petition by the court reporter, the Chief Justice of the Supreme Court of Georgia may grant an additional period of time for preparation of the transcript not exceeding 60 days. The requirements that transcripts be prepared within a certain period in cases in which a sentence of death is imposed shall not inure to the benefit of defendants., so that when so amended, Code section 27-2401 shall read as follows: 27-2401. Stenographic notes; entry of testimony on munutes of court; transcript or brief .On the trial of all felonies the presiding judge shall have the testimony taken down, and, when directed by the judge, the court reporter shall exactly and truly record, or take stenographic notes of, the testimony and proceedings in the case, except the argument of counsel. In the event of a verdict of guilty, the testimony shall be entered on the minutes of the court or in a book to be kept for that purpose. In the event that a sentence of death is imposed, the transcript of the case shall be prepared within 90 days after the sentence is imposed by the trial court. Upon petition by the court reporter, the Chief Justice of the Supreme Court of Georgia may grant an additional period of time for preparation of the transcript not exceeding 60 days. The requirements that transcripts be prepared within a certain period in cases in which a sentence of death is imposed shall not inure to the benefit of defendants. In the event that a mistrial results from any cause in the trial of a defendant charged with the commission of a felony, the presiding judge may, in his discretion, either with or without any application of the defendant or State's counsel, direct that a brief or transcript of the testimony had in the case be duly filed by the

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court reporter in the office of the clerk of the superior court wherein such mistrial occurred. If said brief or transcript shall be ordered it shall be the duty of the judge to provide in said order requiring such brief or transcript for the compensation of said reporter, and that said transcript or transcripts shall be paid for on the order of said judge, as now provided by law for transcripts in cases wherein the law requires the testimony to be transcribed, at a rate not to exceed that provided by existing statutes in cases wherein a sentence is made in felony cases: Provided, however, nothing herein contained shall be deemed or construed to in any wise impeach or avoid the operation of section 24-3104. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. GEORGIA STATE OCCUPATIONAL THERAPY LICENSING ACT. No. 1150 (House Bill No. 1266). An Act to regulate occupational therapy; to provide for a short title; to provide for a declaration of purposes; to provide for definitions; to provide for the Georgia State Board of Occupational Therapy, its establishment, terms of office, vacancies, and removal of members; to provide for members of the Board and their powers and duties; to provide for meetings of the Board; to provide for compensation for members of the Board; to provide for administrative provisions and powers and duties of the Joint-Secretary, State Examining Boards of Georgia; to provide for service of process and official records as prima facie evidence; to provide for licenses as a requirement of practice; to provide for persons and practices not affected by this Act; to provide for requirements for licenses; to provide for examinations; to provide for waiver of requirements for licensure; to provide for issuance of

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licenses; to provide for suspension and revocation of licenses; to provide for renewal of licenses; to provide for fees; to provide for crimes and criminal penalties for violations of this Act; to provide for other matters relative to the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title . This Act shall be known and may be cited as the Georgia State Occupational Therapy Licensing Act. Section 2. Declaration of Purpose . The Georgia State Occupational Therapy Licensing Act is enacted to safeguard the public health, safety, and welfare and to assure the availability of occupational therapy services of high quality to persons in need of such services. It is the purpose of this Act to provide for the regulation of persons offering occupational therapy services to the public. Section 3. Definitions . In this Act, the following terms shall have the respective meanings provided in this Section unless the context clearly requires a different meaning: (a) Association means the Georgia Occupational Therapy Association. (b) Board means the Georgia State Board of Occupational Therapy. (c) License means a valid and current certificate of registration issued by the Joint-Secretary, State Examining Boards of Georgia. (d) Joint-Secretary means the Joint-Secretary, State Examining Boards of Georgia. (e) Person means a human person only, not a legal entity.

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(f) The practice of occupational therapy includes but is not limited to the following: (1) Evaluation and treatment of individuals whose abilities to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, learning disabilities, poverty and cultural differences, physical injury or disease, psychological and social disabilities, or anticipated dysfunction. The treatment utilizes task-oriented activities to prevent or correct physical or emotional deficits or to minimize the disabling effect of these deficits in the life of the individual. (2) Such evaluation techniques as assessment of sensory motor abilities, assessment of the development of self-care activities and capacity for independence, assessment of the physical capacity for prevocational and work tasks, assessment of play and leisure performance, and appraisal of living areas for the handicapped. (3) Specific occupational therapy techniques such as activities of daily living skills, the fabrication and application of splinting devices, sensory motor activities, the use of specifically designed manual and creative activities, guidance in the selection and use of adaptive equipment, specific exercises to enhance functional performance, and treatment techniques for physical capabilities for work activities. Such techniques are applied in the treatment of individual patients or clients, in groups, or through social systems. (g) Occupational therapist means a person licensed to practice occupational therapy at defined in this Act, and whose license is in good standing. (h) Occupational therapy assistant means a person licensed to assist in the practice of occupational therapy under the supervision of or with the consultation of the licensed occupational therapist, and whose license is in good standing. (i) Occupational therapy aide means a person who assists the occupational therapist and the occupational therapy

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assistant in the practice of occupational therapy, who works under the direct supervision of the occupational therapist. Section 4. Georgia State Board of Occupational Therapy; Establishment; Terms of Office; Vacancies; Removal of Members . There is hereby established the Georgia State Board of Occupational Therapy. (a) The Board shall consist of five members who shall be appointed by the Governor and confirmed by the Senate. Three of the members shall be appointed from a list of names submitted by the Georgia Occupational Therapy Association. The members of the Board shall be citizens of the United States and residents of this State for at least one year prior to their appointment. The members appointed from the list submitted by the Association shall have been engaged in rendering services to the public, teaching, or research in occupational therapy for at least three years immediately preceding their appointment. The Board members appointed from the list submitted by the Association may be occupational therapists or occupational therapy assistants, and shall at all times be holders of valid licenses for the practice of occupational therapy in the State. Except for the members of the first Board appointed from the list submitted by the Association, all of such members shall fulfill the requirements for licensure of this Act. (b) The Board shall within 90 days after the effective date of this Act, be selected as provided in subsection (a). The members of the first Board shall serve the following terms: two members for a term of one year, two members for a term of two years, and one member for a term of three years. At the expiration of the above terms, Board members shall be appointed in the same manner as the initial appointment for a period of four years, but no person shall be appointed to serve more than two consecutive terms. (c) Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first members who shall serve through the last calendar day of the year in which

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they are appointed before commencing the terms prescribed by this section. (d) Within 45 days after the date of enactment of this Act and annually thereafter, the Association shall submit at least three and not more than five names for each of the positions to be filled by nominees of the Association. In the event of a midterm vacancy in one of the positions for which it has earlier submitted nominations, the Association shall, as soon as practicable, recommend at least two and not more than three persons to fill that vacancy. When a vacancy occurs on the Board, the Board shall appoint a member to fill the unexpired term. (e) The Governor, after notice and opportunity for hearing by the Board, may remove any member of the Board for neglect of duty, incompetence, revocation or suspension of his license, or other dishonorable conduct. After such removal, or vacancy due to other reasons, the Board shall appoint a successor to the unexpired term. Section 5. Members of the Board; Powers and Duties . (a) The Board shall administer, coordinate, and enforce the provisions of this Act. (b) The Board shall have the responsibility of evaluating the qualifications and supervising the examinations of applicants for licensure under this Act and shall assist the Joint-Secretary in carrying out the provisions of this Act. (c) The Board may issue subpoenas, examine witnesses, and administer oaths and may investigate allegations of practices violating the provisions of this Act. (d) The Board shall adopt rules and regulations relating to professional conduct to carry out the policy of this Act, including but not limited to regulations relating to professional licensure and the establishment of ethical standards of practice for persons holding a license to practice occupational therapy in this State, and may amend or repeal the same in accordance with the Georgia Administrative Procedure

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Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. (e) The Board shall conduct such hearings and keep such records and minutes as are necessary to carry out its functioning. It shall provide reasonable public notice to the appropriate persons of the time and place of all hearings authorized under this Act in such a manner and at such times as it may determine by its rules and regulations. (f) The Board shall prepare or approve all examinations of applicants for license at least twice a year, determine the qualifications and authorize the issuance of licenses to qualified occupational therapists and occupational therapy assistants, issue and renew licenses, suspend or revoke licenses in the manner provided, and determine the qualifications and approved qualified occupational therapy schools and courses in occupational therapy for the purpose of determining qualifications of applicants for licensure. (g) The Board may provide for the continuing professional education of persons subject to this Act by appropriate regulation. (h) The Board shall establish fees and maintain, in the office of the Joint-Secretary, a register of all persons holding a license and a record of all inspections made. (i) The Board shall appoint representatives or contract with qualified testing services to conduct or supervise examinations and designate time and place for examining applicants. (j) The Board shall make an annual report to the Governor not later than the 15th day of November of each year, which report shall contain an account of duties performed, actions taken, appropriate recommendations. Section 6. Members of the Board; Meetings . (a) The Board shall meet during the first month of the calendar year to select a chairman and for other purposes. At least one additional meeting shall be held before the end of the

Page 999

Calendar year. Further meetings may be convened at the call of the chairman of the request of any two Board members. A majority of the members shall constitute a quorum for all purposes. Provided, however, the Board shall be paid for no more than 6 days a year. (b) All meetings of the Board shall be open to the public, except that the Board may hold closed sessions to prepare, approve, grade, or administer examinations, or, upon the request of an applicant who fails an examination, to prepare a response indicating any reason for his or her failure. Section 7. Members of the Board; Compensation . Members of the Board shall receive no compensation for their services but shall be entitled to reimbursement for reasonable travel and other expenses actually incurred in the execution of their powers and duties. Section 8. Members of the Board; Administrative Provisions; Powers and Duties of the Joint-Secretary . (a) The Joint-Secretary shall be secretary of the Board and in addition to his powers and duties prescribed by Chapter 84-1 of the Code of Georgia, as amended, shall perform such other administrative duties as may be prescribed by the Board. (b) In a contested case, the Joint-Secretary on behalf of the Board shall have the power to subpoena throughout the State witnesses, designated documents, papers, books, accounts, letters, photographs, and objects or other tangible things. (c) The Joint-Secretary, guided by the recommendations of the Board, shall act in all matters relating to this Act. Section 9. Service of Process; Official Records as Prima Facie Evidence . (a) All legal process and all documents required by law to be served upon or filed with the Board shall be served upon or filed with the Joint-Secretary at his office in Atlanta, Georgia. (b) All official records of the Board, or affidavits by the

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Joint-Secretary certifying the content of such records, shall be prima facie evidence of all matters required to be kept therein. Section 10. License Required . No person shall practice occupational therapy or hold himself or herself out as an occupational therapist or an occupational therapy assistant or as being able to render occupational therapy services in this State unless he or she is licensed in accordance with the provisions of this Act. Section 11. Persons and Practices not Affected . Nothing in this Act shall be construed as preventing or restricting the practice, services, or activities of: (a) any person licensed under any other law of the State of Georgia, including physicians, nurses, clinical psychologists, speech pathologists and audiologists, dentists, and physical therapists, from engaging in the profession or occupation for which he or she is licensed; or (b) any person employed as an occupational therapist or an occupational therapy assistant by the government of the United States, if such a person provides occupational therapy solely under the direction or control of the organization by which he or she is employed; or (c) any person pursuing a course of study leading to a degree or certificate in occupational therapy in an educational program which is approved by the American Occupational Therapy Association in collaboration with the American Medical Association, and if such person is designated by a title which clearly indicates his or her status as a student or trainee; or (d) any person fulfilling the supervised field work experience requirements of Section 12 of this Act, if such activities and services constitute a part of the experience necessary to meet the requirement of that Section; or (e) any person performing occupational therapy services in this State not licensed under this Act, if such services are

Page 1001

performed for no more than 90 consecutive days a calendar year in association with an occupational therapist licensed under this Act, if such person meets the qualifications for license under this Act except for the qualifying examination; or (f) any person performing occupational therapy services in the State not licensed under this Act, and if such services are performed for no more than 180 consecutive calendar days in a calendar year, if: (1) such a person is licensed under the law of another state which has licensure requirements at least as stringent as the requirements of this Act; or (2) such a person meets the requirements for certification as an Occupational Therapist Registered (OTR) or a Certified Occupational Therapy Assistant (COTA) established by the American Occupational Therapy Association; or (g) any person under the direct supervision of an occupational therapist licensed in this State. Section 12. Requirements for License . An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file written application on forms provided by the Board, showing to the satisfaction of the Board that he or she meets the following requirements: (a) applicant shall be of good moral character; (a) applicant shall present evidence satisfactory to the Board of having successfuly completed the academic requirements of an educational program in occupational therapy recognized by the Board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills (1) for an occupational therapist, such a program shall be accredited by the American Occupational Therapy Association

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in collaboration with the American Medical Association; (2) for an occupational therapy assistant, such a program shall be approved by the American Occupational Therapy Association; (c) applicant shall submit to the Board evidence of having successfully completed a period of supervised field work experience at a recognized educational institution or a training program accredited as provided in subsection (b) of this Section (1) for an occupational therapist, a minimum of six months of supervised field work experience is required; (2) for an occupational therapy assistant, a minimum of two months of supervised field work experience is required; (d) applicant for licensure as an occupational therapist or as an occupational therapy assistant shall pass an examination as provided for in section 13 of this Act; (e) applicant not meeting the requirements as stated in the aforementioned subsections has obtained a waiver of said requirements pursuant to section 14 of this Act. Section 13. Examinations . (a) A person applying for licensure shall demonstrate his or her eligibility in accordance with the requirements of Section 12 of this Act and shall make application for examination upon a form and in such a manner as the Board shall prescribe. Such application shall be accompanied by the fee prescribed in Section 18 of this Act, which fee shall not be refunded. A person who fails an examination may make reapplication for reexamination accompanied by the prescribed fee. (b) Each applicant for licensure under this Act shall be examined by the Board in written examination to test his or her knowledge of the basic and clinical sciences relating to occupational therapy and occupational therapy theory and

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practice, including the applicant's professional skills and judgment in the utilization of occupational therapy techniques and methods and such other subjects as the Board may deem useful to determine the applicant's fitness to practice. The Board shall establish the standards for acceptable performance by the applicant. (c) Applicants for licensure shall be examined at a time and place and under such supervision as the Board may determine. Examinations shall be given at least twice a year at such places within the State as the Board may determine, and the Board shall give reasonable public notice of such examinations in accordance with its rules and regulations at least 60 days prior to their administration and shall notify by mail all individual applicants for the examination of the time and place of their administration. (d) Applicants may obtain their examination scores and may review their papers in accordance with such rules and regulations as the Board may establish. Section 14. Waiver of Requirements for Licensure . (a) The Board shall waive the examination and grant a license to any person certified prior to the effective date of this Act as on Occupational Therapist Registered (OTR) or as a Certified Occupational Therapy Assistant (COTA) by the American Occupational Therapy Association. The Board may waive the examination and grant a license to any person so certified after the effective date of this Act if the Board considers the requirements for certification to be equivalent to the requirements for licensure in this Act. (b) The Board may waive the examination and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or an occupational therapy assistant in another state, the District of Columbia, or territory of the United States which requires standards for licensure considered by the Board to be equivalent to the requirements for licensure of this Act. (c) The Board shall waive the education and experience requirements for licensure in Section 12(b) and (c) for applicants

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for licensure who present evidence to the Board that they have been engaged in the practice of occupational therapy on and prior to the effective date of this Act. Such proof of actual practice shall be presented to the Board in such a mannter as it may prescribe by regulation. To obtain the benefit of this waiver, an applicant shall file an application for examination no later than one year from the effective date of this Act. Section 15. Issuance of a License . (a) The Board shall issue a license to any person who meets the requirements of this Act upon payment of the license fee prescribed. (b) The Board shall issue a limited permit to persons who have completed the education and experience requirements of this Act. This permit shall allow the person to practice occupational therapy under the supervision of an occupational therapist who holds a current license in this State and shall be valid until the date on which the results of the next qualifying examination has been made public. This limited permit shall not be renewed if the applicant has failed the examination. (c) Any person who is issued a license as an occupational therapist under the terms of this Act may use the words occupational therapist registered, licensed occupational therapist, or occupational therapist, or he or she may use the letters O.T.R., L.O.T., or O.T. in connection with his or her name or place of business to denote registration hereunder. (d) Any person who is issued a license as an occupational therapy assistant under the terms of this Act may use the words occupational therapy assistant, licensed occupational therapy assistant, or certified occupational therapy assistant or may use the letters O.T.A., L.O.T.A., or C.O.T.A. in connection with his or her name or place of business to denote his or her registration hereunder. Section 16. Suspension and Revocation of License . (a) The Board shall, after notice and opportunity for hearing, have the power to deny or refuse to renew, suspend or revoke

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the license of, or impose probationary conditions upon any licensee who has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct includes: (1) obtaining or attempting to obtain a license by fraud, misrepresentation, or concealment of material facts; or (2) being guilty of unprofessional conduct as defined by the rules and regulations established by the Board; or (3) being convicted of a crime other than minor offenses defined as minor misdemeanors, violations, or offenses in any court if the acts for which he or she was convicted are found by the Board to have a direct bearing on whether he or she should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant. (b) Such denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license may be ordered by the Board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the Board. One year from the date of revocation of a license, application may be made to the Board for reinstatement. The Board shall have the discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement. Section 17. Renewal of License . (a) All licenses under this Act shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules and regulations of the Board upon the payment of a renewal fee. The Board may set a required number of continuing education units for license renewal. The Board may provide for late renewal of a license upon payment of a late renewal fee. Any license which has not been restored within five years following its expiration may not be renewed, restored or reissued thereafter. The holder of such a cancelled license may apply for and obtain a valid license only upon compliance

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with all relevant requirements for issuance of a new license. (b) A suspended license is subject to expiration and may be renewed as provided in this Section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity or in other conduct or activity in violation of the license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the reorder or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable. Section 18. Fees . The Board is empowered to prescribe and publish reasonable fees in amounts determined by the Board for the following purposes: (a) application for examination; (b) initial license fee; (c) renewal of license fee; (d) late renewal fee. Such fees shall be commensurate with the cost of fulfilling the duties of the Board as defined by this Act. Section 19. Crimes and Criminal Penalties . (a) Any person who violates any provisions of this Act, the Georgia State Occupational Therapy Licensing Act, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $250.00 and not more than $1,000.00, or imprisonment for a period not exceeding six months, or both. A license held by any person convicted under this Section shall be forfeited and revoked forthwith for one year from the date of such conviction. (b) It is unlawful for any person who is not registered under this Act as an occupational therapist or as an occupational therapy assistant or whose registration has been suspended or revoked to use, in connection with his or her

Page 1007

name or place of business, the words occupational therapist, licensed occupational therapist, occupational therapist registered, occupational therapy assistant, licensed occupational therapy assistant, certified occupational therapy assistant; or the letters O.T., L.O.T., O.T.R., O.T.A., L.O.T.A., or C.O.T.A.; or any other words, letters, abbreviations or insignia indicating or implying that he or she is an occupational therapist or an occupational therapy assistant or to show in any way, orally, in writing, in print, or by sign, directly or by implication, or to represent himself or herself as an occupational therapist or an occupational therapy assistant. Section 20. Severability . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsection, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 21. Effective Date . This Act shall become effective on July 1, 1976. Section 22. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. EFFECTIVE DATE OF ALCOHOLISM TREATMENT ACT CHANGED. No. 1151 (House Bill No. 1273). An Act to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March

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18, 1974 (Ga. L. 1974, p. 200), as amended, 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), as amended, is hereby amended by striking section 23 in its entirety and inserting in lieu thereof a new section 23 to read as follows: Section 23. Effective Date. This Act shall become effective on July 1, 1977. Section 2 . This Act shal become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. WILLSPROCEDURE PROVIDED FOR ADMINISTRATION OF CERTAIN MISSING PERSONS' ESTATES. No. 1152 (House Bill No. 1282). An Act to amend an Act providing for the administration of estates of persons who are missing and for the probate of wills of such persons, approved March 27, 1947 (Ga. L. 1947, p. 1131), so as to provide a procedure for the administration of estates and the probate of wills of persons who are missing under circumstances which would lead to the conclusion that said persons are dead; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the administration of estates of persons who are missing and for the probate of wills of such persons, approved March 27, 1947 (Ga. L. 1947, p. 1131), is hereby amended by adding in the first sentence of section 1 between the words for and and the following: or when any resident of this State may be missing from his usual place of abode for a period of not less than one year and it shall appear by a preponderance of the evidence that said person is dead, Letters of Administration may also be applied for;, so that when so amended, section 1 shall read as follows: Section 1. Application for Administration upon Estates of Persons Believed to be Dead . Letters of Administration on the estate of any person believed to be dead, on account of absence for seven (7) years or more from the place of his last domicile, may be applied for; or when any resident of this State may be missing from his usual place of abode for a period of not less than one year, and it shall appear by a preponderance of the evidence that said person is dead, Letters of Administration may also be applied for; and if the Judge of the Probate Court of the county in which the estate of such person could be administered were the supposed decedent known to be dead is satisfied that the applicant would be entitled thereto were such supposed decedent known to be dead, he shall order a notice to be published in a newspaper having a general circulation in such county once a week for four (4) weeks giving notice that on a day stated, which must be at least two (2) weeks after the last publication, evidence would be heard by the Court concerning the alleged absence of the supposed decedent, and the circumstances and duration thereof. Provided, however, before letters of administration or letters testamentary shall be granted on the estate of any person on account of absence for less than seven years, evidence of death, by a preponderance of the evidence, must be presented to the Probate Judge.

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Section 2 . Said Act is further amended by striking from section 2 the word the as it appears between the words whether and presumption and substituting in lieu thereof the word a, so that when so amended, section 2 shall read as follows: Section 2. Evidence of Presumption . At the hearing the Judge of the Probate Court shall hear such evidence as shall be offered, for the purpose of ascertaining whether a presumption of death is established, and no person shall be disqualified to testify by reason of his relationship as husband or wife to the supposed decedent or of his interest in the estate of the person believed to be dead. Section 3 . Said Act is further amended by striking from Section 3 the word the as it appears between the words that and legal and substituting in lieu thereof the word a, so that when so amended, section 3 shall read as follows: Section 3. Order of Presumption . If satisfied, upon the hearing, that a legal presumption of death is established, the Judge of the Probate Court shall issue an order to that effect, and shall forthwith cause notice thereof to be published once a week for four (4) consecutive weeks in a newspaper having general circulation in said county, as well as in a newspaper having general circulation in the place where the supposed decedent was last heard from, if such place is not within said county. Said notice shall require the supposed decedent, if alive, or any person for him, to produce within three (3) months from the date of its first insertion, satisfactory evidence of his continuance in life. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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MUNICIPALITIESALTERNATE ANNEXATION METHOD PROVIDED. No. 1153 (House Bill No. 1310). An Act to amend an Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area, approved February 27, 1962 (Ga. L. 1962, p. 119), as amended by an Act approved April 18, 1969 (Ga. L. 1969, p. 504), and to amend an Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 60% of resident electors and owners of 60% of land area, approved March 10, 1966 (Ga. L. 1966, p. 409), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 399), so as to amend those provisions defining contiguous area so that in determining if an area is contiguous to the municipal boundary, which area is separated by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, only the definite width of said street or street right-of-way or creek or river or right-of-way of a railroad or other public service corporation may be used to determine if said area is contiguous; to change the provisions relating to annexation of property owned by municipalities; to provide that certain property shall have its area included in determining the aggregate external boundary of an area to be annexed; 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 alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area, approved February 27, 1962 (Ga. L. 1962, p. 119), as amended by an Act approved April 18, 1969 (Ga. L. 1969, p. 504), is hereby

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amended by striking in its entirety section 2 of said Act and substituting the following: Section 2. `Contiguous area' shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or which would directly abut the municipal boundary if not otherwise separated from the municipal boundary by lands owned by the city or some other political subdivision, or lands owned by the State of Georgia, or by the definite width of: (a) any street or street right-of-way; (b) any creek or river; (c) or any right-of-way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed; provided, however, if the entire area to be annexed is, at the time annexation procedures are initiated, owned by the municipal governing authority to which the area is to be annexed, and said annexation of municipally owned property is approved by resolution of the governing authority of the county wherein said property is located, then `contiguous area' shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or which would directly abut the municipal boundary if not otherwise separated from the municipal boundary by lands owned by the city or some other political subdivision, or lands owned by the State of Georgia, or by the definite width or by the length of: (a) any street or street right-of-way; (b) any creek or river; (c) or any right-of-way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed. 100% method. Section 2 . An Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 60% of resident electors and owners of 60% of land area, approved March 10, 1966 (Ga. L. 1966, p. 409), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 399), 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. (a) `Contiguous area' shall mean any area which, at the time annexation procedures are initiated, abuts

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directly the municipal boundary on at least one-eighth of the area's aggregate external boundary. Any area shall also be a `contiguous area' if at least one-eighth of the aggregate external boundary of the area proposed to be annexed would directly abut the municipal boundary if not otherwise separated, in full or in part, from the municipal boundary by lands owned by the city, or lands owned by a county, or lands owned by the State of Georgia or by the definite width of: (1) any street or street right-of-way (2) any creek or river; (3) or any right-of-way of a railroad or other public service corporation: Provided, however, there shall be no annexation across the boundary lines of any county under the provisions of this law. 60% method. (b) For purposes of determining an area's aggregate external boundary, all real property which, at the time annexation procedures are initiated, (1) is owned by the same person who owns real property in the area to be annexed, and (2) adjoins to any extent said owner's real property in the area to be annexed, and (3) is in the same county as the real property in the area to be annexed, and (4) is not included within the boundaries of any incorporated municipality, shall have its area included in determining the aggregate external boundary of the area to be annexed. Section 3 . This Act shall become effective on January 1, 1977. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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COUNTIESMUNICIPALITIESPLANNING AND ZONING POWER. No. 1154 (House Bill No. 1324). An Act to provide that each county and each municipality and any combination of any such political subdivisions may exercise the power of planning and zoning; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Each county and each municipality and any combination of any such political subdivisions may exercise the power of planning and zoning. Section 2 . Nothing contained within this Act shall be construed to repeal an Act authorizing the governing authorities of municipalities to enact zoning and planning ordinances and regulations, approved January 31, 1946 (Ga. L. 1946, p. 191), as amended, or to repeal an Act authorizing the governing authorities of municipalities and counties to established separate or joint planning commissions, approved March 13, 1957 (Ga. L. 1957, p. 420), as amended. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. EVIDENCECOMPETENCY OF CERTAIN WITNESSES IN CHILD ABANDONMENT AND ADULTERY MATTERS PROVIDED. Code 74-9902 Amended. Code 38-1606 Amended. No. 1155 (House Bill No. 1348). An Act to amend Code section 74-9902, relating to the crime of child abandonment, as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 481), an Act approved

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January 31, 1946 (Ga. L. 1946, p. 63), an Act approved February 15, 1952 (Ga. L. 1952, p. 173), an Act approved March 17, 1956 (Ga. L. 1956, p. 800), an Act approved March 17, 1960 (Ga. L. 1960, p. 952), an Act approved March 12, 1965 (Ga. L. 1965, p. 197), an Act approved April 11, 1967 (Ga. L. 1967, p. 453), and an Act approved April 13, 1973 (Ga. L. 1973, p. 697), so as to provide that the mother and the father of the child shall be competent witnesses in such cases; to amend Code section 38-1606, relating to competency to testify in adultery cases, as amended by an Act approved March 15, 1935 (Ga. L. 1935, p. 120) and an Act approved February 21, 1951 (Ga. L. 1951, p. 596), so as to provide that the mother and the father of an abandoned child shall be competent witnesses in a criminal case involving the crime of abandonment of the child; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 74-9902, relating to the crime of child abandonment, as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 481), an Act approved January 31, 1946 (Ga. L. 1946, p. 63), an Act approved February 15, 1952 (Ga. L. 1952, p. 173), an Act approved March 17, 1956 (Ga. L. 1956, p. 800), an Act approved March 17, 1960 (Ga. L. 1960, p. 952), an Act approved March 12, 1965 (Ga. L. 1965, p. 197), an Act approved April 11, 1967 (Ga. L. 1967, p. 453), and an Act approved April 13, 1973 (Ga. L. 1973, p. 697), is hereby amended by adding after the second sentence in the first paragraph of said Code section, the following: The mother and the alleged father of the child, either legitimate or illegitimate, shall be competent witnesses in such cases to testify for or against each other, notwithstanding the fact that such testimony may relate to adultery by their the mother or the father which may have resulted in the conception of the child., so that when so amended, the first paragraph of Code section 74-9902 shall read as follows:

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If any father or mother shall willfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, he or she, as the case may be, shall be guilty of a misdemeanor: Provided, however, if any father or mother shall willfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, and shall leave this State, or if any father or mother shall willfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, after leaving this State, he or she, as the case may be, shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary for not less than one nor more than three years, which shall be reducible to a misdemeanor. The wife and husband shall be competent witnesses, in such cases to testify for or against the other. The mother and the alleged father of the child, either legitimate or illegitimate, shall be competent witnesses in such cases to testify for or against each other, notwithstanding the fact that such testimony may relate to adultery by either the mother or the father which may have resulted in the conception of the child. A child thus abandoned by the father or mother shall be considered to be in a dependent condition when the father or mother charged with the offense does not furnish sufficient food, clothing or shelter for the needs of the child. The offense of abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this Section, if it shall be made to appear that said child was in a dependent condition as defined herein for a period of 30 days prior to the commencement of prosecution. Code 74-9902 amended. Section 2 . Code section 38-1606, relating to competency to testify in adultery cases, as amended by an Act approved March 15, 1935 (Ga. L. 1935, p. 120) and an Act approved February 21, 1951 (Ga. L. 1951, p. 596), is hereby amended by adding before the period at the end of said Code section, the following: ; and provided further that in any criminal case involving the crime of child abandonment the mother and the alleged father of the child, either legitimate or illegitimate,

Page 1017

shall be competent witnesses in such cases to testify for or against each other, notwithstanding the fact that such testimony may relate to adultery by either the mother or the father which may have resulted in the conception of the child, so that when so amended, Code section 38-1606 shall read as follows: 38-1606. Adultery cases . Nothing contained in section 38-1603 shall apply to any action, suit, or proceeding in any court, instituted in consequence of adultery: Provided, however, that this Section shall not prevent a party charged with adultery from being competent to testify as to his or her innocence of such charge; and provided further that in any criminal case involving the crime of child abandonment the mother and the alleged father of the child, either legitimate or illegitimate, shall be competent witnesses in such cases to testify for or against each other, notwithstanding the fact that such testimony may relate to adultery by either the mother or the father which may have resulted in the conception of the child. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. DIVORCEATTORNEY FEESATTORNEY MAY SUE TO ENFORCE. Code 30-202.1 Amended. No. 1156 (House Bill No. 1349). An Act to amend Code section 30-202.1, making the grant of attorney's fees in cases involving alimony or divorce a final judgment, so as to authorize an attorney granted attorney's fees pursuant to said Code section to bring an

Page 1018

action in his own name to enforce such grant; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 30-202.1, making the grant of attorney's fees in cases involving alimony or divorce a final judgment, is hereby amended by adding at the end of said Code Section, the following: An attorney may bring an action in his own name to enforce a grant of attorney's fees made to him pursuant to this Section., so that when so amended, Code section 30-202.1 shall read as follows: 30-202.1. The Grant of Attorney's Fees to be a Final Judgment .The grant of attorney's fees as a part of the expenses of litigation made at anytime during the pendency of the litigation, whether the action be for alimony, divorce and alimony, or contempt of court arising out of either an alimony case or a divorce and alimony case shall be a final judgment as to the amount granted, whether the grant be in full or on account, and may be enforced by attachment for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not; provided that nothing contained herein shall be construed to mean that attorney's fees shall not be awarded at both the temporary hearing and the final hearing. An attorney may bring an action in his own name to enforce a grant of attorney's fees made to him pursuant to this section. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

Page 1019

REVENUEGEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDLOCAL SALES TAXTIME LIMIT PROVISIONS, ETC. No. 1157 (House Bill No. 1353). 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 April 24, 1975 (Ga. L. 1975, p. 984; Act No. 598), so as to provide a time limitation within which the governing authority of any county or municipality in which said tax has been approved by the people in a referendum may levy such tax; to clarify the formula for distribution of the proceeds of such tax; to authorize municipalities to call for a referendum in the event the county in which such municipality is located discontinues its levy of such tax; to authorize counties to call a referendum within 24 months of a previous referendum under certain circumstances; to authorize municipalities to call for a referendum in the event the county does not levy the tax within the time limitation after said tax has been approved by the people; to clarify the authority of municipalities to levy the tax provided for in this Act when the imposition thereof has been approved in a referendum election; to clarify the definition of the phrase special district of taxation for services as used in section 26A(i) of said Act; to authorize municipalities to impose such tax without a referendum under certain conditions; to change the language of sections 26A(j) and 26A(k) of said Act so as to clarify the intention of the General Assembly with respect to the property tax roll-back provided for in said subsections; to provide for certain printing on tax bills; to provide that consolidated city-county governments shall be considered municipalities for the purposes of the local option sales and use tax; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1020

Section 1 . An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. L. 1975, p. 984), is hereby amended by deleting the first sentence of section 26A(c) thereof in its entirety and substituting in lieu thereof the following: (c) If such action is approved in a referendum election as provided by subsection (b) of this section, the governing authority of such 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 following the certification of the results of such election, and not otherwise, stating its purpose and referring to this section, and providing that such resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than eighty (80) days after the adoption of such resolution, 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. Section 2 . Said Act is further amended by deleting in its entirety paragraph (2) of section 26A(e) which reads as follows: (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.,

Page 1021

and inserting in lieu thereof a new paragraph (2) of section 26A(e), to read as follows: (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 such county in the area outside the limits of any municipality, as herein defined, bears to the total population of such county. Tax distribution. Section 3 . Said Act is further amended by deleting the first sentence of section 26A(f)(1), and inserting in lieu thereof a new first sentence, to read as follows: (f)(1)(A) 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 of the municipality's resolution, or in the event the referendum provided for in section 26A(b) shall have been held and the result was disapproval of the imposition of the tax provided for in this section, or in the event the referendum provided for in section 26A(b) shall have been held and the result was approval of the imposition of the tax provided for in this section but the governing authority of such county shall have failed to levy the tax as provided in section 26A(c), or in the event the county governing authority has discontinued its levy of the tax as provided in subsection (h) hereof, 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. Section 4 . Said Act is further amended by inserting in

Page 1022

the last sentence of section 26A(f)(1)(A) thereof, between the words: provided for herein, then, and the words the entire proceeds of such tax, the words: the governing authority of such municipality shall be authorized to levy a local sales and use tax under this section, and, so that said sentence, as amended, shall read as follows: If the imposition of such tax is approved at the referendum election provided for herein, then the governing authority of such municipality shall be authorized to levy a local sales and use tax under this section, and the entire proceeds of such tax, except for the percentage provided for in paragraph (1) of subsection (e) of this 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. Section 5 . Said Act is further amended by adding a paragraph at the end of section 26A(f)(1), which shall read as follows: (B) In the event the governing authority of either of the two most populous municipalities located within a particular county shall hold a referendum election as authorized by this section on the question of the imposition of the tax within the corporate limits of such municipality and said question is approved, the governing authority of the particular county may, at any time following the date of the approval of the question in either of said municipalities, issue the call for a referendum election on the question of the

Page 1023

imposition of such tax within all areas of such county which have not approved such tax to be submitted to the voters residing in those areas which have not approved such tax regardless of whether such question of the imposition of such tax as authorized by this paragraph is held within 24 months immediately following the month in which an election was previously held as provided for in section 26A(b) or in section 26A(f)(1). In the event a referendum election on the question of the imposition of such tax as authorized by this paragraph is held by any county, the provisions of section 26A(b) shall apply to the referendum election except that: (i) The question on the ballot shall be changed to apply to all areas of the county which have not approved the question of the imposition of the tax, and (ii) The voters in said referendum election shall be those voters residing in those areas of the county which have not approved such tax. If the imposition of such tax is approved in a referendum election as provided in this paragraph, the governing authority of such county shall be authorized to levy a local sales and use tax under this section as provided for in subsection (c) of this section. Section 6 . Said Act is further amended by adding after the word Section and before the word and in section 26A(f)(2), the following: , or by subsection (f) (1) (B) of this section,, so that said paragraph, as amended, shall read as follows: 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, or by subsection (f)(1)(B) of this Section, and the imposition of such tax is approved at such referendum election, then the authority of any municipality located wholly or partially

Page 1024

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. Section 7 . Said Act is further amended by adding at the end of section 26A(f)(2) a new paragraph, which shall read as follows: In the event that any county shall subsequently hold a referendum election on the question of imposing the tax as authorized by subsection (a) or by subsection (f)(1)(B) of this Section and the county governing authority levies the tax and within 12 months from the effective date of the imposition of the tax discontinues its levy of the tax, then the governing authority of any municipality which levied the tax as provided in subsection (f)(1)(A) prior to any such county referendum election shall be authorized to impose the tax as provided in section 26A(f) hereof without resubmitting the question of the imposition of such tax to the residents of such municipality. Section 8 . Said Act is further amended by adding after the word section and before the word and in section 26A(f)(3), the following: , or by subsection (f)(1)(B) of this section,, so that said paragraph, as amended, shall read as follows: 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, or by subsection (f)(1)(B) 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; provided,

Page 1025

however, that in the event any municipality in any county passes the local option sales tax, the county may hold a referendum after the referendum has passed in the municipality of said county. Section 9 . Said Act is further amended by adding at the end of section 26A(i) thereof the following: , regardless whether such portions lie within or without any other special tax districts created by law, so that, when amended, said subsection shall read as follows: (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, regardless whether such portions lie within or without any other special tax districts created by law. Section 10 . Said Act is further amended by deleting section 26A(j) thereof in its entirety, and inserting in lieu thereof a new section 26A(j), to read as follows: (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, the governing authority of any county receiving any proceeds from the imposition of such tax shall adjust the mill rate for county ad valorem taxation within the special district of taxation for services, created by the provisions of subsection (i) of this section, so that the mill rate levied for county operations and maintenance on tangible property within the special district, shall be the following: the mill

Page 1026

rate produced by subtracting from the mill rate which would produce revenue in an amount equal to the revenue received for county operations and maintenance from the taxation of tangible property for the preceding year located within the special district, the mill rate which, if levied against the tangible property in the special district 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 rate for county ad valorem taxation within the special district of taxation for services, created by the provisions of subsection (i) of this Section, so that the mill rate levied for county operation and maintenance on tangible property within the special district shall not exceed the mill rate levied by the county on tangible property outside such special district minus that mill rate which, if levied against the tangible property within the special district 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, as a result of this subsection, the mill rate levied for county operation and maintenance on tangible property shall be reduced to zero, then any funds derived from the tax authorized by this Act which remain in the county general fund may be expended by the governing authority of such county for any lawful governmental purpose, including the retirement of bonded indebtedness.

Page 1027

The taxing authority of each county coming under the provisions of this section shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of county ad valorem property taxes which such taxpayer has received as a result of such county coming under the provisions of this section. Section 11 . Said Act is further amended by striking section 26A(k) in its entirety and inserting in lieu thereof a new section 26A(k), to read as follows: As a condition precedent for authority to levy the tax or collect any proceeds from the tax authorized by this Section for the year following the initial year in which it is levied, the governing authority of any municipality levying such tax or collecting any proceeds from such tax shall adjust the mill rate for ad valorem taxation for operations and maintenance of such municipality so that the revenue derived from ad valorem taxation of tangible property 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. If, as a result of this subsection, the mill rate levied for municipal operation and maintenance on tangible property shall be reduced to zero or if no ad valorem tax is levied upon tangible property by a municipality, then any funds derived from the tax authorized by this Act which remain in the general fund of such municipality may be expended by the governing authority of such municipality for any lawful governmental purpose, including the retirement of bonded indebtedness.

Page 1028

The taxing authority of each municipality coming under the provisions of this section shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of municipal ad valorem property taxes which such taxpayer has received as a result of such municipality coming under the provisions of this section. Section 12 . Said Act is further amended by adding at the end of section 26A a new subsection to be designated subsection (q), to read as follows: (q) The provisions of this section relative to counties shall not be applicable in counties with a consolidated city-county government. For the purposes of this section a consolidated city-county government shall be considered a municipality, but the conditions precedent to the issuance of a call for a referendum by a municipality contained in section (f)(1) shall not apply to such consolidated city-county governments. Section 13 . Said Act is further amended by adding, at the end of the second sentence of the second paragraph of section 26A(b) thereof, the following: ; provided, the time limitation of this sentence shall not apply to any election held prior to January 15, 1976. so that said sentence, as amended, shall read as follows: 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 twenty-four months immediately following the month in which such election was held; provided the time limitation of this sentence shall not apply to any election held prior to January 15, 1976. Section 14 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

Page 1029

EMPLOYMENT SECURITY LAW AMENDEDAVAILABILITY FOR EMPLOYMENT PROVIDED, ETC. No. 1158 (House Bill No. 1367). 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 replace present benefit table by adding a formula effective April 1, 1976; to require claimant to show his or her availability; to require the earning of wages and not insured wages to establish eligibility for payment in a new benefit year; to require a person voluntarily retired to earn wages and not insured wages in order to establish a claim; to change the disqualification provisions related to voluntary quit, discharge for cause, and refusal of suitable work; to add a definition of suitable work; to require separation notices; to allow only Agency personnel to record claim hearings except under certain circumstances; to qualify the operating of the Statewide Reserve Ratio tables; to add a lower rate to the tax table, which an employer may earn through experience; to allow borrowing from the Federal Trust Fund should the Georgia Unemployment Trust Fund become depleted; to strike provisions relating to special and general rules; to change the tax base from $4,200 to $6,000; to add provisions relative to real estate and insurance salesmen employed by a nonprofit employer, State hospital or institution of higher education as required by the Federal Unemployment Tax Act; to add to the definition of most recent employer; to define bona fide in the labor market; to give the Commissioner of Labor sole responsibility and authority for negotiating and entering into lease agreements for property necessary for administration of all programs for which he has responsibility; to change the provisions relative to the payment of contributions by employers; to provide for the severability of provisions of said Act which do not conform to federal law; to provide for other matters relative to the foregoing; to provide for severability; to provide for effective

Page 1030

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, immediately following the last step in the benefit table in paragraph (1) of subsection (b) of section 3, a new unnumbered paragraph to read as follows: Provided, however, to be effective April 1, 1976, and effective with benefit years beginning on and after April 1, 1976, an individual's weekly benefit amount shall be that whole dollar amount computed by dividing the total insured wages paid such individual in that quarter of his base period in which such total wages were highest by 25 and adding 1 to the whole dollar amount of the quotient, 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 1.5 times the total insured wages paid such individual in that quarter of his base period in which such total wages were highest; provided further, that when the weekly benefit amount, as computed, would be more than $11 and less than $27, the individual's weekly benefit amount will be $27; provided further, that no weekly benefit amount shall be established for less than $27 nor more than $90. Section 2 . Said Act is further amended by striking from the beginning of section 4 only that phrase which reads as follows: An unemployed individual shall be eligible to receive benefits with respect to any week only if the Commissioner finds that:, and substituting in lieu thereof the following: An unemployed individual shall be eligible to receive benefits with respect to any week only if such unemployed

Page 1031

individual shows to the satisfaction of the Commissioner that:. Section 3 . Said Act is further amended by striking the word insured where it appears in subsections (f) and (g) of section 4 so that when amended, subsections (f) and (g) of section 4 shall read as follows: (f) He has, since the effective date of his last established previous benefit year, performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount of the new benefit-year claim. (g) He has, since retiring of his own volition to receive a pension, performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount. Section 4 . Said Act is further amended by striking subsections (a), (b) and (c) of section 5 in their entirety and substituting in lieu thereof new subsections (a), (b) and (c) of section 5 to read as follows: (a) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits after he has left his most recent employer voluntarily without good cause in connection with his most recent work as determined by the Commissioner according to the circumstances in the case, and until he has secured employment and shows to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount of his claim. (b) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits after he has been discharged or suspended from work with his most recent employer for failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed, and for not less than four weeks and not more than eleven weeks, which immediately follow the week in which

Page 1032

said valid claim was filed as determined by the Commissioner in the case according to the seriousness of the offense, not counting the waiting period: Provided, however, there shall be charged against the benefits to which the individual is entitled under section 3(b), hereof, an amount equal to his weekly benefit amount for each week of such disqualification; provided, however, in the Commissioner's determination the burden of proof of just discharge or suspension for cause as set forth shall be on the employer and the presumption shall be with the employee. (c) If he has failed without good cause, either to apply for available, suitable work when so directed by an employment office or the Commissioner, or his employer (provided said employer shall report said offer of suitable work in writing to the Commissioner as prescribed by regulation), or to accept suitable work when offered him by his employer, or to return to his customary self-employment (if any) when so directed by the Commissioner. Such disqualification shall continue until he has secured employment and shows to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount of his claim. (1) In determining whether or not any work is suitable for an individual, the Commissioner shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence. In making determinations under this paragraph, the length of unemployment shall be given full consideration, and after an adjustment period, the claimant must accept work involving less competence and at a lower remuneration. If a claimant has received eight weeks of benefits during his current period of unemployment, no work otherwise suitable shall be considered unsuitable because of prior training, claimant's experience and prior earnings, or level of compensation, provided such compensation is equal to or

Page 1033

exceeds 125% of the amount derived by dividing the total insured wages paid such individual in that quarter of his base period in which such total wages were highest by 25 and adding 1 to the integer value of the quotient. If a claimant has received thirteen weeks of benefits during his current period of unemployment, no work shall be considered unsuitable because of prior training, the claimant's experience and prior earnings, or level of compensation, provided such compensation is equal to or exceeds 110% of the amount derived by dividing the total insured wages paid such individual in that quarter of his base period in which such total wages were highest by 25 and adding 1 to the integer value of the quotient; provided, however, such compensation must be equal to or greater than the minimum wage established by federal or State laws. (2) Notwithstanding any other provisions of this Act, no work shall be deemed suitable and benefits shall not be denied under this Act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) if the position offered is vacant due directly to a strike, lockout, or other labor dispute; (b) if the wages, hours, or other conditions of the work offered are less favorable to the individual than those prevailing for similar work in the locality; (c) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization. Section 5 . Said Act is further amended by adding immediately before the last sentence in subsection (a) of section 6 the following: Each employer shall furnish to each employee a separation notice at such time as said employee leaves the employment of his employer. The separation notice shall contain detailed reasons for the employee's separation and the employee shall tender this separation notice to the claims center at the time of filing a claim for benefits. This separation notice shall be otherwise in such form as prescribed in regulations by the Commissioner.,

Page 1034

so that when so amended subsection (a) of section 6 shall read as follows: (a) Filing . Claims for benefits shall be made in accordance with such regulations as the Commissioner may prescribe. Each employer shall post and maintain in places readily accessible to individuals in his service printed statements concerning such regulations or such other matters, as the Commissioner may by regulation prescribe. Each employer shall make available to such individuals copies of such printed statements or materials relating to claims for benefits as the Commissioner may by regulation prescribe. Each employer shall furnish to each employee a separation notice at such time as said employee leaves the employment of his employer. The separation notice shall contain detailed reasons for the employee's separation and the employee shall tender this separation notice to the claims center at the time of filing a claim for benefits. This separation notice shall be otherwise in such form as prescribed in regulations by the Commissioner. Such printed statements or materials shall be supplied by the Commissioner to each employer without cost to him. Section 6 . Said Act is further amended by adding at the end of subsection (f) of section 6 the following: Due to the confidential nature of the proceedings, only Agency personnel or the Board of Review shall be permitted to make a recording, of any type whatsoever, of any hearing involving a claim for benefits or an appeal therefrom; provided, however, such hearing may be recorded by one or both of the interested parties provided prior written consent is received by the Agency from all interested parties., so that when so amended, said subsection (f) of section 6 shall read as follows: (f) Procedure . The manner in which appealed claims shall be presented, and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Board of Review for determining the rights of the parties, whether or not such regulations conform to common law or

Page 1035

statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with an appealed claim. All testimony at any hearing upon a claim shall be recorded, but need not be transcribed unless the disputed claim is further appealed. Due to the confidential nature of the proceedings, only Agency personnel or the Board of Review shall be permitted to make a recording, of any type whatsoever, of any hearing involving a claim for benefits or an appeal therefrom; provided, however, such hearing may be recorded by one or both of the interested parties provided prior written consent is received by the Agency from all interested parties. Section 7 . Said Act is further amended by adding immediately following the second Rate Table appearing in paragraph (6) of subsection (c) of section 7, the following: Notwithstanding the above Table, the following provisions shall be applicable for the dates and categories covered thereby: If the excess percentage on: June 30, 1975 of June 30 of subsequent years The Contribution Rate is (Percent) Equals or Exceeds But is Less Than .08 8.64 8.95 .04 8.95 and over. Section 8 . Said Act is further amended by adding at the end of the second paragraph of paragraph (8) of subsection (c) of section 7 the following: Provided, however, that such overall reduction for any year shall not exceed two steps more than the prior year: , so that when so amended said second paragraph of paragraph (8) of subsection (c) of section 7 shall read as follows:

Page 1036

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. Provided, however, that such overall reduction for any year shall not exceed two steps more than the prior years:. Section 8A . Said Act is further amended by adding at the end of section 7 a new paragraph to read as follows: Notwithstanding any other provisions of this Act, an employer shall not be required to pay contributions on any employee who is enrolled in an institution of higher education in this State and who is ineligible to receive benefits under this Act as a result of such enrollment; provided, however, that upon termination of such enrollment, employer contributions on such employees shall be required unless otherwise provided in this Act. Section 9 . Said Act is further amended by striking from paragraph (8) of subsection (c) of section 7 only the unnumbered paragraph appearing immediately following the Statewide Reserve Ration table concerning tax, increase which unnumbered paragraph reads as follows: 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., and substituting in lieu thereof the following paragraph: Provided, however, that such overall increase for any

Page 1037

year shall not exceed two steps more than the prior year; provided further, the computed rates after application of percentage reductions or increases will be rounded to the nearest one-hundredth (1/100) of one percent (1%). Section 10 . Said Act is further amended by adding at the end of section 9 a new subsection (f) to read as follows: (f) The Commissioner is hereby authorized to borrow funds from the United States Treasury in accordance to standards and regulations promulgated by the U.S. Department of Labor and pursuant to laws of the United States. Such authority is granted only to be used when or if the Georgia Unemployment Compensation Fund should be depleted, and all funds so borrowed shall be used only for the purpose of paying benefits to those persons eligible to receive such benefits. Section 11 . Said Act is further amended by striking subsection (b) of section 11, which reads as follows: (b) Regulations and General and Special Rules . General and special rules may be adopted, amended, or rescinded by the Commissioner only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective ten days after filing with the Secretary of State and publication in one or more newspapers of general circulation in this State. Special rules shall become effective ten days after notification to or mailing to the last known address of the individuals or concerns affected thereby. Regulations may be adopted, amended, or rescinded by the Commissioner and shall become effective in the manner and at the time prescribed by the Commissioner., in its entirety. Section 12 . Said Act is further amended by striking the words and general and special rules where the same appear in subsection (c) of section 11 so that when amended subsection (c) of section 11 shall read as follows: (c) Publication . The Commissioner shall cause to be

Page 1038

printed for distribution to the public the text of this Act, his regulations, his annual reports to the Governor, and any other material he deems relevant and suitable, and shall furnish the same to any person upon application therefor. Section 13 . Said Act is further amended by adding at the end of subparagraph (M) of paragraph (12) of subsection (h) of section 19 the following: Provided, however, effective January 1, 1976, and there-after, such service performed by such person in the employment of any nonprofit organization or hospital or institution of higher education operated by the State or an instrumentality thereof shall be considered in employment for the purposes of this Act., so that when so amended, said subparagraph (M) of paragraph (12) of subsection (h) of section 19 shall read as follows: (M) Service performed by an individual for an employer as an insurance agent or as an insurance solicitor or as a licensed real estate salesman, if all such service performed by such individual for such employer is performed for remuneration solely by way of commission. Provided, however, effective January 1, 1976, and thereafter, such service performed by such person in the employment of any nonprofit organization or hospital or institution of higher education operated by the State or an instrumentality thereof shall be considered in employment for the purposes of this Act. Section 14 . Said Act is further amended by adding between the figure 1972 and the word have where the same appear in paragraph (1) of subsection (n) of section 19, the following: through December 31, 1975, and $6,000.00 beginning January 1, 1976,, so that when so amended, said paragraph (1) of subsection (n) of section 19 shall read as follows:

Page 1039

(1) For the purposes of section 7 of this Act, except paragraphs (c) (2) and (8) thereof, and of subsection (a) of this section, that part of the remuneration which, after remuneration equal to $3,000.00 through December 31, 1971, and $4,200.00 beginning January 1, 1972 through December 31, 1975, and $6,000.00 beginning January 1, 1976, have been paid to an individual by an employer during any calendar year with respect to employment within this or any other State, is paid to such individual by such employer during such calendar year: Provided, further, that in cases of successorship of an employer the amount of wages paid by the predecessor shall be considered, for purposes of this provision, as having been paid by the successor employer; and. Section 15 . Said Act is further amended by striking the word and where it appears at the end of paragraph (3) of subsection (n) of section 19 and inserting in lieu thereof the following: provided, however, effective January 1, 1976, and thereafter, such service performed by such person in the employment of any nonprofit organization or hospital or institution of higher education operated by the State or an instrumentality thereof shall be considered as receiving wages in covered employment; and, so that when so amended, said paragraph (3) of subsection (n) of section 19 shall read as follows: (3) Payments made after July 1, 1966, as commission by a real estate broker to a licensed real estate salesman exclusively for the sale of real property; provided, however, effective January 1, 1976, and thereafter, such service performed by such person in the employment of any nonprofit organization or hospital or institution of higher education operated by the State or an instrumentality thereof shall be considered as receiving wages in covered employment; and. Section 16 . Said Act is further amended by adding the words, or any governmental agency at the end of the beginning language of subsection (x) of section 19 where

Page 1040

such language appears immediately preceding paragraph (1) of said subsection (x) so that when so amended the beginning language of subsection (x) of section 19 shall read as follows: Most Recent Employer' means a bona fide legal entity liable for payment of the unemployment insurance tax or any governmental agency. Section 17 . Said Act is further amended by adding at the end of section 19 a new subsection (y) to read as follows: (y) `bona fide in the labor market'This term as used in section 4(c) of this Act shall mean that any person claiming benefits under this Act must be available for full-time work, as that term is generally understood in the trade or work classification involved, without regard to prior work restrictions. Availability shall be for full-time continuous employment. Section 18 . Said Act is further amended by adding following section 20A a new section to be designated section 20B, to read as follows: Section 20B. The Commissioner of Labor shall have sole authority and responsibility to negotiate for or to enter into any necessary agreements to lease any and all property needed for establishing and maintaining offices for administration of unemployment claims and tax activities and training and placement activities prescribed in the Social Security Act, other Federal Acts and the Georgia Employment Security Act, and for all other programs for which he, as Commissioner of Labor, has responsibility for administering under present and future Federal laws or by contract. Section 19 . Said Act is further amended by adding following section 21 a new section to be designated section 21A, to read as follows: Section 21A. In the event any section, subsection, paragraph,

Page 1041

subparagraph, sentence, clause, or phrase of this Act shall be ruled out of conformity with federal law by the United States Secretary of Labor, such section or subsection shall be null and void and of no force and effect. 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 out of conformity with federal law by the United States Secretary of Labor. Section 20 . 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. Effective date. Section 21 . This Act shall become effective upon signature of the Governor or otherwise, by law without his signature, with the exception of sections 1, 3, and 4, which shall be effective April 1, 1976, and section 5, which shall be effective July 1, 1976. Section 22 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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REVENUEBOARDS OF TAX ASSESSORSPENALTY PROVISIONS CHANGED. Code 92-6913 Amended. No. 1159 (House Bill No. 1385). An Act to amend Code section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended, so as to change the provisions relative to the amount of the penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended, is hereby amended by striking therefrom the following: penalty of 10%, and inserting in lieu thereof the following: penalty of 10 percent of the amount of such tax due, so that when so amended, Code section 92-6913 shall read as follows: 92-6913. Duty to Ascertain What Property Is Subject to Taxation . It shall be the duty of the board to diligently investigate and inquire into the property owned in the county for the purpose of ascertaining what property, real and personal, is subject to taxation in the county, and to require its proper returns for taxation. The board shall make such investigation as may be necessary to determine the value of any property upon which for any reason all taxes due to the State or to the county have not been paid in full as required by law, and, in all cases where the full amount of taxes due the State or county have not been paid, it shall be the duty

Page 1043

of the tax assessors to assess against the owner, if known, and the property, if the owner is not known, the full amount of taxes which have accrued and which may not have been paid at any time within the statute of limitations. In all cases where taxes are assessed against the owner of property, the tax assessors may proceed to assess the same against the owner thereof according to the best information obtainable and such assessment, if otherwise lawful, shall constitute a valid lien against the property so assessed. In all cases where unreturned property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the amount of State and county taxes due a penalty of 10 percent of the amount of such tax due, except that if the principal sum of the tax so assessed is less than ten ($10.00) dollars in amount, the board shall add to the amount of State and county taxes a penalty of one ($1.00) dollar. The penalty herein provided shall be collected by the county tax collector or the county tax commissioner and in all cases paid into the county treasury and remain the property of the county. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. ALTERNATE JURORS PROVIDED IN CERTAIN CASES. No. 1160 (House Bill No. 1399). An Act to amend an Act providing the procedure for the impaneling of alternate jurors in felony cases in the superior courts of this State, approved April 9, 1968 (Ga. L. 1968, p. 1225), as amended by an Act approved March 19, 1974 (Ga. L. 1974, p. 325), so as to provide for the appointment of alternate jurors in certain cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1044

Section 1 . An Act providing the procedure for the impaneling of alternate jurors in felony cases in the superior courts of this State, approved April 9, 1968 (Ga. L. 1968, p. 1225), as amended by an Act approved March 19, 1974 (Ga. L. 1974, p. 325), is hereby amended by striking section 1, which reads as follows: Section 1. Whenever, in the opinion of a judge of a Superior Court, any felony trial is likely to be a protracted one, and the counsel for the State and the defendant shall request the selection of additional jurors or alternates, the court immediately after the jury has been impaneled and sworn, shall have, within its discretion, the power to direct the calling of one or more additional jurors, to be known as `alternate jurors'., in its entirety, and inserting in lieu thereof a new section 1, to read as follows: Section 1. Whenever, in the opinion of a judge of a superior court, any felony trial is likely to be a protracted one, the court, immediately after the jury has been impaneled and sworn shall direct the calling of one or more additional jurors, to be known as `alternate jurors'. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. REVENUETAX COLLECTORS MAY ACCEPT CHECKS, ETC. Code Chapter 92-49 Amended. No. 1161 (House Bill No. 1408). An Act to amend Code Chapter 92-49, relating to tax collectors' duties in general, as amended, so as to permit the receipt by tax commissioners and tax collectors, without personal liability, of checks and money orders; to provide a time of payment; to provide for taxpayer liability; to provide for liability of banks and others; to provide penalties; to repeal conflicting laws; and for other purposes.

Page 1045

Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 92-49, relating to tax collectors' duties in general, as amended, is hereby amended by adding after Code section 92-4917 a new Code section, to be designated Code section 92-4918, to read as follows: 92-4918Receipt of checks or money orders by tax commissioner or tax collector . (a) No Personal Liability.No tax commissioner or tax collector shall be personally liable for unpaid checks or money orders received in payment of taxes and license fees provided: (1) The governing authority of the county of said tax commissioner of tax collector has authorized the receipt of personal, company, certified, treasurer's or cashier's checks, or bank, postal or express money orders in payment of taxes and license fees; (2) Said tax commissioner or tax collector has received such checks or money orders to the extend and under the conditions prescribed by such governing authority; (3) Said tax commissioner or tax collector has made of the taxpayer on whose account such unpaid check or money order was tendered written demand for payment within 30 days after the notification of said tax commissioner or tax collector of the dishonor of said check or money order, such demand to be sent by certified mail to said taxpayer's last address as it appears on the latest records of the tax commissioner or tax collector; and (4) In all cases where payment is not received within twenty days after the mailing of the demand specified in paragraph (3), the tax commissioner or tax collector shall, within forty days after such mailing, initiate at least one of the rights and remedies allowed him by law for the enforcement of the collection and payment of taxes and license fees. (b) Time of Payment.A check or money order, when authorized, shall be deemed to be payment as of the time it

Page 1046

is tendered and received by the tax commissioner or tax collector, provided such check or money order is duly paid upon presentation to the drawee. The time of receipt as shown by the records of the tax commissioner or tax collector shall be prima facie correct as to the time of actual receipt. (c) Check or Money Order Unpaid.If a check or money order so received is not duly paid, the person on whose account such check or money order was tendered shall remain liable for the payment of the tax or license fee, and all legal penalties and additions, to the same extent as if such check or money order had not been tendered. Delay in the presentation of such check or money order for payment shall not absolve this liability. (d) Liability of Banks and Others.If any certified, treasurer's, or cashier's check, or money order, so received is not duly paid, the tax commissioner of tax collector shall, in addition to the right to exact payment from the party originally obligated therefor, have a lien for the amount of such check or money order upon all assets of the bank or trust company on which drawn, or for the amount of such money order upon all the assets of the issuer thereof; and such amount shall be paid out of such assets in preference to any other claims whatsoever against such banker or issurer. (e) Penalty for Bank Check or Money Order.If any check or money order tendered to the tax commissioner or tax collector in payment of any tax or license fee is not duly paid when presented to the drawee or issuer for payment, in addition to any other penalties provided by law, there shall be paid as a penalty by the person who tendered same, upon notice and demand of the tax commissioner or tax collector, in the same manner as tax, an amount equal to 1% of the amount of such check or order except that if the amount of such check or order is less than $500, the penalty under this Section shall be $5, or the amount of the check or order, whichever is the lesser. This subsection shall not apply if the person who tendered such check or order shall show to the satisfaction of the tax commissioner or tax

Page 1047

collector that such check was tendered in good faith and with reasonable cause to believe it would be duly paid. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CIVIL PRACTICE ACT AMENDEDMEDICAL MALPRACTICE ACTIONS, ETC. No. 1162 (House Bill No. 1446). An Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post trial procedures in civil cases, known as the Georgia Civil Practice Act approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, to provide that pleadings in actions for medical malpractice in which a claim for unliquidated damages is made for $10,000.00 or less shall contain a demand for judgment in a sum certain and in actions for medical malpractice in which claim for unliquidated damages is made for a sum exceeding $10,000.00, the demand for judgment shall state that the pleader demands judgment in excess of $10,000.00 and no further monetary amount shall be stated; to define action for medical malpractice; to provide sanctions; to provide that in cases of default judgment in an action for medical malpractice where the claim does not exceed $10,000.00, a judgment shall not be different in kind from or exceed in amount that prayed for in the demand for a judgment; to provide that in cases of default judgment in an action for medical malpractice where the claim exceeds $10,000.00, judgment may be rendered for the amount determined on a trial of the issue of damages, provided notice of such trial is served upon the defaulting party at least three days prior to that trial; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 1048

Be it enacted by the General Assembly of Georgia: Section 1 . An Act completely and exhaustively revising, superseding and modernizing pretrial, trial and certain post trial procedures 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 (a) of section 8 in its entirety and substituting in lieu thereof a new subsection (a) as follows: (a) Claims for relief. (1) An original complaint shall contain facts upon which the court's venue depends and any pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross claim, or a third party claim, shall contain (A) a short and plain statement of the claims showing that the pleader is entitled to relief, and (B) a demand for judgment for the relief to which he deems himself entitled; provided, however, that in actions for medical malpractice, as hereinafter defined, in which a claim for unliquidated damages is made for $10,000.00 or less, the pleadings shall contain a demand for judgment in a sum certain and in actions for medical malpractice in which a claim for unliquidated damages is made for a sum exceeding $10,000.00, the demand for judgment shall state that the pleader demands judgment in excess of $10,000.00, and no further monetary amount shall be stated. Relief in the alternative or of several different types may be demanded. (2) As used in this section, the term action for medical malpractice means any claim for damages resulting from the death of or injury to any person arising out of (a) health, medical, dental or surgical: (1) service; (2) diagnosis; (3) prescription; (4) treatment; or (5) care; rendered by a person authorized by law to perform such services or by any person acting under the supervision and control of such lawfully authorized person, or (b) care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility or institution, or by any officer, agent or employee thereof acting within the scope of his or her employment.

Page 1049

(3) If the provisions of subsection (1) (B) of this section are violated, the court in which the action is pending, shall upon a proper motion strike the improper portion of the demand for judgment and may impose such other sanctions, including disciplinary action against the attorney, found in section 37 of this Act as are appropriate. Section 2 . Said Act is further amended by striking subsection (c) of section 54 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Demand for judgment. (1) A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings; but the court shall not give the successful party relief, though he may be entitled to it, where the propriety of such relief was not litigated and the opposing party had no opportunity to assert defenses to such relief. (2) Notwithstanding the provisions of subsection (c) (1) where a claim in an action for medical malpractice, as hereinafter defined, does not exceed $10,000.00, a judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Where the claim exceeds $10,000.00, a judgment by default may be rendered for the amount determined upon a trial of the issue of damages, provided notice of such trial is served upon the defaulting party at least three days prior to that trial. (3) As used in this section, the term action for medical malpractice means any claim for damages resulting from the death of or injury to any person arising out of (a) health, medical, dental or surgical: (1) service; (2) diagnosis; (3) prescription; (4) treatment; or (5) care; rendered by a person authorized by law to perform such services or by any person acting under the supervision and control of such lawfully authorized person, or (b) care or service rendered by any public or private hospital, nursing home,

Page 1050

clinic, hospital authority, facility or institution, or by any officer, agent or employee thereof acting within the scope of his or her employment. Section 3 . The provisions of this Act shall become effective on September 6, 1976. Effective date Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CUSTODY OF CHILDRENCERTAIN PROVISIONS CHANGED. Code 30-127, 50-121, 74-107 Amended. No. 1163 (House Bill No. 1517). An Act to amend Code section 30-127, relating to custody of children, as amended, particularly by an Act approved March 7, 1962 (Ga. L. 1962, p. 713), to amend Code section 50-121, relating to how a wife or child may be disposed of in habeas corpus proceedings, and to amend Code section 74-107, relating to custody of minor children and the discretion of the court as to custody of minor children, as amended, particularly by an Act approved March 7, 1962 (Ga. L. 1962, p. 713), so as to provide for the review, modification or alteration of judgments effecting visitation rights between the parties and their minor children; to provide for the practices, procedures, time limitations and showings required in connection therewith; 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 30-127, relating to custody of children, as amended, particularly by an Act approved March 7, 1962 (Ga. L. 1962, p. 713), is hereby amended by adding at the end thereof the following:

Page 1051

In any case in which a judgment has been entered awarding the custody of a minor, on the motion of any party or on the motion of the court that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration, but not more often than once in each two-year period following the date of the entry of such judgment, without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor. The provisions of this Code section shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor., so that when so amended, Code section 30-127 shall read as follows: 30-127. Custody of Children . In all cases of divorce granted, the party not in default shall be entitled to the custody of the minor children of the marriage. The court, however, in the exercise of a sound discretion, may look into all the circumstances of the parties, including the improvement of the health of the party seeking a change in custody provisions, and, after hearing both parties, make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the judge of the probate court. The court may exercise a similar discretion pending the application for divorce. In all such cases and in cases where a change in custody is sought, where the child has reached the age of fourteen years, such child shall have the right to select the parent with whom such child desires to live and such selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of said child. In any case in which a judgment has been entered awarding the custody of a minor, on the motion of any party or on the motion of the court that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration, but not more often than once in each two-year period following the date of the entry of such judgment,

Page 1052

without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor. The provisions of this Code section shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor. Section 2 . Code section 50-121, relating to how a wife or child may be disposed of in habeas corpus proceedings, is hereby amended by adding at the end thereof the following; In any case in which a judgment has been entered awarding the custody of a minor, on the motion of any party or on the motion of the court that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration, but not more often than once in each two-year period following the date of the entry of such judgment, without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor. The provisions of this Code section shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor., so that when so amended, Code section 50-121 shall read as follows: 50-121. How wife or child may be disposed of .In all writs of habeas corpus sued out on account of the detention of a wife or child, the court, on hearing all the facts, may exercise his discretion as to whom the custody of such wife or child shall be given, and shall have power to give such custody of a child to a third person. In any case in which a judgment has been entered awarding the custody of a minor, on the motion of any party or on the motion of the court that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification

Page 1053

or alteration, but not more often than once in each two-year period following the date of the entry of such judgment, without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor. The provisions of this Code section shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor. Section 3 . Code section 74-107, relating to custody of minor children and the discretion of the court as to custody of minor children, as amended, particularly by an Act approved March 7, 1962 (Ga. L. 1962, p. 713), is hereby amended by adding at the end thereof the following: In any case in which a judgment has been entered awarding the custody of a minor, on the motion of any party or on the motion of the court that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration, but not more often than once in each two-year period following the date of the entry of such judgment, without the necessity of any showing of a change in any material conditions and circumstances of either party or the provisions of this code section shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor. so that when so amended, Code section 74-107 shall read as follows: 74-107. Custody of minor children, discretion of court as to . In all cases where the custody of any minor child or children is involved between the parents, there shall be no prima facie right to the custody of such child or children in the father, but the court hearing such issue of custody may in exercise of its sound discretion, taking into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provision, as to whose custody such child or children

Page 1054

shall be awarded, the duty of the court being in all such cases in exercising such discretion to look to and determine solely what is for the best interest of the child or children, and what will best promote their welfare and happiness, and make award accordingly. In all such cases and in cases where a change in custody is sought, where the child has reached the age of fourteen years, such child shall have the right to select the parent with whom such child desires to live and such selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of said child. In any case in which a judgment has been entered awarding the custody of a minor, on the motion of any party or on the motion of the court that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration, but not more often than once in each two-year period following the date of the entry of such judgment, without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor. The provisions of this Code section shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CHIROPRACTORSCERTAIN STUDENT PERFORMANCE PROVIDED. Code Chapter 84-5 Amended. No. 1164 (House Bill No. 1533). An Act to amend Code Chapter 84-5, relating to chiropractors, as amended, so as to provide that the general college training requirements shall not apply to students enrolled

Page 1055

in an approved chiropractic college prior to January 1, 1964; to provide that the Georgia Board of Chiropractic Examiners may accept for licensure a certificate from the National Board of Chiropractic Examiners in lieu of the written examination currently given by the Board if the applicant successfully completes a practical examination given by the Board; to provide that certain students enrolled in an approved chiropractic college may perform chiropractic tasks under the supervision of an authorized instructor duly licensed to practice chiropractic in this State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 84-5, relating to chiropractors, as amended, is hereby amended by adding to Code section 84-507, relating to qualifications for licensure, the following paragraph: Provided, however, that the general college training requirement set out hereinabove shall not be applicable to applicants who were students in an approved chiropractic college prior to January 1, 1964. Code 84-507 amended. Section 2 . Said Code Chapter is further amended by striking in its entirety Code section 84-508, relating to examination of applicants for licensure, and inserting in lieu thereof the following Code section 84-508 to read as follows: 84-508. Examination of applicants for license; scope; grades .All applicants for licensure shall take a written examination administered by the Georgia Board of Chiropractic Examiners which shall include the following subjects: Anatomy, physiology, symptomatology, pathology, physical diagnosis, neurology, chemistry, hygiene and sanitation, and adjusting as taught by standard chiropractic schools or colleges, bacteriology and spinography. A license shall be granted to all applicants who shall correctly answer 75 per centum of all questions asked, and if any applicant shall fail to answer correctly 75 per centum of the questions on any

Page 1056

branch of said examination, he or she shall not be entitled to a license. In lieu of the written examination administered by the Georgia Board of Chiropractic Examiners, the Board may accept a certification from the National Board of Chiropractic Examiners indicating that the applicant has passed the examination administered by the National Board of Chiropractice Examiners. In any event, the applicant will be required to successfully pass a practical examination administered by the Georgia Board of Chiropractic Examiners in order to be eligible for licensure. Section 3 . Said Code Chapter is further amended by adding at the end of Code section 84-509, relating to the scope of the practice of chiropractors, the following: Nothing in this Chapter shall be construed to prohibit the performance of any chiropractic task by a student enrolled in an approved chiropractic college, when such student has successfully completed at least one academic year of schooling therein, where such task is performed under the supervision and direction of an authorized instructor duly licensed to practice chiropractic in the State of Georgia. Code 84-509 amended. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. BUREAU OF STATE PLANNING AND COMMUNITY AFFAIRSHOUSING FUNCTIONS TRANSFERRED TO BUREAU OF COMMUNITY AFFAIRS, ETC. No. 1165 (House Bill No. 1542). An Act to amend an Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972,

Page 1057

p. 1015), as amended, so as to provide that the functions of the Bureau of State Planning and Community Affairs with respect to housing, contained in Ga. L. 1970, pp. 321, 328, section 10(e), are transferred from the Department of Human Resources to the Bureau of Community Affairs; 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 Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), as amended, is hereby amended by deleting from subsection (b) of section 205 the following words: those provided in section 10(e), transferred to the Department of Human Resources in section 1214 of this Act, and, so that when so amended, subsection (b) of section 205 shall read as follows: (b) All functions of the Bureau of State Planning and Community Affairs, set forth in Ga. L. 1970, pp. 321-332 (Act No. 1066), sections 4(f), 6, 8(b), 9, 10(a) and 10(c) are transferred to the Office of Planning and Budget. All functions set forth in sections 2, 3(b), 3(c), 4(a), 4(b), 4(c), 4(e) and 7 of Ga. L. 1970, pp. 321-332, are abolished. All other functions, set forth in Ga. L. 1970, pp. 321-332, except sections 3(a), 11, and 12, are transferred to the Department of Industry and Trade. The functions set forth in sections 3(a), 11 and 12 of said statute are transferred to the Board of Commissioners of the Department of Industry and Trade. Section 2 . Said Act is further amended by adding a new section following section 706 to be designated section 707, to read as follows: Section 707. Bureau of Community AffairsFunctions Transferred . Functions of the Bureau of State Planning and Community Affairs with respect to housing, contained in Ga. L. 1970, pp. 321, 328, section 10(e), as amended, previously

Page 1058

transferred to the Department of Human Resources by section 1214 of this Act are hereby transferred to the Bureau of Community Affairs. Unless inconsistent with this Act, any reference in Georgia laws to the functions transferred to the Bureau in this Section means the Bureau of Community Affairs. Section 3 . Said Act is further amended by striking section 1214 in its entirety and substituting in lieu thereof a new section 1214, to read as follows: Section 1214. Functions Transferred from Department . The functions of the Bureau of State Planning and Community Affairs with respect to housing, contained in Ga. L. 1970, pp. 321, 328, section 10(e) (Ga. Code Ann. Sec. 40-2916(c)), as amended, are transferred from the Department of Human Resources to the Bureau of Community Affairs. Unless inconsistent with this Act, any reference in Georgia laws to the functions transferred to the Bureau in this section means the Bureau of Community Affairs. Section 4 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

Page 1059

WILLSYEAR'S SUPPORT PROVISIONS CHANGED, ETC. Code Chapter 113-10 Amended. No. 1166 (House Bill No. 1545). An Act to amend Code Chapter 113-10, relating to distribution, advancements, and year's support, as amended, so as to provide the manner in which parties are identified on applications for year's support; to provide for certificates of orders for year's support awarding interests in real property and the contents, recording, filing, fees, and return thereof; to amend an Act relating to exceptions to a tax on transfer of real property, approved April 18, 1967 (Ga. L. 1967, p. 788), as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1102), an Act approved March 21, 1969 (Ga. L. 1969, p. 109), and an Act approved April 18, 1975 (Ga. L. 1975, p. 782), so as to exempt from taxes on the transfers of real property orders for year's support awarding interests in real property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 113-10, relating to distribution, advancements, and year's support, as amended, is hereby amended by inserting after Code section 113-1002, relating to year's support to family, a new Code section to be designated as Code section 113-1002.1, to read as follows: Section 113-1002.1. Identification of Parties on Applications for Year's Support . All applications for year's support, if made for a widow or a minor or unborn child, shall contain the following information: (a) If for a widow, her given names, maiden name and deceased husband's surname. (b) If for a minor, the full name, birthdate (if known), and age. This information shall be furnished for each minor child for whom application is made.

Page 1060

(c) If for an unborn child, the deceased father's surname, and `unborn child' in lieu of a given name. Section 2 . Said Code Chapter is further amended by inserting after Code section 113-1006, relating to setting apart title to property, a new Code section to be designated as Code section 113-1006.1, to read as follows: Section 113-1006.1. Order for year's support awarding interest in real property; identification; description; filing; recording; return . (a) Whenever a judge of any probate court grants an order for year's support which awards any interest in real property situated in this State, said judge or his clerk, within thirty days after granting such order, shall cause a certificate of said order to be filed with the clerk of the superior court in any county of this State wherein is situated said real property or any part thereof. Said certificate shall (1) identify, in the manner provided in Code section 113-1002.1, relating to identification of parties on applications for year's support, those persons receiving said interest; (2) identify the interest received; (3) contain a legal description sufficient under the laws of this State to pass title to said real property in which the interest was received, but the words `Also lands inCounty(ies)' which accurately identifies such other counties within which said real property is situated shall be sufficient to describe real property situated outside the county to which the order or copy thereof was sent; and (4) contain a certification by the judge that the information in the certificate is correct. (b) The certificate to be filed under subsection (a) of this section shall be accompanied by the same fee required for the filing of deeds with the clerk of the superior court. Said filing fee and any fee for the certificate shall be taxed as costs to the estate. (c) The clerk of any superior court receiving the certificate provided in subsection (a) of this section shall file and record said certificate upon the deed records of that county. Said certificate shall be indexed according to the name appearing thereon as follows:

Page 1061

(1) Grantorname of decedent. (2) Granteename of widow, if any; name of minor children, if any; name of unborn child, if any. (d) Upon the filing and recording as provided in subsection (c) of this section, the certificate shall be returned to the probate judge or his clerk from whom it was received, for inclusion in the probate court's permanent file. Said probate court shall not be required to enter the certificate on the minutes of the court after the return of a certificate recorded under subsection (c) of this Section. Section 3 . An Act relating to exceptions to a tax on transfer of real property, approved April 18, 1967 (Ga. L. 1967, p. 788), as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1102), an Act approved March 21, 1969 (Ga. L. 1969, p. 109), and an Act approved April 18, 1975 (Ga. L. 1975, p. 782), is hereby amended by striking from the last sentence of section 3 thereof the following: ; Provided,, and inserting in lieu thereof the following: ; provided,, and by adding at the end of section 3 thereof the following: ; provided, further, that the tax imposed by section 1 of this Act shall not apply to an order for year's support awarding an interest in real property as provided in Code section 113-1006.1., so that when so amended said section 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

Page 1062

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; provided, further, that the tax imposed by section 1 of this Act shall not apply to an order for year's support awarding an interest in real property as provided in Code section 113-1006.1. Tax. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. VITAL RECORDSCERTAIN CORRECTION PROCEDURES PROVIDED. Code 24-1716, 88-1721 Amended. No. 1167 (House Bill No. 1561). An Act to amend Code section 88-1721, relating to correction and amendment of vital records, as amended, so as to authorize the probate courts to make certain changes in birth certificates; to provide for petitions, hearings, notices and orders; to provide for practices and procedures in connection with the foregoing; and to amend Code section 24-1716, relating to fees to be paid to judges of the probate courts for certain of their services, as amended, so as to provide fees for services relating to certain changes in birth certificates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1063

Section 1 . Code section 88-1721, relating to the correction and amendment of vital records, as amended, is hereby amended by striking subsection (e) which reads 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., in its entirety and inserting in lieu thereof the following: (e) An order from the superior or probate 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. The person seeking such change, correction or removal shall institute the proceeding by filing a petition with the superior or probate court in the county of residence for an order changing the year of birth, correcting a delayed birth

Page 1064

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 or probate court shall set a date 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, or probate court, 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 judge or 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. Section 2 . Code section 24-1716, relating to fees to be paid to judges of the probate courts for certain of their services, as amended, is hereby amended by adding before the fee category labeled Miscellaneous, the following: PETITION FOR CHANGE OF BIRTH CERTIFICATE Whole service for same$20.00. Code 24-1716 amended. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. JUVENILE COURT CODE AMENDEDIMPRISONMENT OF CERTAIN JUVENILES IN JAIL PROHIBITED. Code Title 24A Amended. No. 1168 (House Bill No. 1563). An Act to amend Code Title 24A, the Juvenile Court Code, as amended, so as to change certain definitions; to provide

Page 1065

that only children accused of a capital crime may be held in a jail prior to a committal hearing or indictment; to provide that after committal hearing, indictment or a transfer to another court for prosecution a child shall be transferred to the appropriate officer for detention in accordance with the law governing the detention of persons charged with crime; to provide that a child shall not be transferred to another court for prosecution if charged with a noncapital felony unless he has previously been adjudged to have committed a felony or an act which would have been a felony if he had been tried in superior court; 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 24A, the Juvenile Court Code, as amended, is hereby amended by striking subsection (e) of Code section 24A-401, relating to definitions, in its entirety and substituting in lieu thereof a new subsection (e), to read as follows: (e) `Delinquent Act' means: (1) An act designated a crime by the laws of Georgia, or of another state if the act occurred in that state, or under federal laws, or by local ordinance, and the crime does not fall under paragraph (3) of subsection (g) and is not a juvenile traffic offense as defined in section 24A-3101; Code 24A-401 amended. (2) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudged to have committed a delinquent act. Section 2 . Said Code Title is further amended by striking paragraphs (6) and (7) of subsection (g) of Code section 24A-401, relating to definitions, in their entirety and substituting in lieu thereof new paragraphs (6), (7), (8) and (9), to read as follows: (6) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudicated unruly; Code 24A-401 amended.

Page 1066

(7) Patronizing any bar where alcoholic beverages are being sold, unaccompanied by the child's parents, guardian or custodian; or possessing alcoholic beverages; (8) In any of the foregoing, is in need of supervision treatment or rehabilitation; or (9) Has committed a delinquent act and is in need of supervision, but not of treatment or rehabilitation. Section 3 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CHILDREN AND YOUTH ACT AMENDED. Code 24A-1301 Amended. No. 1169 (House Bill No. 1564). An Act to amend an Act known as the Children and Youth Act, approved March 13, 1963 (Ga. L. 1963, p. 81), as amended, so as to provide that a child committed to the Department of Human Resources who has escaped from one of its institutions or who has broken the conditions of a conditional release may be taken into custody by a

Page 1067

sheriff, deputy sheriff, constable, police officer, probation officer or parole officer upon written request of an employee of the Department; to authorize the Commissioner of Human Resources to designate employees to investigate and apprehend such children; to provide that such designated employees shall have the powers of a police officer of this State and must meet certain requirements; to provide immunity from liability for the apprehension of such children; to provide that interference with the apprehension of such children shall be punished as for a misdemeanor; to amend Code section 24A-1301, relating to taking a child into custody, so as to authorize a juvenile court to order the apprehension of an escaped child or one who has broken the conditions of supervision; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Children and Youth Act, approved March 13, 1963 (Ga. L. 1963, p. 81), as amended, is hereby amended by striking subsection (h) of section 13, in its entirety, and substituting in lieu thereof a new subsection (h), to read as follows: (h) Escape and apprehension . (1) A child committed to the Department as a delinquent or unruly child and placed by it in any institution or facility, who has escaped therefrom, or who has been placed under supervision and broken the conditions thereof, may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or any other officer of this State authorized to serve criminal process, upon a written request made by an employee of the Department having knowledge of the escape or of the violation of conditions of supervision. Before a child may be taken into custody for violation of the conditions of supervision, the written request mentioned above must be reviewed by the Youth Services Division Program Director for that particular region. If the Program Director finds that probable cause exists to believe that the child has violated his conditions

Page 1068

of supervision, he may issue an order directing that the child be picked up and returned to custody. (2) The Commissioner of Human Resources may designate one or more employees of the Department to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or who have broken the conditions of supervision. An employee of the Department of Human Resources so designated shall have the police power to investigate and apprehend such children and to arrest any person physically interfering with the proper apprehension of such children. Such employee shall be authorized, upon written approval of the Commissioner, notwithstanding the provisions of Code section 26-2901, Code section 26-2903 and Code section 26-2904 to carry weapons. Any employee designated under the provisions of this subsection, shall be considered to be a peace officer within the meaning of the Georgia Peace Officer Standards and Training Act and must be certified under said Act. Provided, however, that employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youth who have escaped from such institutions or who have broken the conditions of supervision. Nothing in this subsection, however, shall be construed to make any such designated employee provided for by this section eligible for membership in the Peace Officer's Annuity and Benefit Fund. (3) For the purposes of investigation of delinquent and unruly children who have escaped from institutions or facilities of the Department or of delinquent or unruly children who are alleged to have broken the conditions of supervision, the Department is hereby empowered and authorized to request and receive from the Georgia Crime Information Center, established by an Act approved April 19, 1973 (Ga. L. 1973, p. 1301), any information in the files of the Georgia Crime Information Center which will aid in the apprehension of such children. (4) An employee designated pursuant to the provisions of subsection 2 hereof may take a child into custody without a warrant upon personal knowledge or written request of a person having knowledge of the escape or violation of conditions of supervision or a child may be taken into custody pursuant

Page 1069

to the provisions of Code section 24A-1301. When taking a child into custody pursuant to this subsection a designated employee of the Department shall have the power to use all force reasonably necessary to take the child into custody. (5) The child shall be kept in custody in a suitable place designated by the Department and there detained until such child may be returned to the custody of the Department. (6) Such taking into custody shall not be termed an arrest; provided, however, that any person taking a child into custody pursuant to the provisions of this section shall have the same immunity from civil and criminal liability as a peace officer making an arrest pursuant to a valid warrant. Section 2 . Said Act is hereby further amended by adding to section 16 of said Act a new subsection (c), to read as follows: (c) Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the Department who has been placed by the Department in one of its institutions or facilities and who has escaped therefrom or who has been placed upon supervision and is alleged to have broken the conditions thereof shall upon conviction, be punished as provided by law for a misdemeanor. Section 3 . Code section 24A-1301, relating to taking children into custody, is hereby amended by striking paragraph (1) of subsection (a) of said Code section in its entirety and substituting in lieu thereof a new paragraph (1), to read as follows: (1) Pursuant to an order of the court under this Code Title, including an order to an employee of the Department of Human Resources designated in accordance with section 13 (h) (2) of the Children and Youth Act, approved March 13, 1963 (Ga. L. 1963, p. 81), as amended, to apprehend a child who has escaped from an institution or facility operated by said Department or a child who has been placed under supervision and who has broken the conditions thereof. Code 24A-1301 amended.

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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 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 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. INTERSTATE COMPACT ON JUVENILES ACT AMENDED. No. 1170 (House Bill No. 1566). An Act to amend an Act providing that the State of Georgia shall be a party to the Interstate Compact on Juveniles, approved April 3, 1972 (Ga. L. 1972, p. 784), so as to provide that the Governor shall execute an amendment to said Compact providing for the interstate rendition of juveniles alleged to have committed a criminal or delinquent act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing that the State of Georgia shall be a party to the Interstate Compact on Juveniles, approved April 3, 1972 (Ga. L. 1972, p. 784), is hereby amended by adding, following section 2, a new section 2A, to read as follows:

Page 1071

Section 2A . The Governor is hereby authorized and directed to execute an amendment to the Interstate Compact on Juveniles on behalf of this State with any other state or states legally joining them in the form substantially as follows: `Article XVI. Interstate Rendition of Juveniles: (a) This amendment shall provide additional remedies and shall be binding only as among and between those party states specifically executing the same. (b) All provisions and procedures of Articles V and VI of the Interstate Compact on Juveniles shall be construed to apply to any juvenile charged with being delinquent by reason of a violation of any criminal law. Any juvenile, charged with being delinquent by reason of violating any criminal law, shall be returned to the requesting state upon a requisition to the state wherein the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in Article V of the Compact shall be forwarded by the judge of the court in which the petition is filed.' Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. REVENUEBOARD OF TAX ASSESSORSPENALTY PROVISIONS PROVIDED. Code 92-6913 Amended. No. 1172 (House Bill No. 1600). An Act to amend Code section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property

Page 1072

is subject to taxation and describing penalties for unreturned taxes, as amended, so as to provide that where the owner has failed to return property for taxes during the period in which the books were open, the penalty provided for unreturned property shall apply only to such property as the owner has acquired since his last tax return or improvements on existing property since his last tax return, and which was not returned prior to the expiration of the time for making tax returns; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended, is hereby amended by adding at the end thereof the following new paragraph: Where the owner of property fails to return property by himself or his agent as provided by law while the tax books are open, the penalty for unreturned property provided in this section shall apply only to such property as the owner has acquired since his last tax return or improvements on existing property since his last tax return, and which was not returned prior to the expiration of the time for making tax returns. Code 92-6913 amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

Page 1073

DRIVERS LICENSESCERTAIN MANDATORY SUSPENSION PROVIDED. Code 68B-305 Amended. No. 1173 (House Bill No. 1622). An Act to amend Code section 68B-305, relating to mandatory suspension of licenses, so as to provide that conviction for hit and run, or leaving the scene of an accident shall require the mandatory suspension of a motor vehicle operator's license; 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 68B-305, relating to mandatory suspension of licenses, is hereby amended by adding at the end thereof the following: 10. Hit and run or leaving the scene of an accident. Code 68B-305 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 31, 1976. DEALERS IN USED MOTOR VEHICLE PARTS REGISTRATION ACT AMENDED. No. 1174 (House Bill No. 1628). An Act to amend an Act known as The Dealers in Used Motor Vehicle Parts Registration Act, approved March 14, 1966 (Ga. L. 1966, p. 471), as amended by an Act approved March 9, 1972 (Ga. L. 1972, p. 177), and an Act

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approved March 21, 1974 (Ga. L. 1974, p. 392), so as to change certain definitions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as The Dealers in Used Motor Vehicle Parts Registration Act, approved March 14, 1966 (Ga. L. 1966, p. 471), as amended by an Act approved March 9, 1972 (Ga. L. 1972, p. 177), and an Act approved March 21, 1974 (Ga. L. 1974, p. 392), is hereby amended by adding after the word buying in section 2(j), the following: and selling wrecked motor vehicles or engaged in the business of buying, so that when so amended section 2(j) shall read as follows: (j) `Salvage yard operator' means any person, firm, partnership, association or corporation engaged in the business of buying and selling wrecked motor vehicles or engaged in the business of buying used or wrecked motor vehicles and salvaging them as a motor vehicle dismantler, rebuilder, or parts dealer. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. INSURANCE PREMIUM FINANCE COMPANY ACT AMENDED. No. 1177 (House Bill No. 1658). 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 provide for an additional

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qualification for the issuance or renewal of a license; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Insurance Premium Finance Company Act, approved April 23, 1969 (Ga. L. 1969, p. 561), as amended, is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. 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 Act. If the Commissioner does not so find, he shall, within 30 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 in the capacity involved by the license applied for; (b) Has a good business reputation and has had experience, training, or education so as to be qualified in the business for which the license is applied for; (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; and (d) Will contribute to and promote the convenience and advantage of the citizens of this State by providing a necessary additional market for the financing of insurance premiums. 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 31, 1976. INSURANCEREHABILITATION AND LIQUIDATION OF INSURERSCONSERVATION GROUNDS CHANGED. Code Chapter 56-14 Amended. No. 1178 (House Bill No. 1662). An Act to amend Code Chapter 56-14, relating to rehabilitation and liquidation of insurers, so as to change the provisions relating to grounds of conservation, so as to provide grounds for conservation of domestic insurers; to provide for applications to the court for orders appointing the Commissioner as receiver or ancillary receiver for certain insurers; to provide for the conservation of assets; to provide for orders to conserve the assets of a domestic insurer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 56-14, relating to rehabilitation and liquidation of insurers, is hereby amended by striking Code section 56-1417, which reads as follows: 56-1417. Grounds for conservation; foreign insurers .The Commissioner may apply to the court for an order appointing him as receiver or ancillary receiver, and directing him to conserve the assets within this State, of a foreign insurer upon any of the following grounds: (1) Upon any of the grounds specified in sections 56-1415 or 56-1416; or (2) Upon the ground that its property has been sequestrated in its domiciliary sovereignty or in any other sovereignty.,

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in its entirety and inserting in lieu thereof a new Code section 56-1417, to read as follows: 56-1417. Grounds for conservation; domestic or foreign insurers .The Commissioner may apply to the court for an order appointing him as receiver or ancillary receiver of a foreign insurer, and directing him to conserve the assets within this State, of such foreign insurer, or he may apply to the court for an order appointing him as receiver, and directing him to conserve the assets within and outside of this State, of a domestic insurer upon any of the following grounds: (1) Upon any of the grounds specified in sections 56-1415 or 56-1416; or (2) Upon the ground that its property has been sequestrated in its domiciliary sovereignty or in any other sovereignty. Section 2 . Said Code Chapter is further amended by inserting in the title of Code section 56-1421, following the word liquidation, the following: or conservation, and by adding at the end of said section a new subsection (3), to read as follows: (3) An order to conserve the assets of a domestic insurer shall require the Commissioner forthwith to take possession of the property of the insurer wherever situate and to conserve it subject to the further direction of the court., so that when so amended, Code section 56-1421 shall read as follows: 56-1421. Order of liquidation or conservation; domestic insurers .(1) An order to liquidate the business of a domestic insurer shall direct the Commissioner forthwith to take possession of the property of the insurer, to liquidate its business, to deal with the insurer's property and business

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in his own name as Commissioner or in the name of the insurer, as the court may direct, and to give notice to all creditors who may have claims against the insurer to present such claims. (2) The Commissioner may apply for and secure an order dissolving the corporate existence of a domestic insurer upon his application for an order of liquidation of such insurer or at any time after such order has been granted. (3) An order to conserve the assets of a domestic insurer shall require the Commissioner forthwith to take possession of the property of the insurer wherever situate and to conserve it subject to the further direction of the court. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT AMENDEDSUBROGATION PROVISIONS CHANGED. No. 1179 (House Bill No. 1670). An Act to amend an Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. L. 1974, p. 113), as amended, so as to change the provisions relating to subrogation; to provide that insurers and self-insurers shall be subrogated only in certain events and only to certain extents; 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 Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. L. 1974, p. 113), as amended, is hereby amended by striking subsection (d) of section 5 in its entirety, and inserting in lieu thereof a new subsection (d), to read as follows: (d) (1) Insurers and self-insurers providing benefits without regard to fault described in sections 3 and 4 shall be subrogated to the rights of the person for whom benefits are provided, to the extent of the benefits provided, only in the event that the person for whom benefits are provided has been completely compensated for all economic and noneconomic losses incurred as a result of the motor vehicle accident with the right of recovery and the amount thereof shall be determined by agreement on the basis of tort law between the insurers involved, or, if they fail to agree, by binding intercompany arbitration under procedures approved by the Insurance Commissioner. Expenses incurred in exercising the rights of subrogation hereunder shall be at the sole expense of the insurers and self-insurers involved. If the responsible tortfeasor is uninsured or is not a self-insurer, the insurer or self-insurer providing benefits shall have a right of action to the extent of benefits provided against such tortfeasor only in the event that the person for whom benefits are provided has been completely compensated for all economic and noneconomic losses incurred as a result of the motor vehicle accident. Subrogation. (2) Nothing contained in paragraph (1) above shall be deemed to increase or enlarge the bodily injury liability, personal injury protection, or medical payments limits of any policy of motor vehicle liability insurance in 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 March 31, 1976.

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INSURANCEDISPOSITION AND COLLECTION OF FEES, ETC. PROVIDED, ETC. Code Title 56 Amended. No. 1180 (House Bill No. 1671). An Act to amend Code Title 56, relating to insurance, as amended, so as to change the provisions relating to the collection and disposition of fees, taxes and funds; to provide for refunds and credits; to provide for time limits; to provide for requirements, restrictions, practices and procedures in connection therewith; to provide for a statute of limitations and the waiver of limitations; to provide for notices of deficiency assessments; to provide for executions; to provide for exceptions; to provide for extensions of time for filing a tax return or paying any amount required to be paid with any return; to provide for interest; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 56, relating to insurance, as amended, is hereby amended by striking Code section 56-228, which reads as follows: 56-228. Collection and disposition of fees and taxes.The Commissioner shall collect the charges, fees, dues and taxes which he is authorized by law to collect and shall give proper receipts therefor. At least quarterly, or oftener if he shall deem it expedient, the Commissioner shall pay into the State Treasury all amounts collected by him, less any refunds which are authorized to be made by him under Chapter 56-13., in its entirety, and inserting in lieu thereof three new Code sections, to be designated as Code sections 56-228, 56-228.1 and 56-228.2, to read as follows: Section 56-228Collection and disposition of funds under this Title; refunds and credits; time limits The Commissioner

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shall promptly pay all taxes, fees, dues, charges, and penalties and interest thereon which he is authorized to collect under this Title to the Fiscal Division of the Department of Administrative Services to the credit of the general fund. The Commissioner, however, is authorized to make refunds of or to allow credits for any amounts which have been illegally or erroneously paid or collected pursuant to any provision of this Title and such payments to the Fiscal Division of the Department of Administrative Services shall be less the amount of any such refunds or credits; provided that no refunds or credits shall be allowed under this section unless a written request for such refund or credit is filed with the Commissioner within seven years from the date of payment or collection of the amount for which a refund or credit is claimed. Section 56-228.1Statute of limitations; waiver of limitations (a) Except in the case of fraud or failure to file a return required by this Title, every notice of a deficiency assessment or the issuance of an execution thereon shall be given within seven (7) years from the date on which such return is filed. In the case of failure to file a return, the notice of a deficiency assessment or the issuance of an execution thereon shall be given within ten (10) years from the date on which such return is due. In the case of fraud there shall be no time limitation. (b) If before the expiration of the time prescribed in this section for giving of a notice of deficiency assessment or the issuance of an execution thereon, the taxpayer has consented in writing to the giving of the notice after such time, the notice may be given at any time prior to the expiration of the time agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. Section 56-228.2Extension of time; interest on extension The Commissioner, for good cause shown, may extend for not to exceed 30 days the time for filing a tax return or paying any amount required to be paid with any return. The extension may be granted at any time, provided that a request therefor is filed with the Commissioner within or prior

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to the period for which the extension may be granted. Any taxpayer to whom an extension is granted shall pay, in addition to the tax, interest at the rate of one (1%) percent per month or fraction thereof, until the date of payment. Section 2 . Said Code Title is further amended by striking Code section 56-1312 in its entirety and inserting in lieu thereof a new Code section 56-1312 to read as follows: Section 56-1312. Refunds, credits and annuities .Refunds and credits of license fees and taxes levied by this Chapter shall be made by the Commissioner in accordance with the provisions of sections 56-228, 56-228.1 and 56-228.2 of the Georgia Insurance Code. For purposes of this Chapter, annuity considerations received by nonprofit corporations licensed to do business in this State issuing annuities to fund retirement benefits for teachers and staff personnel of private secondary schools and colleges and universities shall not be considered gross direct premium. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. BOARD OF EXAMINERS OF WARM AIR HEATING CONTRACTORSQUALIFICATIONS OF MEMBERS CHANGED. No. 1183 (House Bill No. 1704). An Act to amend an Act providing for the regulation of the installation of warm air heating equipment, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 132), so as to change the provisions relative to the composition of

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the Board of Examiners of Warm Air Heating Contractors; to change the provisions relative to qualifications of members of such board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the regulation of the installation of warm air heating equipment, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 132), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. The Board of Examiners shall be appointed by the Governor of the State of Georgia from the counties covered by this Act, and shall consist of two licensed professional engineers, experienced in warm air heating, two licensed warm air heating contractors holding State skill and qualification cards, with more than five years of installation and service experience in this trade, and one member who is both an experienced, licensed professional engineer and a warm air heating contractor. Each member shall serve for a term of four years. The Chairman of the Board shall be appointed by the Governor of the State of Georgia. Board. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. DRUGSMARIJUANA TRIALSCERTAIN JURISDICTION FIXED. Code 79A-9917 Amended. No. 1185 (House Bill No. 1720). An Act to amend Code section 79A-9917, relating to conditional discharge for possession of certain drugs as a first

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offense, as amended, particularly by an Act approved March 18, 1974 (Ga. L. 1974, p. 221), so as to provide that certain offenses of possession of one ounce or less of marijuana may be tried in certain courts of municipalities; to provide for the disposition of fines; to provide for the jurisdiction, 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 79A-9917, relating to conditional discharge for possession of certain drugs as a first offense, as amended, particularly by an Act approved March 18, 1974 (Ga. L. 1974, p. 221), is hereby amended by adding at the end thereof the following: Notwithstanding any other provision of law to the contrary, any person who is charged with the possession of one ounce or less of marijuana may be tried in any recorder's, mayor's or police courts of any municipality if the offense occurred within the corporate limits of such municipality. Such courts are hereby granted the jurisdiction to try and dispose of such cases. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. Any defendant charged with possession of an ounce or less of marijuana in a recorder's, mayor's or police court shall be entitled on request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. Nothing herein shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter., so that when so amended Code section 79A-9917 shall read as follows:

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Section 79A-9917. Conditional discharge for possession as first offense . Whenever any person who has not previously been convicted of any offense under Chapters 79A-7, known as the Dangerous Drug Act, or 79A-8, known as the Georgia Controlled Substances Act, or of any Statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant or hallucinogenic drug, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require, terms, preferably, which require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint him with the ill effects of drug abuse and to provide him with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this section may occur only once with respect to any person. Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, and such person would have qualified for the conditional discharge provided for herein but for the fact that the judge chose not to avail himself of the authority granted by this section or that the person violated the conditions imposed by the court, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed twelve (12) months or a fine not to exceed $1,000, or both, or public works not to exceed (12) months. Subsequent offenses of possession of one ounce or less of marijuana shall be punished as a misdemeanor.

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Notwithstanding any other provision of law to the contrary, any person who is charged with the possession of one ounce or less of marijuana may be tried in any recorder's, mayor's or police courts of any municipality if the offense occurred within the corporate limits of such municipality. Such courts are hereby granted the jurisdiction to try and dispose of such cases. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. Any defendant charged with possession of an ounce or less of marijuana in a recorder's, mayor's or police court shall be entitled on request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. Nothing herein shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. MOUNTAIN JUDICIAL CIRCUITSUPPLEMENTAL SALARY OF JUDGE AUTHORIZED. No. 1186 (House Bill No. 1723). An Act to authorize the governing authorities of the counties comprising the Mountain Judicial Circuit to supplement the salary of the Judge of the Superior Courts of such Circuit from county funds; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Pursuant to the authority of Article VI, Section XII, Paragraph I of the Constitution, the governing authority of each county comprising the Mountain Judicial Circuit is hereby authorized to supplement the salary of the Judge of the Superior Courts of such Circuit from county funds. The amount of such supplement, if any, paid by each county comprising said Mountain Judicial Circuit shall be determined by the governing authority of each of the respective counties comprising said Mountain Judicial Circuit. 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 Local Legislation. Notice is hereby given that legislation will be introduced at the 1976 session of the Georgia General Assembly authorizing the counties of the mountain judicial circuit to supplement the compensation of the judge of superior court in lieu of establishing separate juvenile courts. Carlton Colwell State Representative District 4, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he is Representative from the 4th 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

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Union County, on the following dates: December 11, 18, 25, 1975. /s/ Carlton Colwell Representative 4th District Sworn to and subscribed before me, this 2nd day of February, 1976. /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 Legislation will be introduced at the 1976 Session of the Georgia General Assembly authorizing the counties of the Mountain Judicial Circuit to supplement the compensation of the Judge of Superior Court in lieu of establishing separate Juvenile Courts. /s/ Carlton Colwell State Representative District 4, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he is Representative from the 4th 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 25, 1975 and January, 1, 8, 1976. /s/ Carlton Colwell Representative 4th District

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Sworn to and subscribed before me, this 2nd day of February, 1976. /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 Legislation will be introduced at the 1976 session of the Georgia General Assembly authorizing the counties of the Mountain Judicial Circuit to supplement the compensation of the Judge of Superior Court in lieu of establishing separate Juvenile Courts. Carlton Colwell State Representative District 4, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he is Representative from the 4th 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 11, 18, 24, 1975. /s/ Carlton Colwell Representative 4th District Sworn to and subscribed before me, this 2nd day of February, 1976. /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 legislation will be introduced at the 1976 session of the Georgia General Assembly authorizing the counties of the Mountain Judicial Circuit to supplement the compensation of the judge of Superior Court in lieu of establishing separate juvenile courts. Carlton Colwell State Representative District 4, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County, on the following dates: December 11, 18, 25, 1975. /s/ Carlton Colwell Representative 4th District Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice. Notice is hereby given that legislation will be introduced at the 1976 session of the Georgia General Assembly authorizing the counties of the Mountain Judicial Circuit to

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supplement the compensation of the Judge of Superior Court in lieu establishing separate Juvenile Courts. Carlton Colwell State Representative District 4, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he is Representative from the 4th 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 12, 19, 26, 1975. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. COUNTIESMUNICIPALITIESBOND ISSUANCE PROVISIONS. Code 87-201 Amended. (250,000-500,000). No. 1187 (House Bill No. 1724). An Act to amend Code section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issuance of bonds, as amended, particularly

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by an Act approved April 8, 1968 (Ga. L. 1968, p. 1007), which provided additional requirements for counties of this State having a population of not less than 250,000 and not more than 500,000 according to the United States decennial census of 1960 or any future such census, so as to change the provisions relative to such additional requirements for such counties; 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 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issuance of bonds, as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1007), which provided additional requirements for counties of this State having a population of not less than 250,000 and not more than 500,000 according to the United States decennial census of 1960 or any future such census, is hereby amended by striking in its entirety the first paragraph added by said Act approved April 8, 1968 (Ga. L. 1968, p. 1007) and inserting in lieu thereof a new paragraph to read as follows: Provided, however, in all counties of this State having a population of not less than 250,000 and not more than 500,000 according to the U. S. decennial census of 1960 or any future such census, every legal advertisement of a bond election shall contain a reference that any brochures, listings or other advertisements issued by the governing body in such counties, or by any other person, firm, corporation or association with the knowledge and consent of the governing body in such counties shall be deemed to be a statement of intention of the governing body in such counties concerning the use of the bond funds, and such statement of intention shall be binding on the governing body in such counties in the expenditure of any such bond funds, unless the governing body in such counties uses such bond funds for the retirement of bonded indebtedness, in the manner hereinafter provided, and such statement of intention shall be set forth in the resolution pursuant to which such bonds are issued. Bond funds shall be expended in the manner in which advertised and for the purpose stated in such statement of

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intention. The governing body in such counties may, by a two-thirds vote, declare any project which has been established pursuant to any such statement of intention to be unnecessary. In that event, the governing body of such counties shall use such bond funds for the payment of all or any part of the principal and interest on any bonded indebtedness of such county then outstanding. Interest received from bond funds which have been invested and surpluses from the overestimated projects shall be used first to complete underestimated projects and all remaining funds received from interest and overestimated projects shall be used for other projects or improvements which the governing body in such counties may deem necessary and which are encompassed within the language of the statement of purpose in the election notice. Any meetings of any governing bodies at which any bond fund allocation is made shall be open to the public. Such meetings shall be announced to the news media in advance and shall be open to the news media. Code 87-201 amended. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. STATE REVENUE COMMISSIONERSPECIAL AGENTSENDOWMENT OF CERTAIN POWERS. No. 1189 (House Bill No. 1727). An Act to authorize persons appointed by the State Revenue Commissioner as special agents or enforcement officers of the Revenue Department to enforce the laws of this State relating to the licensing and registration of motor vehicles and to endow them with all the powers of a police officer of this State when engaged in the enforcement

Page 1094

of said laws; to repeal all laws and parts of laws in conflict with this Act; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Persons appointed by the State Revenue Commissioner as special agents or enforcement officers of the Revenue Department are hereby authorized to enforce the laws of this State relating to the licensing and registration of motor vehicles and are hereby endowed with all the powers of a police officer of this State when engaged in the enforcement of said laws. Powers. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed in their entirety. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Approved March 31, 1976. PROBATE COURT CLERKSAPPOINTMENT PROVIDED. (23,450-23,550). Code 24-1801 Amended. No. 1192 (House Bill No. 1742). An Act to amend Code section 24-1801, relating to clerks of the judges of the probate courts, as amended, so as to authorize the judge of the probate court in all counties whose population is not less than 23,450 nor more than 23,550, according to the United States Decennial Census of 1970 or any future such census, to appoint a clerk whose salary shall be paid from county funds, which salary shall not exceed the sum approved, from time to time, by the board of commissioners of any such county, upon the

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recommendation of the judge of the probate court; to repeal a specific law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 24-1801, relating to clerks of the judges of the probate courts, as amended, is hereby amended by adding at the end thereof the following: Provided, however, that in all counties having a population of not less than 23,450 nor more than 23,550, according to the United States Decennial Census of 1970 or any future such census, the judge of the probate court of any such county is hereby authorized to employ a clerk whose salary shall be paid from county funds, the amount of which salary shall be as is, from time to time, approved by the board of commissioners of such county, upon the recommendation of the judge of the probate court of such county. Code 24-1801 amended. Section 2 . An Act amending Code section 24-1801, relating to clerks of the judges of the probate courts, which amendatory Act authorized the judges of the probate courts in counties whose population was not less than 23,450 nor more than 23,550, according to the United States Decennial Census of 1970 or any future such census, to appoint a clerk to be paid from county funds, approved March 21, 1974 (Ga. L. 1974, p. 555), is hereby repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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JOINT ADVISORY BOARD OF FAMILY PRACTICE CREATED. No. 1195 (House Bill No. 1756). An Act to create a Joint Advisory Board of Family Practice to further the supply of competent family physicians; to provide for the membership, selection, powers, duties and authority of the 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: Section 1 . The General Assembly of Georgia hereby finds and declares that physicians engaged in family practice are in critically short supply in Georgia, and, further, that the distribution of such physicians who are available has created many areas of shortage, especially in the underserved rural areas of Georgia. The General Assembly regards the furtherance of a greater supply of competent family physicians to be a public purpose of great importance and further declares the establishment of the program pursuant to this Act to be a desirable, necessary, and economical method of increasing the number of family physicians to provide needed medical service to the people of Georgia. Created. Section 2 . There is hereby created the Joint Advisory Board of Family Practice. The members of the Executive Committee of the Board of Directors of the Georgia Academy of Family Physicians, but not more than five members thereof, and the Dean, or his duly appointed representative, of each medical school in the State of Georgia with an established Department of Family Practice shall be members of the Board. Section 3 . The Advisory Board shall locate and determine specific underserved areas of the State in which unmet priority needs for family physicians exist. Priority. Section 4 . The Advisory Board shall insure that standards for Family Practice Residency Training Programs:

Page 1097

(a) shall meet the American Medical Association's Essentials for residency training in family medicine, and (b) shall be approved by the Liaison Committee for Graduate Medical Education of the American Medical Association. Standards. Section 5 . Any additional State funds appropriated for any family practice residency training program outside of the regularly budgeted funds provided by the State to the institutions of higher learning shall be approved and allocations recommended by the Joint Advisory Board of Family Practice. State funds. Section 6 . The Advisory Board shall have the responsibility of monitoring the Family Practice Residency Training Program within the State and to recommend from time to time that the General Assembly appropriate funds for this purpose. 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 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

Page 1098

ECONOMIC DEVELOPMENT COUNCIL CREATED. No. 1208 (House Bill No. 1791). An Act to create the Economic Development Council; to provide for the membership, appointment, terms, powers, duties, authority and responsibilities of the Council; 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 . There is hereby created the Economic Development Council, to be composed of 15 members as follows: Created. (a) the Lieutenant Governor, who shall serve as chairman of the Council; (b) a representative of the Association County Commissioners of Georgia; (c) a representative of the Georgia Municipal Association; (d) a representative of the Bureau of Industry and Trade of the Department of Community Development; (e) a representative of the Bureau of Community Affairs of the Department of Community Development; (f) a representative of the Engineering Experiment Station of the Georgia Institute of Technology; (g) a representative of the Institute of Community and Area Development of the University of Georgia; (h) a representative of the Georgia Business and Industry Association; (i) a representative of the Georgia State Chamber of Commerce; (j) a representative of the Georgia Industrial Developer's Association;

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(k) a representative of the Georgia Regional Executive Director's Association; (l) a representative of the Georgia Planning Association; (m) a representative of the Georgia Productivity Center Advisory Committee; (n) a representative of the Office of Planning and Budget; (o) a representative of the Georgia Agribusiness Council, Inc.; (p) Georgia Chamber of Commerce Executive Association. All members of the Council shall be appointed by the Governor from the nominees submitted to the Governor from each participation organization. All members of the Council shall serve at the pleasure of the Governor. Members of the Council shall serve without compensation or reimbursement of their expenses from State funds unless such reimbursement is otherwise authorized for such individual members by the laws of this State. Section 2 . It shall be the duty of the Council created by this Act to encourage economic development within the State of Georgia. The Council shall develop a policy of the State which will embody carefully ascertained economic growth and development objectives. Such objectives shall include provision for employment opportunities for all citizens in growth industries within the State, production of investment incentives, development of necessary Statewide and local transportation, communication, education, housing, health services, and recreational needs; and methods, programs or means for the optimum utilization of human, natural and capital resources of the State. Duties. Section 3 . The Council is hereby authorized to make such studies and conduct such meetings as may be necessary

Page 1100

or convenient to perform its duties and carry out the purposes of this Act. Studies. Section 4 . The Council is hereby authorized to issue such reports and make such recommendations as the Council shall deem advisable in effectuating the purposes of this Act. Reports. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CRIMESCERTAIN SURVEILLANCE EQUIPMENT NOT UNLAWFUL, ETC. Code 26-3001 Amended. No. 1211 (House Bill No. 1795). An Act to amend Code section 26-3001, relating to unlawful eavesdropping and surveillance, so as to provide that certain activities shall not be unlawful; to authorize the use of surveillance cameras and equipment in prisons, penitentiaries, jails, correctional institutions and certain other facilities; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 26-3001, relating to unlawful eavesdropping and surveillance, is hereby amended by adding at the end of subsection (b) of said Code section the following: Provided, however, that it shall not be unlawful to use any camera, photographic equipment, videotape equipment or other devices to observe, photograph or record the activities of persons incarcerated in any prison, peniteniary, jail correctional institution or any other facility in which persons

Page 1101

who are charged with or who have been convicted of the commission of a crime are incarcerated;, so that when so amended Code section 26-3001 shall read as follows: 26-3001. Unlawful Eavesdropping and Surveillance . It shall be unlawful for: (a) any person in a clandestine manner to intentionally overhear, transmit, or record, or attempt to overhear, transmit or record the private conversation of another which shall originate in any private place; (b) any person, through the use of any instrument or apparatus, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; Provided, however, that it shall not be unlawful to use any camera, photographic equipment, videotape equipment or other devices to observe, photograph or record the activities of persons incarcerated in any prison, penitentiary, jail, correctional institution or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated; provided, however, said equipment shall not be used while the prisoner is discussing his case with his attorney; (c) any person to go on or about the premises of another or any private place for the purpose of invading the privacy of another by eavesdropping upon their conversations or secretly observing their activities; (d) any person to intentionally and secretly intercept by the use of any device, instrument or apparatus the contents of a message sent by telephone, telegraph, letter or by any other means of private communication; (e) any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for hereinafter in Code section 26-3005; or (f) any person to commit any other acts of a nature

Page 1102

similar to those set out in subsection (a) through (e) which invade the privacy of another. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CORPORATION CODE AMENDED. Code Title 22 Amended. No. 1212 (House Bill No. 1802). An Act to amend Code Title 22, relating to corporations, as amended, so as to change the procedures for filing articles of correction from the superior courts to the Secretary of State; to provide for certificates and certified copies of documents to be received in evidence; to provide for the certification of documents by the Secretary of State; to change the filing procedures for articles of incorporation so as to provide for the filing of articles of incorporation with the Secretary of State and for the publication of notice; to provide for the submission of certain additional items with the articles of incorporation; to change the method of local filing of the articles of incorporation; to change the publication of notice requirements of articles of incorporation; to change the form of notice for publication of articles of incorporation; to require certain actions by the Secretary of State upon delivery of the articles of incorporation; to provide that the Secretary of State shall either issue the certificate of incorporation or reject the articles for filing; to provide for the standards of review of the articles of incorporation by the Secretary of State; to require certain actions by the Secretary of State after the issuance of the certificate

Page 1103

of incorporation; to change the form of the certificate of incorporation issued by the Secretary of State; to provide the procedure for rejection of articles of incorporation for filing; to require certain actions by the clerk of the superior court and the designated newspaper; to provide that the failure of the Secretary of State, the clerk of the superior court or the newspaper to perform certain duties shall not invalidate the issuance of the certificate of incorporation; to provide that the existence of the corporation shall begin as of the time the articles of incorporation are delivered to the Secretary of State for filing if the Secretary of State issues the certificate of incorporation; to change the procedures for filing articles of amendment so as to provide for the filing or articles of amendment with the Secretary of State; to provide for the submission of certain additional items to the Secretary of State with the articles of amendment; to change the publication of notice requirements of articles of amendment; to change the form of notice for publication of articles of amendment; to require the Secretary of State to stamp the time of delivery of the articles of amendment and to either issue the certificate of amendment or reject the articles for filing; to proivde for standards of review by the Secretary of State and for certain actions to be taken by the Secretary of State upon delivery of articles of amendment; to provide the procedure for rejection of articles of amendment for filing; to require certain actions by the clerk of the superior court and the designated newspaper; to provide that the failure of the Secretary of State, the clerk of the superior court or the newspaper to perform certain duties shall not invalidate the issuance of the certificate of amendment; to provide that the amendment shall become effective as of the time of delivery of the articles of amendment to the Secretary of State if the Secretary of State issues the certificate of amendment; to provide for restated articles of incorporation; to change the procedures for filing restated articles of incorporation so as to provide for the filing of restated articles or incorporation with the Secretary of State; to provide for the submission of certain additional items to the Secretary of State with the restated articles of incorporation; to

Page 1104

require the Secretary of State to stamp the time of delivery on the restated articles of incorporation and to either issue the restated certificate of incorporation or reject the restated articles for filing; to provide for the standards of review by the Secretary of State and for certain actions to be taken by the Secretary of State upon delivery of restated articles of incorporation; to provide the procedure for rejection of the restated articles of incorporation for filing; to require certain actions by the clerk of the superior court and the designated newspaper; to provide that the failure of the Secretary of State, the clerk of the superior court or the designated newspaper to perform certain duties shall not invalidate the issuance of the restated certificate of incorporation; to provide that the restated articles of incorporation shall become effective upon deliver of the restated articles of incorporation of the Secretary of State if the Secretary of State issues a restated certificate of incorporation; to change the time within which a plan of merger or consolidation may be abandoned; to provide for articles of merger or consolidation; to add the provision that the articles of merger or articles of consolidation must contain a statement of the effective date of the merger or consolidation if the effective date is to be subsequent to the filing of the articles of merger or articles of consolidation; to change the time of expiration of a name certificate; to change the procedure for filing articles of merger or consolidation with the Secretary of State; to provide for the submission of certain additional items to the Secretary of State with the articles of merger or consolidation; to change the publication of notice requirements of articles of merger or consolidation; to change the form of notice for publication of articles of merger or consolidation; to require the Secretary of State to stamp the time of delivery on the articles of merger or consolidation and to either issue the certificate of merger or certificate of consolidation or reject the articles for filing; to provide the standards of review by the Secretary of State and for certain actions to be taken by the Secretary of State upon delivery of articles of merger or consolidation; to provide the procedure for rejection of articles of merger or articles

Page 1105

of consolidation; to require certain actions by the clerk of the superior court and the designated newspaper; to provide that the failure of the Secretary of State, the clerk of the superior court or the newspaper to perform certain duties shall not invalidate the issuance of the certificate of merger or consolidation; to clarify the provisions relating to the merger or consolidation of corporations subject to Part I of said Code Title with domestic corporations chartered by the Secretary of State; to provide that the effective time of a merger or consolidation is as of the time of delivery of the articles of merger or articles of consolidation to the Secretary of State if the Secretary of State issues a certificate of merger or consolidation unless a subsequent effective time is expressly stated in the articles of merger or consolidation; to change the procedure for merger or consolidation between foreign and domestic corporations; to provide that a merger or consolidation of domestic and foreign corporations may be abandoned at any time prior to the issuance of a certificate of merger or consolidation if so provided in the plan of merger or consolidation; to provide that voluntary dissolution proceedings may be revoked at any time prior to the issuance of the certificate of dissolution by the Secretary of State; to provide that upon the filing by the Secretary of State of a statement of intent to dissolve, the existence of the corporation shall continue until the time of delivery of the articles of dissolution to the Secretary of State; to provide for procedures after filing statement of intent to dissolve; to change the publication of notice requirements relative to the statement of intent to dissolve; to provide for the revocation of voluntary dissolution proceedings by the consent of shareholders at any time prior to the issuance of a certificate of dissolution by the Secretary of State; to provide for the revocation of voluntary dissolution proceedings by act of the corporation at any time prior to the issuance of a certificate of dissolution by the Secretary of State; to change the procedures for filing articles of dissolution so as to provide for the filing of articles of dissolution with the Secretary of State; to provide for the submission of certain additional items to the Secretary of State with the

Page 1106

articles of dissolution; to require the Secretary of State to stamp the time of delivery on the articles of dissolution and to either issue the certificate of dissolution or reject the articles of dissolution for filing; to provide standards of review by the Secretary of State and for certain actions to be taken by the Secretary of State upon delivery of the articles of dissolution; to provide the procedure for rejection of articles of dissolution for filing; to require the clerk of the superior court to file the conformed copy of the articles of dissolution upon receipt thereof; to provide that the failure of the Secretary of State or the failure of the clerk of the superior court to perform certain duties shall not invalidate the issuance of the certificate of dissolution; to provide that the dissolution shall be effective upon delivery of the articles of dissolution to the Secretary of State if the Secretary of State issues the certificate of dissolution; to provide that the existence of the corporation shall cease as of the time of delivery of the articles of dissolution to the Secretary of State except for certain stated purposes; to change the procedures for involuntary dissolution so as to provide for the involuntary dissolution of corporations by the Secretary of State; to enumerate the grounds for involuntary dissolution of corporations by the Secretary of State; to provide the procedures connected with the involuntary disolution of corporations by the Secretary of State; to provide that no corporation shall be involuntarily dissolved unless the Secretary of State has given the corporation at least 60 days' written notice of its delinquency or omission by certified mail; to provide for the availability of the name of the corporation by another corporation after the dissolution; to require the Secretary of State to publish notice of the involuntary dissolution; to provide for publication fees; to provide for an exception to the requirement for publication of notice; to provide the procedure for reinstatement of dissolved corporations; to provide for the publication of a notice of reinstatement; to provide that shareholders of involuntarily dissolved corporations shall not be liable for the debts, obligations and liabilities incurred subsequent to dissolution; to provide that directors and officers shall be liable for debts, obligations and liabilities

Page 1107

incurred subsequent to involuntary dissolution under certain conditions; to change the procedures for involuntary dissolution of corporations by the superior courts; to enumerate the grounds for involuntary dissolution of corporations by the superior courts; to change the fees for publishing notices; to change the procedures for merger or consolidation of corporations chartered by the Secretary of State; to change the procedures for merger or consolidation of corporations chartered by the Secretary of State with domestic corporations governed by the provisions of Part I of this Title; to change the procedures for merger or consolidation of corporations chartered by the Secretary of State with foreign corporations; to change the requirements relating to the recording of charters of consolidated or merged corporations chartered by the Secretary of State; to provide for legislative intent; 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 . Code Title 22, relating to corporations, as amended, is hereby amended by striking subsections (b) and (c) of Code section 22-105 in their entirety and by inserting in lieu thereof new subsections (b) and (c) of Code section 22-105, to read as follows: (b) Whenever any document authorized to be filed with the Secretary of State under the provisions of this Code has been so filed 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 filing articles of correction with the Secretary of State. 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. Except as set forth in subsection (c) of this section, the procedure for filing articles of correction shall be the same as would be required under the

Page 1108

provisions of this Code for filing the document being corrected. 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 from the filing date of the articles of correction. Code 22-105 amended. (c) No fee shall be payable to the Secretary of State for filing the articles of correction. The filing of the 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, 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 publishers' fee for said republication shall be the same as the fee for the original publication. Section 2 . Code Title 22, relating to corporations, as amended, is hereby amended by striking Code section 22-106 in its entirety and inserting in lieu thereof a new Code section 22-106, to read as follows: 22-106. Certificates and certified copies to be received in evidence; certification of documents by Secretary of State .(a) All certificates issued by the Secretary of State in accordance with the provisions of this Code, and all copies of documents filed in his office in accordance with the provisions of this Code when certified by him, shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the facts herein stated. A certificate by the Secretary of State under the seal of his office as to the existence or nonexistence of facts relating to corporations shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the existence or nonexistence of the facts herein stated.

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(b) The Secretary of State, at any time upon the request of any person, shall make and certify additional copies of any document filed with his office and of the certificate, if any, issued by the Secretary of State in connection with the filing of said document, under the provisions of this Code, upon payment to him of the fee provided for in section 22-1603. Section 3 . Said Code Title is further amended by striking Code section 22-803 in its entirety and inserting in lieu thereof a new Code section 22-803, to read as follows: 22-803. Filing of articles of incorporation; publication of notice (a) The incorporator or incorporators or his or their representative shall obtain from the Secretary of State a certificate which states that the name of the proposed corporation is available in accordance with section 22-301 regarding the corporate name for use by said incorporator or incorporators. Such certificate shall be issued upon application to reserve the use of the proposed corporate name as provided in section 22-302 and shall be valid for the period provided in section 22-302, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof the certificate shall become void unless the corporation shall have come into existence within such time. (b) The incorporator or incorporators or his or their representative shall deliver the original articles of incorporation and two conformed copies of said articles to the Secretary of State for filing as provided in section 22-105(a). (c) Together with the articles of incorporation, the incorporator or incorporators or his or their representative shall deliver to the Secretary of State: (1) A certificate issued by the Secretary of State reserving the name of the proposed corporation specified in subsection (a) of this section. (2) Payment to the Secretary of State of the fee provided for in section 22-1602.

Page 1110

(3) A check, draft or money order in the amount of $15, payable to the clerk of the superior court of the county where the initial registered office of the corporation is to be located, in payment of the cost of filing the articles of incorporation in said county. (4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the initial registered office of the corporation is to be located or which is a newspaper of general circulation published within said county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 per cent paid circulation. Said letter shall contain a notice to be published four times in said newspaper and shall be in substantially the following form: (Name and address of the newspaper designated by the incorporator or incorporators or his or their representative) Dear Sirs: You are requested to publish, four times, a notice in the following form: `(name of corporation) has been duly incorporated on, 19(month, day and year to be inserted by the Secretary of State) by the issuance of a certificate of incorporation by the Secretary of State, in accordance with the applicable provisions of the Georgia Business Corporation Code. The initial registered office of the corporation is located at(address of registered office) and its initial registered (agent) (agents) at such address (is) (are)(name or names of agent or agents).' Enclosed is a (check, draft or money order) in the amount of $60 in payment of the cost of publishing this notice. Very truly yours, (Name and address of incorporator or incorporators or his or their representative).

Page 1111

(5) A check, draft or money order in the amount of $60 payable to the designated newspaper. (d) Upon delivery of the articles of incorporation to the Secretary of State, the Secretary of State shall affix thereon the hours, day, month and year of delivery. Not later than the close of business on the first business day following the day of delivery, the Secretary of State shall either issue a certificate of incorporation in the manner provided in this section or shall reject said articles in the manner provided in this section. (e) If the Secretary of State finds that the articles of incorporation appear to be in proper from for filing and are accompanied by the other items required by subsection (c) of this section, he shall, in addition to the requirements of section 22-105(a): (1) Issue a certificate of incorporation in substantially the following form and attach it to one conformed copy of the articles of incorporation: State of Georgia Office of the Secretary of State Ex-Officio Corporation Commissioner This is to certify that(the name of the corporation) has been duly incorporated under the laws of the State of Georgia on theday of, 19 (insert date articles of incorporation are delivered for filing), by the filing of articles of incorporation in the office of the Secretary of State and the fees therefor paid, as provided by law, and that attached hereto is a true copy of said articles of incorporation. Witness my hand and official seal, thisday of, 19. Secretary of State Ex Officio Corporation Commissioner of the State of Georgia.

Page 1112

(2) Return said certificate of incorporation with the conformed copy of the articles of incorporation attached thereto to the incorporator or incorporators or his or their representative. A copy of the certificate of incorporation shall be attached to the original articles of incorporation. (3) Forward a conformed copy of the articles of incorporation with a copy of the certificate of incorporation attached thereto, along with the check, draft or money order provided for in paragraph (3) of subsection (c) of this section, to the clerk of the superior court in the county where the initial registered office of the corporation is located, within four business days after the articles of incorporation have been delivered to the Secretary of State for filing. (4) Mail the letter and the check, draft or money order, provided for in paragraphs (4) and (5) of subsection (c) of this section, with the date of incorporation inserted in the notice, to the designated newspaper within four business days after the articles of incorporation have been delivered to the Secretary of State for filing. (f) If the Secretary of State finds that the articles of incorporation do not appear to be in proper form for filing or are not accompanied by the other items required by subsection (c) of this section, he shall reject said articles for filing and shall immediately notify the incorporator or incorporators or his or their representative of such rejection by mailing a notice no later than the close of business on the first business day following the day of delivery of the articles of incorporation for filing. Said notice shall specify the reason or reasons for rejection of the articles of incorporation, and said articles and all accompanying materials shall be returned therewith. (g) The conformed copy of the articles of incorporation, with a copy of the certificate of incorporation attached thereto, provided for in paragraph (3) of subsection (e) of this section shall be filed upon receipt by the clerk of the superior court of said county. Failure on the part of the Secretary of State to mail the conformed copy of the articles

Page 1113

of incorporation or failure on the part of the clerk of the superior court to comply with this subsection shall not invalidate the issuance of the certificate of incorporation by the Secretary of State. (h) The notice provided for in paragraph (4) of subsection (c) of this section shall be published within 10 days after receipt of the notice by the newspaper. Failure on the part of the Secretary of State to mail the notice or failure on the part of the newspaper to comply with this subsection shall not invalidate the issuance of the certificate of incorporation by the Secretary of State. (i) If the Secretary of State issues a certificate of incorporation, the corporate existence of the corporation shall begin as of the time of delivery to the Secretary of State of the articles of incorporation so certified. Section 4 . Said Code Title is further amended by striking Code section 22-905 in its entirety and inserting in lieu thereof a new Code section 22-905, to read as follows: 22-905. Filing of articles of amendment; publication of notice .(a) If the purpose or one of the purposes of the articles of amendment is to change the corporate name, the corporation shall cause to be obtained from the Secretary of State a certificate which states that the proposed name is available in accordance with section 22-301 regarding the corporate name. Such certificate shall be issued upon application to reserve the use of the proposed name as provided in section 22-302 and shall be valid for the period provided in section 22-302, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof the certificate shall become void unless the amendment changing the corporate name shall have become effective within such time. (b) The corporation shall cause the original articles of amendment and two conformed copies of said articles to be delivered to the Secretary of State for filing as provided in section 22-105(a).

Page 1114

(c) Together with the articles of amendment, the corporation shall cause to be delivered to the Secretary of State: (1) If subsection (a) of this section is applicable, the certificate issued by the Secretary of State reserving the proposed corporate name. (2) Payment to the Secretary of State of the fee provided for in section 22-1602. (3) A check, draft or money order in the amount of $15 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of amendment to the Secretary of State, in payment of the cost of filing the articles of amendment in said county. (4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within said county whoe most recently published annual statement of ownership and circulation reflects a minimum of 60 per cent paid circulation. Said letter shall contain a notice to be published four times in said newspaper and shall be in substantially the following form: (Name and address of the newspaper designated by the corporation) Dear Sirs: You are requested to publish, four times, a notice in the following form: `The Articles of Incorporation of(name of corporation) have been duly amended on, 19, (month, day and year to be inserted by the Secretary of State) by the issuance of a certificate of amendment by the Secretary of State, in accordance

Page 1115

with the applicable provisions of the Georgia Business Corporation Code.' Enclosed is a (check, draft or money order) in the amount of $60 in payment of the cost of publishing this notice. Very truly yours, (Name and address of the corporation or its representative). (5) A check, draft or money order in the amount of $60 payable to the designated newspaper. (d) Upon delivery of the articles of amendment to the Secretary of State, the Secretary of State shall affix thereon the hour, day, month and year of delivery. Not later than the close of business on the first business day following the day of delivery, the Secretary of State shall either issue a certificate of amendment in the manner provided in this section or shall reject said articles in the manner provided in this section. (e) If the Secretary of State finds that the articles of amendment appear to be in proper form for filing, and are accompanied by the other items required by subsection (c) of this section, he shall, in addition to the requirements of section 22-105(a): (1) Issue a certificate of amendment which shall state that the articles of incorporation have been duly amended by the filing of articles of amendment in the office of the Secretary of State and the fees paid therefor, as provided by law, and attach the certificate to one conformed copy of the articles of amendment. (2) Return said certificate of amendment with the conformed copy of the articles of amendment attached thereto to the corporation or its representative. A copy of the certificate of amendment shall be attached to the original articles of amendment.

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(3) Forward a conformed copy of the articles of amendment with a copy of the certificate of amendment attached thereto, along with the check, draft or money order provided for in paragraph (3) of subsection (c) of this section, to the clerk of the superior court in the county where the registered office of the corporation is located, within four business days after the articles of amendment have been delivered to the Secretary of State for filing. (4) Mail the letter and the check, draft or money order provided for in paragraphs (4) and (5) of subsection (c) of this section, with the date inserted in the notice, to the designated newspaper within four business days after the articles of amendment have been delivered to the Secretary of State for filing. (f) If the Secretary of State finds that the articles of amendment do not appear to be in proper form for filing or are not accompanied by the other items required by subsection (c) of this section, he shall reject said articles for filing and shall immediately notify the corporation or its representative of such rejection by mailing a notice no later than the close of business on the first business day following the day of delivery of the articles of amendment for filing. Said notice shall specify the reason or reasons for rejection of the articles of amendment, and said articles and all accompanying materials shall be returned therewith. (g) The conformed copy of the articles of amendment, with a copy of the certificate of amendment attached thereto, provided for in paragraph (3) of subsection (e) of this section shall be filed upon receipt by the clerk of the superior court of said county. Failure on the part of the Secretary of State to mail the conformed copy of the articles of amendment or failure on the part of the clerk of the superior court to comply with this subsection shall not invalidate the issuance of the certificate of amendment by the Secretary of State. (h) The notice provided for in paragraph (4) of subsection (c) of this section shall be published within 10 days

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after receipt of the notice by the newspaper. Failure on the part of the Secretary of State to mail the notice or failure on the part of the newspaper to comply with this subsection shall not invalidate the issuance of the certificate of amendment by the Secretary of State. Section 5 . Said Code Title is further amended by striking subsection (a) of Code section 22-906 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) If the Secretary of State issues a certificate of amendment, the amendment shall become effective as of the time of delivery to the Secretary of State of the articles of amendment so certified, and the articles of incorporation shall be deemed to be amended accordingly. Code 22-906 amended. Section 6 . Said Code Title is further amended by striking Code section 22-907 in its entirety and inserting in lieu thereof a new Code section 22-907, to read as follows: 22-907. Restated articles of incorporation .(a) A corporation may at any time restate its articles of incorporation as theretofore amended. (b) If the restated articles restate the text of the original articles as theretofore amended, without making any further amendment or change, the restated articles may be adopted by the board of directors without a vote of the shareholders. In the alternative, the board may submit the proposed restated articles to the shareholders for approval in accordance with section 22-902 relating to amendments of the articles of incorporation. (c) Any amendment or amendments to the articles of incorporation may be adopted in the form of restated articles of incorporation. In such case the restated articles shall be submitted to the shareholders for approval in accordance with section 22-902 relating to amendments of the articles of incorporation. (d) Upon adoption or approval of the proposed restated

Page 1118

articles by the directors or the shareholders, as the case may be, restated articles of incorporation shall be executed by the corporation as provided in section 22-104, and shall set forth: (1) All provisions required by section 22-802 to be included in original articles of incorporation at the time of the restatement, except for the omissions expressly permitted by subsection (e) of this section. (2) If the restated articles of incorporation restate the text of the original articles of incorporation as theretofore amended, without making any further amendment or change, that the restatement purports merely to restate but not to change the provisions of the original articles of incorporation as theretofore amended, and that there is no discrepancy, other than that expressly permitted by subsection (e) of this section, between said provisions and the provisions of the restated articles. (3) If any amendment or amendments to the articles of incorporation are adopted in the form of restated articles of incorporation, that the restatement purports merely to restate all those provisions then in effect not being amended by such new amendment or amendments. (4) The date upon which the restatement was authorized by the directors or shareholders, as the case may be. (5) If the restatement was authorized by the directors without a vote of the shareholders, the director vote required to adopt the restatement and the number of directors who voted for the restatement. (6) If the restatement was authorized by the shareholders, the shareholder vote required to adopt the restatement, the number of shares outstanding and entitled to vote, the vote for the restatement, and, if the shares of any class are entitled to vote as a class, the designation and number of outstanding shares of each such class, and the vote of each such class for the restatement.

Page 1119

(7) That the restated articles supersede the original articles of incorporation as theretofore amended. (e) A restated articles of incorporation need not include statements as to the incorporator or incorporators, the initial board of directors, the minimum consideration to be received for the issuance of shares before the corporation commences business, the address of the initial registered office, or the name of the initial registered agent or agents. (f) The corporation shall cause the original restated articles of incorporation and two conformed copies of said restated articles to be delivered to the Secretary of State for filing as provided in section 22-105 (a). (g) Together with restated articles of incorporation, the corporation shall cause to be delivered to the Secretary of State: (1) If subsection (c) of this section is applicable and if the purpose of the amendment or of one of the amendments to the articles of incorporation is to change the corporate name, the certificate issued by the Secretary of State reserving the proposed corporate name. (2) Payment to the Secretary of State of the fee provided for in section 22-1602. (3) If subsection (c) of this section is applicable, a letter containing a notice for legal publication substantially in the form provided in paragraph (4) of subsection (c) of section 22-905 and a check, draft or money order in the amount of $60 payable to the designated newspaper. (4) A check, draft or money order in the amount of $15 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the restated articles of incorporation to the Secretary of State, in payment of the cost of filing the restated articles of incorporation in said county.

Page 1120

(h) Upon delivery of the restated articles of incorporation to the Secretary of State, the Secretary of State shall affix thereon the hour, day, month and year of delivery. Not later than the close of business on the first business day following the day of delivery, the Secretary of State shall either issue a restated certificate of incorporation in the manner provided in this section or shall reject said restated articles in the manner provided in this section. (i) If the Secretary of State finds that the restated articles of incorporation appear to be in proper form for filing and are accompanied by the other items required by subsection (g) of this section, he shall, in addition to the requirements of section 22-105 (a): (1) Issue a restated certificate of incorporation which shall state that the articles of incorporation, as theretofore amended, have been restated and (where subsection (c) of this section is applicable) have been amended by the filing of restated articles of incorporation in the office of the Secretary of State and the fees paid therefor, as provided by law, and attach the certificate to one conformed copy of the restated articles of incorporation. (2) Return said restated certificate of incorporation with the conformed copy of the restated articles of incorporation attached thereto to the corporation or its representative. A copy of the restated certificate of incorporation shall be attached to the original restated articles of incorporation. (3) Forward a conformed copy of the restated articles of incorporation with a copy of the restated certificate of incorporation attached thereto, along iwth the check, draft or money order provided for in paragraph (4) of subsection (g) of this section, to the clerk of the superior court in the county where the registered office of the corporation is located, within four business days after the restated articles of incorporation have been delivered to the Secretary of State for filing. (4) if subsection (c) of this section is applicable, mail

Page 1121

the letter and the check, draft or money order provided for in paragraph (3) of subsection (g) of this section, with the appropriate date inserted in the notice, to the designated newspaper within four business days after the restated articles of incorporation have been delivered to the Secretary of State for filing. (j) If the Secretary of State finds that the restated articles of incorporation do not appear to be in proper form for filing or are not accompanied by the other items required by subsection (g) of this section, he shall reject said articles for filing and shall immediately notify the corporation or its representative of such rejection by mailing a notice no later than the close of business on the first business day following the day of delivery of the restated articles of incorporation for filing. Said notice shall specify the reason or reasons for rejection of the restated articles and all accompanying materials shall be returned therewith. (k) The conformed copy of the restated articles of incorporation, with a copy of the restated certificate of incorporation attached thereto, provided for in paragraph (3) of subsection (i) of this section shall be filed upon receipt by the clerk of the superior court of said county. Failure on the part of the Secretary of State to mail the conformed copy of the restated articles of incorporation or failure on the part of the clerk of the superior court to comply with this subsection shall not invalidate the issuance of the restated certificate of incorporation by the Secretary of State. (l) The notice provided for in paragraph (3) of subsection (g) of this section shall be published within 10 days after receipt of the notice by the newspaper. Failure on the part of the Secretary of State to mail the notice or failure on the part of the newspaper to comply with this subsection shall not invalidate the issuance of the restated certificate of incorporation by the Secretary of State. (m) If the Secretary of State issues a restated certificate of incorporation, the restated articles of incorporation shall become effective as of the time of delivery to the Secretary

Page 1122

of State of said restated articles so certified, and said restated articles shall supersede the original articles of incorporation as theretofore amended. (n) When a restatement has been effected without a vote of the shareholders as permitted by subsection (b) of this section, that fact shall be disclosed in the next report that is furnished by the corporation to all its shareholders, or, if practicable, in the first notice of dividend or share distribution that is furnished to the holders of each class or series of its shares between the effective date of such restatement and the next such report, and in any event to all its shareholders within 12 months of the effective date of such restatement. Section 7 . Said Code Title is further amended by striking subsection (d) of Code section 22-1003 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows: (w) After the plan of merger or consolidation has been approved, and at any time prior to the issuance of the certificate of merger or certificate of consolidation by the Secretary of State as provided in subsection (f) of section 22-1004, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. Code 22-1003 amended. Section 8 . Said Code Title is further amended by striking Code section 22-1004 in its entirety and inserting in lieu thereof a new Code section 22-1004, to read as follows: 22-1004. Articles of merger or consolidation; publication of notice .(a) Articles of merger or articles of consolidation shall be executed by each corporation as provided in section 22-104, and shall set forth: (1) The plan of merger or the plan of consolidation, including the proposed name of the surviving or new corporation, which name may be that of any of the merging or consolidating

Page 1123

corporations or any other available name permitted under this Code. (2) As to each consolidating corporation and as to each merging corporation the shareholders of which voted on such plan, a statement of the shareholder vote required to adopt the plan of merger or consolidation, the number of shares outstanding and entitled to vote, the vote for the plan, and, if the shares of any class are entitled to vote as a class, the designation and number of outstanding shares of each such class, and the vote of each such class for the plan. (3) As to any merging corporation the shareholders of which did not vote on such plan, a statement as to why a vote of the shareholders was not required and a statement of the director vote required to adopt the plan of merger and of the number of directors who voted for the plan. (4) The effective time and date of the merger or consolidation if the effective time and date of said merger or consolidation is to be after the delivery of the articles of merger or articles of consolidation to the Secretary of State, as provided in section 22-1007 (a). (b) If the proposed name of the surviving or new corporation is not that of any of the merging or consolidating corporations, any one of those corporations shall obtain from the Secretary of State a certificate which states that such name is available in accordance with section 22-301 regarding the corporate name. Such certificate shall be issued upon application to reserve the use of the proposed corporate name as provided in section 22-302 and shall be valid for the period provided in section 22-302, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof the certificate shall become void unless a certificate of merger or certificate of consolidation shall have been issued by the Secretary of State within such time. (c) The merging or consolidating corporations shall cause the original articles of merger or the original articles

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of consolidation, and two conformed copies of said articles of merger or said articles of consolidation, to be delivered to the Secretary of State for filing as provided in section 22-105(a). (d) Together with the articles of merger or articles of consolidation, the merging or consolidating corporations shall cause to be delivered to the Secretary of State: (1) If subsection (b) of this section is applicable, the certificate issued by the Secretary of State reserving the proposed name for the surviving or new corporation. (2) Payment to the Secretary of State of the fee provided for in section 22-1602. (3) A check, draft or money order in the amount of $15 payable to the clerk of the superior court of the county where the registered office of the surviving or new corporation is to be located, in payment of the cost of filing the articles of merger or articles of consolidation in said county. (4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the registered office of the surviving or new corporation is to be located or which is a newspaper of general circulation published within said county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 per cent paid circulation. Said letter shall contain a notice to be published four times in said newspaper and shall be in substantially the following form: (Name and address of the newspaper designated by the merging or consolidated corporations) Dear Sirs: You are requested to publish, four times, a notice in the following form: `A (merger) (consolidation) (has been) (will be) effected

Page 1125

by and between(name and state of incorporation of each of the constituent corporations) on, 19(month, day and year to be inserted by the Secretary of State) by the issuance of a certificate of (merger) (consolidation) by the Secretary of State, in accordance with the applicable provisions of the Georgia Business Corporation Code. The name of the (surviving corporation in the merger (is) (will be)) (new corporation resulting from the consolidation (is) (will be)) set forth the name and state of incorporation of the surviving corporation or new corporation, as the case may be), the registered office of which (is) (will be) located at(address of registered office).' Enclosed is a (check, draft or money order) in the amount of $60 in payment of the cost of publishing this notice. Very truly yours, (Name and address of merging or consolidating corporations or their representative). (5) A check, draft or money order in the amount of $60 payable to the designated newspaper. (e) Upon delivery of the articles of merger or articles of consolidation to the Secretary of State, the Secretary of State shall affix thereon the hour, day, month and year of delivery. Not later than the close of business on the first business day following the day of delivery, the Secretary of State shall either issue a certificate of merger or certificate of consolidation in the manner provided in this section or shall reject said articles in the manner provided in this section. (f) If the Secretary of State finds that the articles of merger or articles of consolidation appear to be in proper form for filing and are accompanied by the other items

Page 1126

required by subsection (d) of this section, he shall, in addition to requirements of section 22-105(a): (1) Issue a certificate of merger or a certificate of consolidation which shall state that the merging or consolidating corporations have been (or will be) duly merged or consolidated, as the case may be, and the effective date thereof, by the filing of articles of merger or articles of consolidation in the office of the Secretary of State and the fees paid therefor, as provided by law, and attach the certificate of merger or certificate of consolidation to one conformed copy of the articles of merger or articles of consolidation. (2) Return said certificate of merger or certificate of consolidation with the conformed copy of the articles of merger or articles of consolidation attached thereto to the surviving or new corporation, as the case may be, or its representative. A copy of said certificate shall be attached to the original articles of merger or articles of consolidation. (3) Forward a conformed copy of the articles of merger or articles of consolidation with a copy of the certificate of merger or certificate of consolidation, as the case may be, attached thereto, along with the check, draft or money order provided for in paragraph (3) of subsection (d) of this section, to the clerk of the superior court in the county where the registered office of the surviving or new corporation is to be located, within four business days after the articles of merger or articles of consolidation have been delivered to the Secretary of State for filing. (4) Mail the letter and check, draft or money order provided for in paragraphs (4) and (5) of subsection (d) of this section, to the designated newspaper within four business days after the articles of merger or articles of consolidation have been delivered to the Secretary of State for filing. (g) If the Secretary of State finds that the articles of merger or articles of consolidation do not appear to be in

Page 1127

proper form for filing or are not accompanied by the other items required by subsection (d) of this section, he shall reject said articles for filing and shall immediately notify the merging or consolidating corporations or their representative of such rejection by mailing a notice no later than the close of business on the first business day following the day of delivery of the articles of merger or articles of consolidation for filing. Said notice shall specify the reason or reasons for rejection of the articles of merger or articles of consolidation, and said articles and all accompanying materials shall be returned therewith. (h) The conformed copy of the articles of merger or articles of consolidation, with a copy of the certificate of merger or certificate of consolidation attached thereto, provided for in paragraph (3) of subsection (f) of this section shall be filed upon receipt by the clerk of the superior court of said county. Failure on the part of the Secretary of State to mail the conformed copy of the articles of merger or articles of consolidation or failure on the part of the clerk of the superior court to comply with this subsection shall not invalidate the issuance of the certificate of merger or certificate of consolidation by the Secretary of State. (i) The notice provided for in paragraph (4) of subsection (d) of this section shall be published within 10 days after receipt of the notice by the newspaper. Failure on the part of the Secretary of State to mail the notice or failure on the part of the newspaper to comply with this subsection shall not invalidate the issuance of the certificate of merger or certificate of consolidation by the Secretary of State. Section 9 . Said Code Title is further amended by striking subsections (a) and (b) of Code section 22-1006 in their entirety and inserting in lieu thereof new subsections (a) and (b), to read as follows: (a) Banking, insurance, railroad, trust, canal, navigation, express and telegraph companies, and other corporations

Page 1128

whose charters have been granted by the Secretary of State under provisions other than the provisions of this Code, may merge or consolidate with corporations that are subject to this Code if not prohibited therefrom by the laws of this State under which the first mentioned corporations are organized. Code 22-1006 amended. (b) Each merging or consolidating corporation shall comply with all the provisions of this Code relating to merger or consolidation, as the case may be, except that if the laws which govern a merging or consolidating corporation chartered by the Secretary of State under provisions other than the provisions of this Code contain provisions relating to merger or consolidation which conflict with the provisions of this Code, such corporation shall follow the provisions of the laws to which it is subject. Section 10 . Said Code Title is further amended by striking subsection (a) of Code section 22-1007 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) If the Secretary of State issues a certificate of merger or certificate of consolidation, the merger or consolidation shall become effective as of the time of delivery to the Secretary of State of the articles of merger or articles of consolidation so certified, as provided in section 22-1004, or at such later time and date as said articles shall specify, not to exceed 60 days from the date of delivery of said articles to the Secretary of State. Code 22-1007 amended. Section 11 . Said Code Title is further amended by striking subsections (b) and (f) of Code section 22-1008 in their entirety and inserting in lieu thereof new subsections (b) and (f), to read as follows: (b) With respect to procedure, including the requirement of shareholder authorization and all filing and advertising requirements, and with respect to the rights of dissenting shareholders: Code 22-1008 amended.

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(1) Each foreign corporation shall comply with the applicable provisions of the laws of the jurisdiction under which it is organized. (2) Each domestic corporation shall comply with the provisions of this Code relating to the merger or consolidation, as the case may be, of domestic corporations. If the surviving or new corporation is to be a foreign corporation without a registered office in this State, the notice provided for in section 22-1004(d) (4) shall be published, and the conformed copy of the articles of merger or articles of consolidation provided for in section 22-1004(f) (3) shall be filed, in the county where the registered office of any of the domestic corporations is located. (f) At any time prior to the issuance of the certificate of merger or certificate of consolidation by the Secretary of State, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. Section 12 . Said Code Title is further amended by striking subsection (d) of Code section 22-1302 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows: (d) At any time prior to the issuance of the certificate of dissolution by the Secretary of State as provided in section 22-1313(d), voluntary dissolution proceedings under this section may be revoked by the director or by two-thirds of the directors, as the case may be, without any approval by the shareholders of the corporation. Code 22-1302 amended. Section 13 . Said Code Title is further amended by striking Code section 22-1306 in its entirety and inserting in lieu thereof a new Code section 22-1306, to read as follows: 22-1306. Effect of statement of intent to dissolve .Upon the filing by the Secretary of State of a statement of intent to dissolve, whether by written consent of all shareholders or by act of the corporation, the corporation shall cease to carry on its business, except insofar as may be

Page 1130

necessary or appropriate for the winding up thereof, but its corporate existence shall continue until the time provided in section 22-1313(g). Section 14 . Said Code Title is further amended by striking subsection (a) of Code section 22-1307 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) The corporation shall immediately cause notice thereof to be published in a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within said county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 per cent paid circulation. Said notice shall be published four times in said newspaper and shall be in substantially the following form: Code 22-1307 amended. A Statement of intent to Dissolve(name of corporation), a Georgia corporation with registered office at(address of registered office), has been delivered to the Secretary of State by said corporation and filed by him on, 19(month, day and year), in accordance with the applicable provisions of the Georgia Business Corporation Code. Section 15 . Said Code Title is further amended by striking the following language from Code section 22-1308: By the written consent of all its shareholders, a corporation may, at any time prior to the filing of an order dissolving the corporation with the clerk of the superior court as provided in section 22-1313(c), revoke voluntary dissolution proceedings theretofore taken, in the following manner:, and inserting in lieu thereof the following: By the written consent of all its shareholders, a corporation may, at any time prior to the issuance of a certificate

Page 1131

of dissolution by the Secretary of State as provided in section 22-1313(d), revoke voluntary dissolution proceedings theretofore taken, in the following manner:. Code 22-1308 amended. Section 16 . Said Code Title is further amended by striking the following language from Code section 22-1309: By the act of the corporation, a corporation may, at any time prior to the filing of an order dissolving the corporation with the clerk of the superior court as provided in section 22-1313(c), revoke voluntary dissolution proceedings theretofore taken, in the following manner:, and inserting in lieu thereof the following: By the act of the corporation, a corporation may, at any time prior to the issuance of a certificate of dissolution by the Secretary of State as provided in section 22-1313(d), revoke voluntary dissolution proceedings theretofore taken, in the following manner: Code 22-1309 amended. Section 17 . Said Code Title is further amended by striking Code section 22-1313 in its entirety and inserting in lieu thereof a new Code section 22-1313, to read as follows: 22-1313. Filing of articles of dissolution .(a) The corporation shall cause the original articles of dissolution and two conformed copies of said articles to be delivered to the Secretary of State for filing as provided in section 22-105(a). (b) Together with the articles of dissolution, the corporation shall cause to be delivered to the Secretary of State: (1) The corporation's certification attached to said articles that all tax returns, which were due the State on the day of delivery of the articles of dissolution to the Secretary of State, have been filed. (2) Payment to the Secretary of State of the fee provided for in section 22-1602. (3) A check, draft or money order in the amount of $15

Page 1132

payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of dissolution to the Secretary of State, in payment of the cost of filing the articles of dissolution in said county. (c) Upon delivery of the articles of dissolution to the Secretary of State, the Secretary of State shall affix thereon the hour, day, month and year of delivery. Not later than the close of business on the first business day following the day of delivery, the Secretary of State shall either issue a certificate of dissolution in the manner provided in this section or shall reject said articles in the manner provided in this section. (d) If the Secretary of State finds that the articles of dissolution appear to be in proper form for filing and are accompanied by the other items required by subsection (b) of this section, he shall, in addition to the requirements of section 22-105(a): (1) Issue a certificate of dissolution which shall state that the corporation has been dissolved by the filing of articles of dissolution in the office of the Secretary of State and the fees paid therefor, as provided by law, and attach the certificate to one conformed copy of the articles of dissolution. (2) Return said certificate of dissolution with the conformed copy of the articles of dissolution attached thereto to the corporation or its representative. A copy of the certificate of dissolution shall be attached to the original articles of dissolution. (3) Forward a conformed copy of the articles of dissolution with a copy of the certificate of dissolution attached thereto, along with the check, draft or money order provided for in paragraph (3) of subsection (b) of this section, to the clerk of the superior court in the county where the registered office of the corporation is located, within four business days after the articles of dissolution have been delivered to the Secretary of State for filing.

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(e) If the Secretary of State finds that the articles of dissolution do not appear to be in proper form for filing or are not accompanied by the other items required by subsection (b) of this section, he shall reject said articles for filing and shall immediately notify the corporation or its representative of such rejection by mailing a notice no later than the close of business on the first business day following the day of delivery of the articles of dissolution for filing. Said notice shall specify the reason or reasons for rejection of the articles of dissolution, and said articles and all accompanying materials shall be returned therewith. (f) The conformed copy of the articles of dissolution, with a copy of the certificate of dissolution attached thereto, provided for in paragraph (3) of subsection (d) of this section shall be filed upon receipt by the clerk of the superior court of said county. Failure on the part of the Secretary of State to mail the conformed copy of the articles of dissolution or failure on the part of the clerk of the superior court to comply with this subsection shall not invalidate the issuance of the certificate of dissolution by the Secretary of State. (g) If the Secretary of State issues a certificate of dissolution, and after the corporation or its representative has filed a copy of its statement of intent to dissolve with the State Revenue Commissioner (except where this Chapter does not require the filing of a statement of intent to dissolve with the Secretary of State), the existence of the corporation shall cease as of the time of delivery to the Secretary of State of the articles of dissolution so certified, except for the purpose of suits, other proceedings and appropriate corporate actions by shareholders, directors and officers as provided in section 22-1325. Section 18 . Said Code Title is further amended by striking Code section 22-1314 in its entirety and inserting in lieu thereof a new Code section 22-1314, to read as follows: 22-1314. Involuntary dissolution by Secretary of State; application for reinstatement .(a) A corporation may be dissolved involuntarily by the Secretary of State when:

Page 1134

(1) The corporation has failed to file an annual report with the Secretary of State, as required by section 22-1502, and a period of one year has expired, since the last day permitted for timely filing, without said corporation's filing and payment of all required fees and penalties; (2) The State Revenue Commissioner has certified to the Secretary of State that the corporation has failed to file a license or occupation tax return and that a period of one year has expired, since the last day permitted for timely filing, without said corporation's filing and payment of all required license and occupation taxes and penalties; (3) The corporation has failed for 30 days to appoint and maintain a registered agent in this State; or (4) The corporation has failed for 30 days after change of its registered office or registered agent to file in the office of the Secretary of State a statement of such change. (b) No corporation shall be involuntarily dissolved under this section unless the Secretary of State has given the corporation not less than 60 days' notice of its delinquency or omission by certified mail addressed to its registered office, or, if there is no registered office, to the last known address of the corporation or any officer, director or incorporator of the corporation, as shown by the records of the Secretary of State, and unless the corporation has failed to correct the delinquency or omission before involuntary dissolution. (c) When a corporation has given cause for involuntary dissolution and has failed to correct the delinquency or omission as provided in this section, the Secretary of State shall dissolve the corporation by issuing a certificate of involuntary dissolution containing a statement that the corporation has been dissolved and the date and reason for which it was dissolved. The original certificate of involuntary dissolution shall be placed in the records of the Secretary of State, and a copy of the certificate shall be mailed to the corporation at its registered office or, if there is no registered office, to the last known address of the corporation

Page 1135

or any officer, director or incorporator of the corporation, as shown by the records of the Secretary of State. Upon the issuance of the certificate of involuntary dissolution, the existence of the corporation shall cease, except as otherwise provided in this section and in section 22-1325, and its name shall be available to and may be adopted by another corporation after the dissolution. (d) Immediately after the issuance of the certificate of involuntary dissolution, the Secretary of State shall cause notice thereof to be published in the county where the most recent registered office of the corporation was located prior to the date the certificate was issued or, if the corporation did not have a registered office, in the county where the corporation's articles of incorporation were filed. Said notice shall be published four times in the newspaper which is the official organ of said county and shall be in substantially the following form: (name of corporation) has been involuntarily dissolved by the Secretary of State on, 19(month, day and year), by the issuance of a certificate of involuntary dissolution in accordance with the applicable provisions of the Georgia Business Corporation Code. The fee for publishing said notice one time shall be $15. The Secretary of State shall not be required to cause said notice to be published where a corporation is involuntarily dissolved for failure to file its annual report with the Secretary of State, as provided in paragraph (1) of subsection (a) of this section, if said corporation has failed to file its annual report for the three years immediately preceding the year during which the corporation is dissolved. (e) A corporation dissolved by the Secretary of State under the provisions of this section or by operation of any prior law shall be reinstated by the Secretary of State, by the issuance of a certificate of reinstatement, at any time within five years from the date of the certificate of involuntary dissolution upon approval of an application for reinstatement signed by a majority of the directors of the

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corporation at the time of its involuntary dissolution filed with the Secretary of State whenever it is established to the satisfaction of the Secretary of State that in fact there was no cause for dissolution, or whenever the omission or delinquency resulting in dissolution has been corrected and payment made of all fees, taxes and penalties which accrued before the dissolution. The application for reinstatement shall also be accompanied by an amount equal to the total annual report fees and license or occupation taxes which would have been payable during the period between dissolution and reinstatement, a reinstatement filing fee of $25 and the cost of publishing the notice provided for in subsection (d) of this section. Reinstatement shall not be authorized if the name of the dissolved corporation is not available in accordance with section 22-301 unless the application for reinstatement includes an adoption of a corporate name that is available in accordance with section 22-301. In the event an application for reinstatement adopts a new corporation name for the corporation as herein provided, the articles of incorporation of such corporation shall be deemed to have been amended to change the name of the corporation to the name so adopted. Upon the issuance of the certificate of reinstatement, the corporate existence shall be deemed to have continued from the date of the certificate of involuntary dissolution. (f) Immediately after the issuance of the certificate of reinstatement, the corporation shall cause notice thereof to be published in a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within said county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 per cent paid circulation. The said notice shall be published four times in said newspaper and shall be in substantially the following form: The existence of(name of corporation), which on, 19(month, day and year), was involuntarily dissolved by the Secretary of State, was reinstated on, 19(month, day and year), by the issuance of a certificate of

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reinstatement by the Secretary of State in accordance with the applicable provisions of the Georgia Business Corporation Code. (The articles of incorporation of the corporation were amended in its application for reinstatement to change its name to.) (g) After the Secretary of State has involuntarily dissolved a corporation under this section, the shareholders of said corporation shall not be rendered personally liable for the debts, obligations or liabilities of the corporation incurred subsequent to said involuntary dissolution by reason of such involuntary dissolution. A director, officer or agent of said corporation purporting to an act on behalf of said corporation shall be liable for the debts, obligations or liabilities of the corporation incurred subsequent to the involuntary dissolution arising from such action only if he has actual notice of the involuntary dissolution at the time such action is taken, but such liability shall be terminated upon the ratification of such action by the corporation's board of directors or shareholders subsequent to the reinstatement of the corporation under the provisions of this section. (h) Nothing in this section shall be construed to affect suits now pending by or against any corporation which has been dissolved under this section, nor any suit now pending or hereafter brought for any liability against the shareholders, directors or officers thereof, or to revive any charter or corporation previously dissolved, nor to make valid any defective organization of any corporation. (i) An action arising out of a contract assigned by a corporation dissolved under this section and which could have been brought in the courts of this State by such corporation, may be brought in the name of the assignee. The fact of assignment to the plaintiff shall be set forth in the complaint or other process, and the defendant may avail himself of any matter of defense of which he might have availed himself in a suit upon the claim by the corporation, had it not been dissolved under this section. (j) Service of process on a corporation dissolved under

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this section shall be made in the same manner prescribed by law as if the corporation had not been dissolved. Section 19 . Said Code Title is further amended by striking Code section 22-1315 in its entirety and inserting in lieu thereof a new Code section 22-1315, to read as follows: 22-1315. Involuntary dissolution by superior courts .(a) The Secretary of State shall certify to the Attorney General the names of all corporations which have given cause for dissolution, as provided in subsection (b) of this section, together with the facts pertinent thereto. Upon receipt of the certification from the Secretary of State, the Attorney General shall mail a notice that such certification has been made, together with a statement of the facts pertinent thereto, to the corporation addressed to its registered office or, if there is no registered office, to the last known address of the corporation or any officer, director or incorporator of the corporation, as shown by the records of the Secretary of State. (b) In addition to any other remedies provided by law, the corporation may be dissolved involuntarily in said action by a decree of the superior court when it is established that: (1) The corporation procured its articles of incorporation through fraud; or (2) The corporation has continued, after the written notice by the Attorney General to the corporation or one of its principal directors or officers, to violate this Code in a manner likely to injure the public or the corporation's shareholders, creditors or debtors, except that the Attorney General shall not file such action so long as the corporation is contesting in good faith, in any appropriate judicial or administrative proceeding, the alleged violation or violations of this Code upon which the certification to the Attorney General is based. Section 20 . Said Code Title is further amended by striking

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Code section 22-1604 in its entirety and inserting in lieu thereof a new Code section 22-1604, to read as follows: 22-1604. Fees for advertising .The fee to be allowed to publishers for publishing any notice required under this Code shall be $60 for each insertion. Section 21 . Said Code Title is further amended by striking subsections (b) and (c) of Code section 22-2105 in their entirety and by inserting in lieu thereof new subsections (b) and (c) of Code section 22-2105 to read as follows: (b) Whenever any document authorized to be filed with the Secretary of State under the provisions of this Code has been so filed 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 filing articles of correction with the Secretary of State. 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. Except as set forth in subsection (c) of this section, the procedure for filing articles of correction shall be the same as would be required under the provisions of this Code for filing the document being corrected. 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 from the filing date of the articles of correction. Code 22-2105 amended. (c) No fee shall be payable to the Secretary of State for filing the articles of correction. The filing of the 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, omission, or defect in the original document relates to information

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disclosed in said notice, a new notice shall be published in the same manner as the original publication. The publishers' fee for said republication shall be the same as the fee for the original publication. Section 22 . Said Code Title is further amended by striking Code section 22-2106 in its entirety and inserting in lieu thereof a new Code section 22-2106, to read as follows: 22-2106. Certificates and certified copies to be received in evidence; certification of documents by the Secretary of State .(a) All certificates issued by the Secretary of State in accordance with the provisions of this Code, and all copies of documents filed in his office in accordance with the provisions of this Code when certified by him, shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the facts therein stated. A certificate by the Secretary of State under the seal of his office as to the existence or nonexistence of facts relating to corporations shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated. (b) The Secretary of State, at any time upon the request of any person, shall make and certify additional copies of any document filed with his office and of the certificate, if any, issued by the Secretary of State in connection with the filing of said document, under the provisions of this Code, upon payment to him of the fee provided for in section 22-3403. Section 23 . Said Code Title is further amended by striking Code section 22-2703 in its entirety and inserting in lieu thereof a new Code section 22-2703, to read as follows: 22-2703. Filing of articles of incorporation; publication of notice .The provisions of Section 22-803 of Part I of this Title shall apply equally to the organization of corporations under this Code, except that the letter to the newspaper publisher shall be in substantially the following form:

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(Name and address of the newspaper designated by the incorporator or incorporators or his or their representative) Dears Sirs: You are requested to publish, four times, a notice in the following form: `(name of corporation) has been duly incorporated on, 19(month, day and year to be inserted by the Secretary of State), by the issuance of a certificate of incorporation by the Secretary of State, in accordance with the applicable provisions of the Georgia Nonprofit Corporation Code. The initial registered office of the corporation is located at(address of registered office) and its initial registered (agent) (agents) at such address (is) (are)(name or names of agent or agents).' Enclosed is a (check, draft or money order) in the amount of $60 in payment of the cost of publishing this notice. Very truly yours, (Name and address of incorporator or incorporators or his or their representative). Section 24 . Said Code Title is further amended by striking Code section 22-2804 in its entirety and inserting in lieu thereof a new Code section 22-2804, to read as follows: 22-2804. Filing of articles of amendment; publication of notice .(a) If the purpose or one of the purposes of the articles of amendment is to change the corporate name, the corporation shall obtain from the Secretary of State a certificate which states that the proposed name is available in accordance with section 22-2301 regarding the corporate name. Such certificate shall be issued upon application to reserve the use of the proposed name in accordance with section 22-2302 and shall be valid for the period provided therein,

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including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof, the certificate shall become void unless the amendment changing the corporate name shall have become effective within such time. (b) The corporation shall deliver the articles of amendment to the Secretary of State as provided in section 22-905 of Part I of this Title and shall comply with all the provisions of subsections (b) through (h) of the aforesaid section 22-905, except that the letter to the newspaper publisher shall be in substantially the following form: (Name and address of the newspaper designated by the corporation) Dear Sirs: You are requested to publish, four times, a notice in the following form: `The Articles of Incorporation of(name of corporation) have been duly amended on, 19(month, day and year to be inserted by the Secretary of State), by the issuance of a certificate of amendment by the Secretary of State, in accordance with the applicable provisions of the Georgia Nonprofit Corporation Code.' Enclosed is a (check, draft or money order) in the amount of $60 in payment of the cost of publishing this notice. Very truly yours, (Name and address of the corporation or its representative). Section 25 . Said Code Title is further amended by striking Code section 22-2806 in its entirety and inserting in lieu thereof a new Code section 22-2806, to read as follows: 22-2806. Restated articles of incorporation .(a) A

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corporation may at any time restate its articles of incorporation as therefore amended. (b) (1) If there are no members, or no members entitled to vote thereon, restated articles may be adopted by the board of directors as provided in section 22-2802 (a) (2) relating to the procedure for amending articles of incorporation. (2) In the case of a corporation with members entitled to vote with respect to amendments of the articles of incorporation, if the restated articles restate the text of the original articles as therefore amended, without making any further amendment or change, the restated articles may be adopted by the board of directors without a vote of the members. In the alternative, the board may submit the proposed restated articles to the members for approval in accordance with section 22-2802(a) (1). (c) Any amendment or amendments to the articles of incorporation may be adopted in the form of restated articles of incorporation. In such case, the restated articles shall be adopted in accordance with the applicable provisions of section 22-2802 relating to amendments of the articles of incorporation. (d) Upon adoption or approval of the proposed restated articles by the directors or the members, as the case may be, restated articles of incorporation shall be executed by the corporation as provided in section 22-2104, and shall set forth: (1) All provisions required by section 22-2702 to be included in original articles of incorporation at the time of restatement, except for the omissions expressly permitted by subsection (e) of this section. (2) If the restated articles of incorporation restate the text of the original articles of incorporation as theretofore amended without making any further amendment or change, that the restatement purports merely to restate but not to change the provisions of the original articles of incorporation

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as theretofore amended, and that there is no discrepancy, other than that expressly permitted by subsection (e) of this section, between said provisions and the provisions of the restated articles. (3) If any amendment or amendments to the articles of incorporation are adopted in the form of restated articles of incorporation, that the restatement purports merely to restate all those provisions then in effect not being amended by such new amendment or amendments. (4) The date upon which the restatement was authorized by the directors or members, as the case may be. (5) If the restatement was authorized by the directors without a vote of the members, the director vote required to adopt the restatement and the number of the directors who voted for the restatement. (6) If the restatement was authorized by the members, the member vote required to adopt the restatement, the number of members required to vote, the vote for the statement, and, if the members of any class are entitled to vote as a class, the number of members of each such class, and the vote of each such class for the restatement. (7) That the restated articles supersede the original articles of incorporation as theretofore amended. (e) Restated articles of incorporation need not include statements as to the incorporator or incorporators, the initial board of directors, the address of the initial registered office, or the name or names of the initial registered agent or agents. (f) The corporation shall deliver the restated articles of incorporation to the Secretary of State as provided for in section 22-907 of Part I of this Title and shall comply with the provisions of subsections (f) through (m) of the aforesaid section 22-907, except that, if subsection (c) of this section is applicable, the letter to the newspaper publisher

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shall be substantially in the form provided in subsection (b) of section 22-2804. (g) In the case of a corporation with members entitled to vote with respect to amendments of the articles of incorporation, when a restatement has been effected without a vote of the members, as permitted by subsection (b) (2) of this section, that fact shall be disclosed in the next report that is furnished by the corporation to all its members, and in any event shall be disclosed to all its members within 12 months of the effective date of such restatement. Section 26 . Said Code Title is further amended by striking subsection (b) of Code section 22-2903 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) After such approval, and at any time prior to the issuance of the certificate of merger or certificate of consolidation by the Secretary of State as provided in section 22-2904, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. Code 22-2903 amended. Section 27 . Said Code Title is further amended by striking Code section 22-2904 in its entirety and inserting in lieu thereof a new Code section 22-2904, to read as follows: 22-2904. Articles of merger or consolidation; publication of notice .(a) Articles of merger or articles of consolidation shall be executed by each corporation as provided in section 22-2104, and shall set forth: (1) The plan of merger or the plan of consolidation, including the proposed name of the surviving or new corporation, which name may be that of any of the merging or consolidating corporations or any other available name permitted under section 22-2301. (2) If the members of any merging or consolidating corporation are entitled to vote on such plan, then as to each such corporation (A) the date of the meeting of members at which the plan of merger or consolidation was adopted,

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the number of votes which members present at the meeting or represented by proxy were entitled to cast thereon, and the vote for the plan, or (B) a statement that such plan was adopted by a consent in writing signed by all members entitled to vote thereon. (3) If any merging or consolidating corporation has no members, or no members entitled to vote on such plan, then as to each such corporation a statement of such fact, the date of the adoption of the plan by the board of directors, the number of directors then in office, and the vote for the plan. (4) The effective time and date of the merger or consolidation if the effective time and date of said merger or consolidation is to be after the delivery of the articles of merger or articles of consolidation to the Secretary of State, as provided in section 22-2905. (b) If the proposed name of the surviving or new corporation, is not that of any of the merging or consolidating corporations, any one of those corporations shall obtain from the Secretary of State a certificate which states that such name is available in accordance with section 22-2301 regarding the corporate name. Such certificate shall be issued upon application to reserve the use of the proposed corporate name as provided in section 22-2302 and shall be valid for the period provided therein, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof the certificate shall become void unless a certificate of merger or certificate of consolidation shall have been issued by the Secretary of State within such time. (c) The merging or consolidating corporations shall deliver the articles of merger or the articles of consolidation to the Secretary of State as provided in section 22-1004 of Part I of this Title and shall comply with all the provisions of subsections (c) through (i) inclusive of the aforesaid section 22-1004, except that the letter to the newspaper publisher shall be in substantially the following form:

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(Name and address of the newspaper designated by the merging or consolidating corporations) Dear Sirs: You are requested to publish, four times, a notice in the following form: `A (merger) (consolidation) (has been) (will be) effected by and between(name and state of incorporation of each of the constituent corporations) on, 19(month, day and year to be inserted by the Secretary of State), by the issuance of a certificate of (merger) (consolidation) by the Secretary of State, in accordance with the applicable provisions of the Georgia Nonprofit Corporation Code. The name of the (surviving corporation in the merger (is) (will be)) (new corporation resulting from the consolidation (is) (will be)) (set forth the name and state of incorporation of the surviving corporation or new corporation, as the case may be), the registered office of which (is) (will be) located at(address of registered office).' Enclosed is a (check, draft or money order) in the amount of $60 in payment of the cost of publishing this notice. Very truly yours, (Name and address of merging or consolidating corporations or their representative). Section 28 . Said Code Title is further amended by striking subsections (b) and (e) of Code section 22-2906 in their entirety and inserting in lieu thereof new subsections (b) and (e), to read as follows: (b) With respect to procedure, including all filing and advertising requirements: Code 22-2906 amended.

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(1) Each foreign corporation shall comply with the applicable provisions of the laws of the jurisdiction under which it is organized. (2) Each domestic corporation shall comply with the provisions of this Code relating to the merger or consolidation, as the case may be, of domestic corporations. If the surviving or new corporation is to be a foreign corporation without a registered office in this State, the notice provided for in section 22-2904 shall be published, and the conformed copy of the articles of merger or articles of consolidation provided for in section 22-2904 shall be filed, in the county where the registered office of any of the domestic corporations is located. (e) At any time prior to the issuance of the certificate of merger or certificate of consolidation by the Secretary of State, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. Section 29 . Said Code Title is further amended by striking subsection (e) of Code section 22-3102 in its entirety and inserting in lieu thereof a new subsection (e), to read as follows: (e) Upon the filing by the Secretary of State of a statement of intent to dissolve, whether by the members or by the board of directors, the corporation shall cease to carry on its business, except insofar as may be necessary or appropriate for the winding up thereof, but its corporate existence shall continue until the time provided in section 22-3107(g). Code 22-3102 amended. Section 30 . Said Code Title is further amended by striking the following language from subsection (a) of Code section 22-3105: A corporation may, at any time prior to the filing of an order dissolving the corporation with the clerk of the superior court as provided in section 22-3107, revoke the

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action theretofore taken to dissolve the corporation, in the following manner: , and inserting in lieu thereof the following: A corporation may, at any time prior to the issuance of a certificate of dissolution by the Secretary of State as provided in section 22-3107, revoke the action theretofore taken to dissolve the corporation, in the following manner: . Code 22-3105 amended. Section 31 . Said Code Title is further amended by striking Code section 22-3107 in its entirety and inserting in lieu thereof a new Code section 22-3107, to read as follows: 22-3107. Filing of articles of dissolution .(a) The corporation shall cause the original articles of dissolution and two conformed copies of said articles to be delivered to the Secretary of State for filing as provided in section 22-2105(a). (b) Together with the articles of dissolution, the corporation shall cause to be delivered to the Secretary of State: (1) A check, draft or money order in the amount of $15 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of dissolution to the Secretary of State, in payment of the cost of filing the articles of dissolution in said county. (2) Payment to the Secretary of State of the fee provided for in section 22-3901. (c) Upon delivery of the articles of dissolution to the Secretary of State, the Secretary of State shall affix thereon the hour, day, month and year of delivery. Not later than the close of business on the first business day following the day of delivery, the Secretary of State shall either issue a certificate of dissolution in the manner provided in this section or shall reject said articles in the manner provided in this section. (d) If the Secretary of State finds that the articles of

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dissolution and the accompanying materials appear to be in proper form for filing, he shall, in addition to the requirements of section 22-2105(a): (1) Issue a certificate of dissolution which shall state that the corporation has been dissolved by the filing of articles of dissolution in the office of the Secretary of State and the fees paid therefor, as provided by law, and attach the certificate to one conformed copy of the articles of dissolution. (2) Return said certificate of dissolution with the conformed copy of the articles of dissolution attached thereto to the corporation or its representative. A copy of the certificate of dissolution shall be attached to the original articles of dissolution. (3) Forward a conformed copy of the articles of dissolution with a copy of the certificate of dissolution attached thereto, along with the check provided for in paragraph (1) of subsection (b) of this section, to the clerk of the superior court in the county where the registered office of the corporation is located, within four business days after the articles of dissolution have been delivered to the Secretary of State for filing. (e) If the Secretary of State finds that the articles of dissolution or the accompanying materials do not appear to be in proper form for filing, he shall reject said articles for filing and shall immediately notify the corporation or its representative of such rejection by mailing a notice no later than the close of business on the first business day following the day of delivery of the articles of dissolution for filing. Said notice shall specify the reason or reasons for rejection of the articles of dissolution, and said articles and all accompanying materials shall be returned therewth. (f) The conformed copy of the articles of dissolution, with a copy of the certificate of dissolution attached thereto, provided for in paragraph (3) of subsection (d) of this section shall be filed upon receipt by the clerk of the superior court of said county. Failure on the part of the Secretary

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of State to mail the conformed copy of the articles of dissolution or failure on the part of the clerk of the superior court to comply with this subsection shall not invalidate the issuance of the certificate of dissolution by the Secretary of State. (g) If upon delivery of articles of dissolution the Secretary of State issues a certificate of dissolution, and after the corporation or its representative has filed a copy of its statement of intent to dissolve with the State Revenue Commissioner (except where this Chapter does not require the filing of a statement of intent to dissolve with the Secretary of State), the existence of the corporation shall cease at the time of delivery of said articles of dissolution to the Secretary of State for filing, except for the purpose of suits, other proceedings and appropriate corporate actions by shareholders, directors and officers as provided in section 22-3119. Section 32 . Said Code Title is further amended by striking Code section 22-3404 in its entirety and inserting in lieu thereof a new Code section 22-3404, to read as follows: 22-3404. Fees for advertising .The fee to be allowed to publishers for publishing any notice required under this Code shall be $60 for each insertion. Section 33 . Said Code Title is further amended by striking Code section 22-4401 in its entirety and inserting in lieu thereof a new Code section 22-4401, to read as follows: 22-4401. Merger or consolidation of Secretary of State corporations .Any two or more corporations, incorporated by the Secretary of State under the laws of this State, except banks and trust companies, may merge or consolidate into a single corporation in the manner set forth in the provisions of Part I of this Title relating to merger and consolidation. Section 34 . Said Code Title is further amended by striking Code section 22-4402 in its entirety and inserting in lieu thereof a new Code section 22-4402, to read as follows:

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22-4402. Merger or consolidation with domestic corporations governed by the provisions of Part I of this Title .A corporation which has received its charter from the Secretary of State, other than a bank or trust company, may merge or consolidate with a corporation or corporations governed by the provisions of Part I of the Title in accordance with the provisions of section 22-1006 of Part I of this Title. Section 35 . Said Code Title is further amended by striking Code section 22-4403 in its entirety and inserting in lieu thereof a new Code section 22-4403, to read as follows: 22-4403. Merger or consolidation with foreign corporations .A corporation which has received its charter from the Secretary of State, other than a bank or trust company, may merge or consolidate with one or more foreign corporations in accordance with the provisions of section 22-1008 of Part I of this Title. Section 36 . Said Code Title is further amended by striking from Code section 22-4411 the words the order of the superior court or the judge thereof and, so that when so amended said section 22-4411 shall read as follows: 22-4411. Record of charter of consolidated or merged corporation .Upon the merger or consolidation of corporations, as herein provided, the consolidated corporation or the corporation into which the constituent corporations are merged may cause to be recorded in the records of any clerk of any superior court of this State a certified copy of the charter of the consolidated corporation or the corporation into which the constituent corporations are merged, with the certificate of the Secretary of State thereon, with the same force and effect as is provided by the statutes of this State for the record of deeds conveying title to land. Section 37 . Said Code Title is further amended by striking Code section 22-4801 in its entirety and inserting in lieu thereof a new Code section 22-4801, to read as follows: 22-4801. Intention as to Part III .This Part III is intended

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to be and is merely a recompilation of existing statutes affecting and regulating corporations chartered by the Secretary of State, and merely complements and supplements the express provisions of existing statutes governing banking, insurance, railroad, canal, navigation, express and telegraph corporations. All references in this Part III to corporations chartered by or incorporated by the Secretary of State shall refer only to the aforesaid corporations, except as otherwise provided, and shall not refer to corporations incorporated by the Secretary of State under the provisions of Part I of this Title. Section 38 . This Act shall become effective only if an amendment to Article III, Section VII, Paragraph XVII of the Constitution of the State of Georgia authorizing the General Assembly to prescribe by law the manner in which power to grant corporate powers and privileges to private companies shall be exercised by the Secretary of State is ratified at the general election conducted in November 1976 and becomes a part of the Constitution in the manner provided in the Constitution. If the aforesaid amendment is so ratified and becomes a part of the Constitution, then this Act shall become effective at 12:01 a.m. on January 1, 1977. Effective date. Section 39 . All notices which are required to be published four times under this act shall be published one time per week for four consecutive weeks. Section 40 . 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 41 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. REVENUEPROPERTY TAX LITIGATIONPAYMENT OF CERTAIN AD VALOREM TAX MADE CONDITION PRECEDENT TO SUIT. No. 1219 (House Bill No. 1813). An Act to provide that the payment of certain ad valorem property taxes shall be a condition precedent to superior court jurisdiction in property tax litigation; to provide 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 . Notwithstanding any other provision of law to the contrary, before the superior court shall have jurisdiction to entertain any civil action, appeal, or affidavit of illegality filed by any aggrieved taxpayer respecting liability for ad valorem property taxes, taxability of property for ad valorem property taxes, valuation of property for ad valorem taxes, or uniformity of assessments for ad valorem property taxes, such taxpayer shall pay the amount of ad valorem property taxes assessed against the property at issue for the last year for which taxes were finally determined to be due on such property. Section 2 . Ad valorem taxes due under the provisions of this Act shall be paid to the tax collector or tax commissioner of the county where such property is located. If the property is located within any municipality, the portion of the payment due herein to such municipality shall be paid to the officer designated by such municipality to collect ad valorem taxes. Tax payment. Section 3 . All taxes paid to the county tax collector under the provisions of this Act shall be distributed to the

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State, county, county schools, and any other applicable taxing districts in the same proportion as the millage rate for each bears to the total millage rate applicable to such property for the current year. If the total millage rate has not been determined for the current year, such distribution shall be made on the basis of the millage rates established for the immediately preceding year. Section 4 . Any payment made by the taxpayer in accordance with the provisions of this Act which is in excess of his finally determined tax liability shall be refunded to the taxpayer. If the finally determined tax liability of the taxpayer exceeds the amount paid under the provisions of this Act, the taxpayer shall be liable for such amount which shall be subject to the same penalty and interest as any other unpaid ad valorem tax. Refund. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. REVENUETAX RETURN TIME CHANGED IN CERTAIN COUNTIES (32,000-32,300). Code 92-6201 Amended. No. 1232 (House Bill No. 1840). 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 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 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 32,000 and not more than 32,300, 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 first day of January and shall close them on the first day of March of each year. Code 92-6201 amended. Section 2 . This Act shall become effective on January 1, 1977. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. GUARDIANS OF PROPERTYPROCEDURE FOR APPOINTMENT CHANGED. Code 49-604 Amended. No. 1234 (House Bill No. 1846). An Act to amend Code section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estates, as amended, so as to provide for the appointment of guardians for persons who are mentally ill to the extent that they are incapable of managing their estates and who are hospitalized in a treatment facility; to provide for the practices and procedures in connection with the appointment of such guardians; to provide for examinations; to provide for affidavits; 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 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estates, as amended, is hereby amended by adding at the end thereof a new subsection, to be designated as subsection (e), to read as follows: (a) In the event that a person is mentally ill to the extent that he is incapable of managing his estate, and said person is already hospitalized in a treatment facility under a previous commitment order, the superintendent of the treatment facility may make affidavit to the judge of the probate court of the county in which said mentally ill person was last committed or to the judge of the probate court in the county in which real estate in which said mentally ill person has an interest is located, stating in said affidavit that said mentally ill person has been examined by a physician within the period of five days preceding the execution of the affidavit and is still incapable of managing his estate. The name and address of said physician shall be made a part of the affidavit. Upon the furnishing of this affidavit by the superintendent of said treatment facility to the judge of the probate court of the county from which said mentally ill person was last committed, or to the probate judge in which real estate is located in which said mentally ill person has an interest, the judge of the probate court shall appoint a guardian for said mentally ill person, or his property, or both, and said guardian shall be governed by the laws of this State pertaining to guardians. Code 49-604 amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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GAMBLING, ETC.PRINTED MATERIALSCERTAIN EXEMPTION PROVIDED. Code 26-2713 Amended. No. 1235 (House Bill No. 1847). An Act to amend Code Chapter 26-27, relative to gambling and related offenses, as amended, so as to provide certain exceptions with respect to printed materials and related advertising materials for shipment out of the State of Georgia to governmental bodies lawfully using such materials; 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 26-27, relative to gambling and related offenses, as amended, is hereby amended by adding at the end thereof a new Code section to be designated Code section 26-2713 to read as follows: 26-2713. Exceptions . Any other provisions of Georgia law to the contrary notwithstanding, the provisions of this Chapter shall not be applicable to the manufacturing, processing, selling, possessing or transporting of any printed materials, or any advertising materials relative to such printed materials, if such materials are for shipment out of the State of Georgia to governmental bodies which can lawfully use such materials. The provisions of this Chapter shall in no way prohibit communications between persons in this State and persons in other states relative to such materials. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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GAME AND FISHCERTAIN LICENSE FEES CHANGED. No. 1255 (House Bill No. 1877). 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 provisions relative to certain license fees and the fees of license agents; 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 the laws relating to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by striking from paragraph (5) of subsection (b) of section 28 the period at the end of said paragraph and inserting in lieu thereof the following: , except a combination State resident hunting and fishing license, for which the agent may receive fifty cents for each license issued, and except for a nonresident big game license for which the agent may receive $1.00 for each license issued., so that when so amended paragraph (5) of subsection (b) of section 28 shall read as follows: (b) Not receive for themselves more than twenty-five cents for each license issued, except a combination State resident hunting and fishing license, for which the agent may receive fifty cents for each license issued, and except for a nonresident big game license, for which the agent may receive $1.00 for each license issued. Fee. Section 2 . Said Act is further amended by striking from paragraph (4) of subsection (c) of section 28 the period at the end of said paragraph and inserting in lieu thereof the following:

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, except a combination State resident hunting and fishing license, for which the agent may receive fifty cents for each license issued, and except for a nonresident big game license, for which the agent may receive $1.00 for each license issued., so that when so amended paragraph (4) of subsection (c) of section 28 shall read as follows: (4) Not receive for themselves more than twenty-five cents for each license issued, except a combination State resident hunting and fishing license, for which the agent may receive fifty cents for each license issued, and except for a nonresident big game license, for which the agent may receive $1.00 for each license issued. Fee. Section 3 . Said Act is further amended by striking from item (8) of paragraph (1) of subsection (a) of section 30 the following: 10.25 and inserting in lieu thereof the following: 25.00, so that when so amended item (8) of paragraph (1) of subsection (a) of section 30 shall read as follows: (8) Nonresident Big Game LicenseSeason$25.00. Section 4 . This Act shall become effective on April 1, 1977. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. STATE PARKS AND RECREATIONAL AREAS ACT AMENDED. No. 1256 (House Bill No. 1880). An Act to amend an Act relating to the State parks and recreational areas, approved March 5, 1937 (Ga. L. 1937, p. 264), as amended, particularly by an Act approved

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February 19, 1943 (Ga. L. 1943, p. 180), an Act approved March 17, 1956 (Ga. L. 1956, p. 793), and an Act approved April 6, 1972 (Ga. L. 1972, pp. 1015, 1052), so as to provide for rules and regulations relating to the use and occupancy of State parks and recreational areas and the protection of State property and the public health, safety and welfare; to provide that nothing in this Act shall be construed to repeal, diminish or supersede the authority of the Department of Human Resources to promulgate rules and regulations for the protection of the public health; to provide that a person violating certain rules and regulations may be directed to leave a State park or recreational area and shall have no legal authority to remain thereon; to provide that nothing in this Act shall give additional power to the Board of Natural Resources to adopt and promulgate rules and regulations relating to the game and fish laws; to provide that violation of certain regulations should be deemed to be a violation of the Act; to provide a penalty for violations of the 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 relating to the State parks and recreational areas, approved March 5, 1937 (Ga. L. 1937, p. 264), as amended, particularly by an Act approved February 19, 1943 (Ga. L. 1943, p. 180), an Act approved March 17, 1956 (Ga. L. 1956, p. 793), and an Act approved April 6, 1972 (Ga. L. 1972, pp. 1015, 1052), is hereby amended by adding a new section between sections 9 and 10, to be designated section 9A and to read as follows: 9A. The Board of Natural Resources is authorized to adopt and promulgate rules and regulations relating to: (1) The use or occupancy of State parks and recreational areas; and (2) the protection of the public health, safety and welfare of persons using State parks and recreational areas, and the protection of State property thereon; provided, however,

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that nothing in this section shall be construed to repeal, diminish or supersede the authority of the Department of Human Resources to promulgate rules and regulations for the protection of the public health. Provided, however, that nothing in this section shall be construed to give additional authority to the Board of Natural Resources to adopt and promulgate rules and regulations relating to the game and fish laws of this State. Section 2 . Said Act is further amended by adding a new section between sections 9A and 10, to be designated section 9B and to read as follows: 9B(1) Persons violating rules and regulations adopted pursuant to section 9A(1), above, and who refuse to cease such violation after notice may be directed to leave the park or recreational area on which the violation occurs. A person shall have no legal authority, right or privilege to remain upon said State park or recreational area after receiving such a direction. (2) Violation of rules and regulations adopted pursuant to section 9A(2) shall be deemed to be a violation of this Act. (3) Any person who shall violate this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided for by law. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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CERTAIN INVESTIGATIVE GRAND JURIES PROVIDED (180,000-190,000). Code Title 59 Amended. No. 1257 (House Bill No. 1882). An Act to amend Code Title 59, relating to juries, as amended, so as to provide for investigative grand juries in any county 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 all procedures, requirements and other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 59, relating to juries, as amended, is hereby amended by adding between Code Chapter 59-6B and Code Chapter 59-7 a new Code Chapter to be designated Code Chapter 59-6C and to read as follows: 59-6C Investigative Grand Juries for Certain Counties . 59-601C. 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 180,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census. Except as otherwise provided by this Code Chapter, the provisions of law relative to grand juries shall apply to the grand juries provided for by this Code Chapter. 59-602C. Investigative Grand Juries . (a) The senior judge of the superior court of any such county, on his own motion or on petition by a majority of the members of the governing body 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

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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. 59-603C. Supervision; termination of investigative grand juries . (a) When an investigative grand jury is empaneled pursuant to Code section 59-602C, the senior judge of the superior court of such county shall assign a judge of the superior court of such county to supervise and assist the investigative grand jury in carrying out its investigation and duties. The judge so assigned shall charge the investigative grand jury as to its powers and duties and shall require periodic reports of the investigative grand jury's progress, as well as a final report. (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

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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 shal 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 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. MACON JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEYS PROVIDED. No. 1260 (House No. 1885). An Act to create the offices and provide for the appointments of one First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys of the Macon Judicial Circuit; to provide for the qualifications of said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys; to provide for the powers and duties of said First Assistant District Attorney, Assistant District

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Attorneys, and Deputy Assistant District Attorneys; to provide for the minimum compensation for said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys; to provide for the term of office of said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys; to provide for the term of office of said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . From and after the passage of this Act, there shall be in existence offices, which are hereby created, and which shall be known as: Assistant district attorneys. (a) First Assistant District Attorney of the Macon Judicial Circuit; (b) Assistant District Attorneys of the Macon Judicial Circuit; and (c) Deputy Assistant District Attorneys of the Macon Judicial Circuit. Section 2 . The above created offices of the Macon Judicial Circuit shall be filled by appointment of the District Attorney of the Macon Judicial Circuit who shall be holding office at the time of appointment. Each officer of the Macon Judicial Circuit appointed by authority of this Act, when appointed, and before assuming office, shall take the same oath of office, in substance as is prescribed for district attorneys in this State. However, the said District Attorney shall not make appointments to the offices created by this Act unless the particular office to which an appointment is made has first been funded by the State or by the governoring authority of one or more of the Counties comprising the Macon Judicial Circuit. Appointment.

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Section 3 . To be eligible for appointment to an office created by this Act a person must be at least 21 years of age and shall be a member in good standing of the State Bar of Georgia at the time of appointment. In addition, to be eligible for the appointment to First Assistant District Attorney a person must have been a practicing attorney for at least three years. Eligibility. Section 4 . The powers and duties of the First Assistant District Attorney and Assistant District Attorneys when acting for the District Attorney of the Macon Judicial Circuit shall extend throughout said Circuit and be the same as those of the District Attorney. In addition, the said First Assistant shall have such Administrative and Supervisory duties as are assigned by the District Attorney. Powers. Section 5 . Each Deputy Assistant District Attorney shall have such authority, powers and duties as are given or assigned by the District Attorney. Section 6 . The compensation for the offices created by this Act shall be paid as authorized by Ga. L. 1970, p. 716, as amended, and out of the treasuries of Bibb, Peach and Crawford Counties as a part of the operating expenses of the Superior Courts of said Counties and said compensation may be set and increased by the governing authorities of said Counties as such authorities may determine and in such manner as said authorities may determine, but in no event shall said salaries be less than: Salaries. $24,250.00 for the First Assistant District Attorney of said Circuit $16,000.00 for the Assistant District Attorneys of said Circuit $12,000.00 for the Deputy Assistant District Attorney of said Circuit said compensation to be payable in at least monthly installments out of the treasuries of said Counties.

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Section 7 . Each officer holding office under the provisions of this Act may be removed from office at any time by the District Attorney of said Circuit with or without cause. Removal. Section 8 . Unless sooner removed each of said officers holding office under the provisions of this Act shall have a term of office concurrent with that of the district attorney appointing the officer. Terms. Section 9 . An Act creating the office of Assistant District Attorney of the Macon Judicial Circuit, approved April 15, 1969 (Ga. L. 1969, p. 419), is hereby repealed in its entirety. Section 10 . All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Bibb County. Notice of Intent to File Local Legislation. Notice is hereby given of Intention to apply to the January, 1976 session of the General Assembly of the State of Georgia for the enactment of local legislation, to repeal an Act entitled An Act to Create the Offices and the Appointment of Four Assistant District Attorneys of the Macon Judicial Circuit; to provide for the qualifications of said Assistant District Attorneys; to provide for their powers and duties; to provide for their compensations; to provide for their removal from office; to repeal a specific law; to provide for an effective date; to repeal conflicting laws; and for other purposes, approved April 15, 1969, (Ga. L. 1969, p. 419) and to provide in lieu thereof for the creation of the offices and the appointments of one First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys of the Macon Judicial Circuit; to provide for the qualifications of said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys; to provide for the powers and duties of said First Assistant District Attorney, Assistant District Attorneys and Deputy

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Assistant District Attorneys, to provide for the minimum compensation for said First Assistant District Attorney, Assistant District Attorneys and Deputy Assistant District Attorneys; to provide for the removal of said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys, to provide for the term of office said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys; to repeal all conflicting laws; and for other purposes. This 19th day of January, 1976. Fred M. Hasty District Attorney Macon Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy L. Evans who, on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: January 23, 30 and February 6, 1976. /s/ Billy L. Evans Representative 99th District Sworn to and subscribed before me, this 13th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Georgia, Bibb County. Notice of Intent to File Local Legislation. Notice is hereby given of intention to apply to the January,

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1976 session of the General Assembly of the State of Georgia for the enactment of local legislation, to repeal an Act entitled An Act to Create the Offices and the Appointment of Four Assistant District Attorneys of the Macon Judicial Circuit, to provide for the qualifications of said Assistant District Attorneys, to provide for their powers and duties; to provide for their compensation, to provide for their removal from office, to repeal a specific law; to provide for an effective date; to repeal conflicting laws, and for other purposes, approved April 15, 1969, (Ga. L. 1969, p. 419) and to provide in lieu thereof for the creation of the offices and the appointments of one First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys of the Macon Judicial Circuit, to provide for the qualifications of said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys, to provide for the powers and duties of said First Assistant District Attorney, Assistant District Attorneys and Deputy Assistant District Attorneys; to provide for the minimum compensation for said First Assistant District Attorney, Assistant District Attorneys and Deputy Assistant District Attorneys, to provide for the removal of said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys, to provide for the term of office of said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys; to repeal all conflicting laws; and for other purposes. This 19th day of January, 1976. Fred M. Hasty District Attorney Macon Judicial Circuit Georgia, Crawford County. Personally appeared before me this date, Joe D. McLeroy publisher of The Georgia Post, Roberta, Georgia, the official organ of Crawford County, Georgia, who certifies that the attached legal notice of intention to apply for local

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legislation was published in The Georgia Post on the following dates: Jan. 22, 29, and Feb. 5, in the year 1976. This 6 day of February, 1976. /s/ Joe D. McLeroy Publisher The Georgia Post Roberta, Georgia Sworn to and subscribed before me, this 6th day of February, 1976. /s/ J.E. Clark Notary Public, Georgia State at Large. My Commission Expires August 15, 1976. (Seal). Georgia, Bibb County. Notice of Intent to File Local Legislation. Notice is hereby given of intention to apply to the January, 1976 session of the General Assembly of the State of Georgia for the enactment of local legislation, to repeal an act entitled An Act to Create the Offices and the Appointment of Four Assistant District Attorneys of the Macon Judicial Circuit; to provide for the qualifications of said Assistant District Attorneys, to provide for their powers and duties; to provide for their compensations; to provide for their removal from office; to repeal a specific law; to provide for an effective date; to repeal conflicting laws; and for other purposes. approved April 15, 1969, (Ga. L. 1969, p. 419) and to provide in lieu thereof for the creation of the offices and the appointments of one First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys of the Macon Judicial Circuit; to provide for the qualifications of said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys; to provide for the powers and duties of said First Assistant District Attorney, Assistant District Attorneys and Deputy Assistant District Attorneys;

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to provide for the minimum compensation for said First Assistant District Attorney, Assistant District Attorneys and Deputy Assistant District Attorneys; to provide for the removal of said First Assistant District Attorney, Assistnat District Attorneys, and Deputy Assistant District Attorneys, to provide for the term of office of said First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys; to repeal all conflicting laws; and for other purposes. This 19th day of January, 1976. Fred M. Hasty District Attorney Macon Judicial Circuit Georgia, Peach County. Personally appeared before me this date, Feb. 5, 1976 C. Wilton Walton, publisher of the Leader-Tribune, Ft. Valley, Georgia, the official organ of Peach County, Georgia, who certifies that the attached legal notice of intention to apply for local legislation was published in the Leader-Tribune on the following dates: January 22, January 29, and February 5, in the year 1976. This 5th day of February, 1976. /s/ C. Wilton Walton Publisher Leader-Tribune Ft. Valley, Georgia 31030 Sworn to and subscribed before me, this 5th day of February, 1976. /s/ Linda H. Adams Notary Public, Georgia State at Large. My Commission Expires Jan. 7, 1978. (Seal). Approved March 31, 1976.

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TOOMBS JUDICIAL CIRCUITOFFICES OF ASSISTANT DISTRICT ATTORNEY CREATED. No. 1274 (House Bill No. 1917). Act Act to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the District Attorney of the Toombs Judicial Circuit, approved March 8, 1968 (Ga. L. 1968, p. 247), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 872), so as to create the office of Assistant District Attorney of the Toombs Judicial Circuit; to provide for the duties and compensation of such officer; to provide for the procedures connected therewith; to provide procedures whereby counties can remove themselves from the provisions and requirements relative to the assistant district attorney; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the District Attorney of the Toombs Judicial Circuit, approved March 8, 1968 (Ga. L. 1968, p. 247), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 872), is hereby amended by adding between sections 6 and 7 a new section to be designated section 6A to read as follows: Section 6A. (a) There is hereby created in the Toombs Judicial Circuit an office to be known as Assistant District Attorney of the Toombs Judicial Circuit. The District Attorney of the Toombs Judicial Circuit shall appoint said assistant and he shall serve at the pleasure of the district attorney. Created. (b) The assistant district attorney shall have such authority as possessed by the district attorney and shall be limited in the private practice of law the same as the district attorney. When acting on behalf of the district attorney, he shall have all the authority and power, as well as the

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duties of the district attorney. The assistant district attorney shall be duly licensed to practice law in the courts of this State. (c) The assistant district attorney shall receive as compensation for his services a salary in the amount of $14,000.00 per annum which shall be paid by the governing authorities of the counties comprising the Toombs Judicial Circuit from the funds of said counties, to wit: Glascock County $ 140.00 Lincoln County 1,960.00 McDuffie County 7,980.00 Taliaferro County 560.00 Warren County 1,680 Wilkes County 1,680.00 TOTAL $14,000.00 (d) Payments shall not be required of the counties as stipulated herein if federal or State funds are provided for compensating such officer; provided, however, that if funds totaling less than $14,000.00 are received, the counties shall pay the remaining portion of such salary. Each county shall pay an amount which equals the said remaining portion of such salary multiplied by the ratio which the payment of the county's present portion of the $14,000.00 salary bears to the total salary of $14,000.00. Section 2 . Any county may, by local Act, remove itself from the provisions and requirements of this Act. Section 3 . This Act shall become effective on July 1, 1976. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia a

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bill to fund Warren County's share of the annual salary of an Assistant District Attorney for the Toombs Judicial Circuit, and for other purposes. This 26th day of January, 1976. Ben B. Ross Representative Georgia, Warren County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in: The Warrenton Clipper legal organ for Warren County, the following dates, to-wit: January 30, 1976, February 6, 1976, February 13, 1976. Sworn to on the 12th day of February, 1976. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 12th day of February, 1976. /s/ Jean H. Yount Notary Public Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia a bill to fund Taliaferro County's share of the annual salary of an Assistant District Attorney for the Toombs Judicial Circuit, and for other purposes. This 26th day of January, 1976. Ben B. Ross Representative, 76th District

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Georgia, Taliaferro County. Before me a Notary Public in said state and county appeared Carey Williams, Sr., who on oath says that he is publisher of The Advocate Democrat, Crawfordville, Ga., a newspaper in which the legal advertisements of said county appear and that the attached notice appeared in said paper on January 30, February 6th and 13th. /s/ Carey Williams, Sr. Sworn to and subscribed before me, this 13th day of February, 1976. /s/ Carey Williams, Jr. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia a bill to fund Glascock county's share of the annual salary of an Assistant District Attorney for the Toombs Judicial Circuit, and for other purposes. This 26th day of January, 1976. Preston B. Lewis Georgia, Glascock County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the: Gibson Record Guide legal organ for Glascock County, the following dates, to-wit: January 30, 1976, February 6, 1976, February 13, 1976. Sworn to on the 12th day of February, 1976. /s/ Alva L. Haywood Publisher

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Sworn to and subscribed to before me, on the 12th day of February 1976. /s/ Jean H. Yount Notary Public Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to fund McDuffie County's share of the annual salary of an Assistant District Attorney for the Toombs Judicial Circuit; and for other purposes. This 26th day of January, 1976. Warren D. Evans Representative 84th District Ray D. Owens Representative 77th District Georgia, McDuffie County. Personally appeared before me, a Notary Public within and for above State and County, Claude McEver, who on oath, deposes and says that he is the publisher of the McDuffie Progress which is the official organ of McDuffie County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 29, 1976 and February 5 and 12, 1976. /s/ Claude McEver Publisher Sworn to and subscribed before me, this 13th day of February, 1976. /s/ Iona T. Price Notary Public, Georgia State at Large. My Commission Expires March 27, 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 1976 session of the General Assembly of Georgia, a bill to fund Wilkes County's share of the annual salary of an assistant District Attorney for the Toombs Judicial Circuit and for other purposes. This the 26th day of January, 1976. Sam P. McGill Senator Georgia, Wilkes County. Personally appeared before me, a Notary Public within and for above State and County, Smythe Newsome who, on oath, deposes and says that he is the publisher of the New-Reporter which is the official organ of Wilkes County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 29, 1976; February 5, 1976; and February 12, 1976. /s/ Smythe Newsome Publisher Sworn to and subscribed before me, this 17th day of February, 1976. /s/ Jackie D. Burgess Notary Public (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia a bill to fund Lincoln County's share of the annual salary of

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an Assistant District Attorney for the Toombs Judicial Circuit, and for other purposes. This 26th day of January, 1976. Ben B. Ross Representative 76th District Georgia, Lincoln County. Personally appeared before me, a Notary Public within and for above State and County, John P. Drinkard, Jr. who, on oath, deposes and says that he is the publisher of the Lincoln Journal which is the official organ of Lincoln County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 29, 1976, February 5, 1976, and February 12, 1976. /s/ John P. Drinkard, Jr. Publisher Sworn to and subscribed before me, this 12th day of February, 1976. /s/ Betty M. Goldman Notary Public, Georgia State at Large. My Commission Expires February 9, 1980. Approved March 31, 1976. CRIMESAVOIDANCE OF PAYMENT FOR TELECOMMUNICATION SERVICE PROVISIONS CLARIFIED, ETC. No. 1276 (House Bill No. 1927). An Act to amend an Act providing that it shall be unlawful for any person to avoid or attempt to avoid the payment for telecommunication services, approved April 25, 1975 (Ga. L. 1975, p. 1534), so as to clarify the language

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relating to the avoidance or the attempt to avoid payment for telecommunication services; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing that it shall be unlawful for any person to avoid or attempt to avoid the payment for telecommunication services, approved April 25, 1975 (Ga. L. 1975, p. 1534), is hereby amended by adding between the word and comma facilities, and the word means in the first sentence of section 1, the following: by the use of any fraudulent scheme,, so that section 1, when so amended, shall read as follows: Section 1. Avoiding or attempting to avoid payment for telecommunication services . It shall be unlawful 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, by the use of any fraudulent scheme, means or method, or any mechanical, electric or electronic device. Amateur Radio Repeater operation involving a dial interconnection is not covered by this Act. Section 2 . Said Act is further amended by striking subsection (d) of section 2 in its entirety and inserting in lieu thereof a new section, to be designated section 2A, to read as follows: Section 2A. Seizure and disposal of devices designated for theft of telecommunication services . 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

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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 . Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. Penalties . (a) Any person violating the provisions of section 1 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (b) Any person violating the provisions of section 2 of this Act shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. FACADE AND CONSERVATION EASEMENTS ACT OF 1976. No. 1280 (House Bill No. 1935). An Act to enact the Facade and Conservation Easements Act of 1976; to provide for definitions; to state the duration and means of acquisition of such easements; to provide

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for recordation; to require tax assessors to revalue encumbered property; to provide for appeals; 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 Facade and Conservation Easements Act of 1976. Section 2. Definitions . As used in this Act, unless the context otherwise requires, the following definitions apply: (a) Facade an interior or exterior surface of a building which is given emphasis by special architectural treatment. (b) Facade easement means any restriction or limitation on the use of real property expressly recited in any deed or other instrument of grant or conveyance executed by or on behalf of the owner of real property whose purpose is to preserve historically or architecturally significant structures or sites located within an officially designated historic district pursuant to the applicable provisions of any local political subdivision's authority to provide for such districts and to provide for special zoning restrictions therein. (c) Conservation easement means a restriction or limitation on the use of real property expressly recited in any deed or other instrument of grant or conveyance executed by or on behalf of the owner of the land described therein whose purpose is to preserve land or water areas predominantly in their natural, scenic, landscape or open condition or in agricultural, farming, forest or open space use or to return land or water areas to such conditions or uses when such land is located within a historic district provided for in (a) above. Section 3. Interest in land; how acquired; duration . Such facade and conservation easements are interests in land and may be acquired through express grant to any governmental body or charitable or educational corporation, trust or organization

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which has the power to acquire interests in land. Where such facade and conservation easements are not acquired for the benefit of any dominant tract of land, they shall be enforceable against the servient estate, both at law and in equity, as an easement in gross, and as such they may be assignable to any governmental body or charitable or educational corporation, trust or organization as aforesaid. It shall be presumed that such facade or conservation easements are created in perpetuity, unless the instrument of conveyance creating such facade or conservation easements shall state otherwise, in which case the easement may be extinguished or released, in whole or in part by the dominant owner in the same manner or by the same means as other easements are extinguished or released. Section 4. Assessment of real property to reflect encumbrance of easements . The instrument of conveyance of such facade or conservation easement shall conform to the formalities of a registerable deed to land and be recorded in the office of the clerk of the superior court of the county where the land lies. Such recording shall be notice to the Board of Tax Assessors of such county of the conveyance of the facade or conservation easement and shall entitle the owner to a revaluation of the encumbered real property so as to reflect the existence of such encumbrance on the next succeeding digest of such county. Any owner who so records and is aggrieved by a revaluation or lack thereof under this section may appeal to the Board of Equalization and may appeal from the decision of the Board of Equalization in accordance with the provisions of Code section 92-6912. Section 5. Legislative purpose . The General Assembly hereby finds, determines and declares that the historical, cultural and asthetic heritage of this State is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity and general welfare of the people. In accordance with this finding, it is hereby declared to be the purpose and intent of the General Assembly to encourage

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and promote the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures, and works of art having a special historical, cultural and aesthetic interest or value. Section 6. Effective Date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. GEORGIA STATE BOARD OF NURSING HOMES ACT AMENDED. No. 1282 (House Bill No. 1939). An Act to amend an Act creating the Georgia State Board of Nursing Homes, approved April 8, 1968 (Ga. L. 1968, p. 1143), as amended, so as to provide that it shall be unlawful for any person not licensed under this Act to hold himself out to be a licensed nursing home administrator or to use the initials N.H.A. after his name; to provide for penalties; so as to alter the composition of the board; to repeal conflicting laws; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Georgia State Board of Nursing Homes, approved April 8, 1968 (Ga. L. 1968, p. 1143), as amended, is hereby amended by adding between sections 10A and 11 a new section 10B to read as follows: Section 10B. It shall be unlawful for any person not licensed under this Act to hold himself out to be a licensed nursing home administrator or to use the initials N.H.A.

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after his name unless he shall be so licensed. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 2 . An Act creating the Georgia State Board of Nursing Home Administrators approved April 8th, 1968, (Ga. L. 1968, p. 1143), as amended, particularly by an Act approved April 29th, 1969, (Ga. L. 1969, p. 744), and an Act approved March 21st, 1970, (Ga. L. 1970, p. 573), is hereby further amended by striking in its entirety subsection (d) of section 2, relating to the composition of the Board, and by substituting in lieu thereof a new subsection (d) of section to read as follows: (d) Two members of the public-at-large who are not nursing home administrators or pecuniarily interested in any nursing home, to be appointed from a list of three persons for each position submitted by the Board of Human Resources; Section 3 . Said Act is further amended by striking in its entirety subsection (f) of section 2 and inserting in lieu thereof a new subsection (f) of section 2 to read as follows: (f) Six members, at least one of whom shall represent non-proprietary nursing homes, who are licensed nursing home administrators in this State, who may be appointed from a list of three members for each position submitted by the Board of Directors of the Georgia Nursing Home Association, Inc. Section 4 . All laws and parts of laws in conflict herewith are hereby repealed. Section 5 . Sections 2 and 3 shall become effective upon the expiration of the term of office of a member of the Georgia State Board of Nursing Home Administrators, appointed under sections 2(f) of Ga. L. 1968, p. 1143, as amended, which expires after approval of this Act by the Governor or after this Act becomes law without his approval. Effective date. Approved March 31, 1976.

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COUNTY MOBILE HOME PERMIT ACT AMENDED. No. 1294 (House Bill No. 1968). An Act to amend an Act providing that each county of this State, by appropriate resolution, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes, approved April 10, 1971 (Ga. L. 1971, p. 631), as amended by an Act approved March 27, 1972 (Ga. L. 1972, p. 403), and an Act approved April 13, 1973 (Ga. L. 1973, p. 575), so as to change the fine for violation of such resolutions; to authorize law enforcement officers to have certain mobile homes and vehicles impounded for a certain period of time; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing that each county of this State, by appropriate resolution, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes, approved April 10, 1971 (Ga. L. 1971, p. 631), as amended by an Act approved March 27, 1972 (Ga. L. 1972, p. 403), and an Act approved April 13, 1973 (Ga. L. 1973, p. 575), is hereby amended by adding at the end of the last sentence in section 4, the following: ; provided, however, that a person convicted under this section shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), so that when so amended, section 4 shall read as follows: Section 4. Any person failing to comply with or violating the provisions of any resolution duly adopted pursuant to the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor; provided, however, that a person convicted under this section shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Penalty.

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Section 2 . Said Act is further amended by adding following section 4 a new section to be designated section 4A, to read as follows: Section 4A. Any law enforcement officer who finds a mobile home being transported within the confines of this State in violation of this Act may have such mobile home and the vehicle transporting such mobile home impounded at the owner's risk and expense until a permit for such transportation is issued. Impoundment. Section 4B. Any person transporting a mobile home as defined in subsection (A) of section 84-4802 which does not have the appropriate decal affixed shall be in violation of this Act and upon conviction under this section shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. ATLANTIC JUDICIAL CIRCUITDISTRICT ATTORNEYS' OFFICEADDITIONAL SECRETARY PROVIDED. No. 1319 (House Bill No. 2013). An Act to provide for an additional secretary for the office of the District Attorney of the Atlantic Judicial Circuit; to provide for the employment, powers, duties, qualifications and compensation of such secretary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . In addition to any secretary employed by the District Attorney on the effective date of this Act, the District

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Attorney of the Atlantic Judicial Circuit is hereby authorized to employ one additional secretary and to prescribe her duties. Such secretary shall serve at the pleasure of the District Attorney and shall be compensated in an amount to be fixed by the District Attorney at not more than the amount authorized to be paid from State funds to secretaries employed by 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. The compensation of the secretary shall be paid in equal monthly installments from the funds of the counties comprising the Atlantic Judicial Circuit. The amount of such compensation to be paid by each county shall be in the same proportion that the population of each such county bears to the total population of all such counties comprising the Atlantic Judicial Circuit, according to the United States Decennial Census of 1970, or any future such census. The governing authority of each of said counties, in addition to the compensation otherwise provided in this 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. Additional secretary. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1976 Session of the General Assembly of Georgia,

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a bill to provide for an additional secretary for the office of District Attorney of the Atlantic Judicial Circuit; and for other purposes. This 4 day of February, 1976. Mell Traylor, State Senator, 3rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pembroke Journal which is the official organ of Bryan County, on the following dates: February 5, 12, 19, 1976. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 19th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to provide for an additional secretary for the office of District Attorney of the Atlantic Judicial Circuit; and for other purposes. This 2nd day of February, 1976. A. D. Clifton

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise which is the official organ of Evans County, on the following dates: February 5, 12, 19, 1976. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 19th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Legal Notice Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to provide for an additional secretary for the office of District Attorney of the Atlantic Judicial Circuit; and for other purposes. This 2nd day of February, 1976. Mell Traylor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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Liberty County Herald which is the official organ of Liberty County, on the following dates: February 5, 12, 19, 1976. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 19th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a Bill to provide for an additional secretary for the Office of District Attorney of the Atlantic Judicial Circuit; and for other purposes, this 2nd day of February, 1976. Dewey Rush Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 5, 12, 19, 1976. /s/ Dewey D. Rush Representative, 121st District

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Sworn to and subscribed before me, this 19th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to provide for an additional secretary for the office of District Attorney of the Atlantic Judicial Circuit; and for other purposes. This 2nd day of February, 1976. Mell A. Traylor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County, on the following dates: February 5, 12, 19, 1976. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 19th day of February, 1976. /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 1976 Session of the General Assembly of Georgia, a bill to provide for an additional secretary for the office of District Attorney of the Atlantic Judicial Circuit; and for other purposes. This 5th day of February, 1976. Dewey Rush Representative 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following dates: February 5, 12, 19, 1976. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 19th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

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GOVERNORDATE OF REPORT TO GENERAL ASSEMBLY CHANGED. No. 1338 (House Bill No. 2079). An Act to amend an Act requiring the Governor to make an annual report to the General Assembly on his administration's policies and goals on certain subjects, approved March 21, 1974, (Ga. L. 1974, p. 478); so as to change the date upon which such reports are to be furnished to the members of the General Assembly; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to require the Governor to make an annual report to the General Assembly on his administration's policies and goals on certain subjects, approved March 21, 1974, (Ga. L. 1974, p. 478), is hereby amended by striking the first twelve (12) words of subsection (a) of section 1, which reads as follows: Beginning on July 1, 1975, and on such date each year thereafter, and inserting in lieu thereof the wording which follows: On or before the fifth day of each regular Session of the General Assembly, so that, when amended, subsection (a) of section 1 shall read as follows: Section 1. (a) On or before the fifth day of each regular Session of the General Assembly, it shall be the duty of the Governor to furnish a written report to each member of the General Assembly stating his administration's policies and goals on the following subjects: Report. (1) Intellectual Development (2) Human Development

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(3) Transportation and Communications (4) Economic Development (5) Protection of Persons and Property (6) Natural Environment (7) General Government Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. INSURANCEUNINSURED MOTORISTSBANKRUPTCY PROVISIONS. Code 56-407A Amended. No. 1344 (House Bill No. 2100). An Act to amend Code section 56-407A, relating to uninsured motor vehicle coverage, as amended, so that application for discharge in bankruptcy, appointment of a trustee in bankruptcy or discharge in bankruptcy shall not affect the legal liability of an uninsured motorist; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Whereas, it has always been the intention of the General Assembly that an uninsured motorist's insurance carrier should pay the damages sustained by its insured and shall not escape liability by pleading any phase of bankruptcy proceedings by the uninsured motorist.

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Now, therefore, be it enacted by the General Assembly of Georgia: Section 1 . Code section 56-407A, relating to uninsured motor vehicle coverage, as amended, is hereby amended by adding a new paragraph at the end of subsection (a) to read as follows: The application for discharge in bankruptcy by an uninsured motorist as defined in this law or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this law or the discharge in bankruptcy of an uninsured motorist as defined in this law shall not affect the legal liability of an uninsured motorist as such term `legal liability' is used in this law, and such application for voluntary or involuntary bankruptcy, the appointment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this law so as to defeat payment for damages sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this Act as now or hereafter amended; but, such insurance company or companies shall have the right to defend any such action in its own name or in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the applicable uninsured motorist insurance protection afforded by its policy. In such cases the uninsured motorist, upon being discharged in bankruptcy, may plead such discharge in bankruptcy against any subrogation claim of any such uninsured motorist carrier making payment of a claim or judgment in favor of an uninsured person, and such uninsured motorist may plead his discharge in bankruptcy in bar of all amounts of an insured person's claim in excess of uninsured motorist protection available to such insured person. Code 56-407A 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 31, 1976. INTERESTCERTAIN RATES CHANGED. Code 57-116 Amended. No. 1345 (Senate Bill No. 126). An Act to amend Code section 57-116, relating to the legal rate of interest on loans repayable in monthly, quarterly or yearly installments, as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 463), so as to change the legal rate of interest on such loans; 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 57-116, relating to the legal rate of interest on loans repayable in monthly, quarterly or yearly installments, as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 463), is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 57-116, to read as follows: 57-116. Interest on loans repayable in monthly, quarterly, or yearly installments .Any person, natural or artificial, in this State, lending money to be paid back in monthly, quarterly, or yearly installments, may charge interest thereon at seven percent per annum or less for the entire period of the loan, aggregating the principal and interest for the entire period of the loan, and dividing the same into monthly, quarterly or yearly installments, and may take security therefor by mortgage with waiver of exemption or title or both, upon and to real estate or personal property or both, and the same shall be valid for the amount of the principal and interest charged; and such contract shall not be held usurious.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. NEW CONSTITUTION PROVIDEDREFERENDUM. No. 112 (House Resolution No. 462-1226). A Resolution. Proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1976; to provide an effective date; to provide for the submission of this Constitution for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . If ratified by the people at the general election in 1976, the following shall be the Constitution of the State of Georgia of 1976: CONSTITUTION OF THE STATE OF GEORGIA PREAMBLE To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.

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ARTICLE 1. BILL OF RIGHTS SECTION I. RIGHTS OF PERSONS Paragraph I. Life, Liberty, and Property . No person shall be deprived of life, liberty, or property, except by due process of law. Paragraph II. Freedom of Conscience . All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience. Paragraph III. Religious Options; Liberty of Conscience . No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. Paragraph IV. Liberty of Speech of the Press Guaranteed . No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may sepak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty. Paragraph V. Arms, Right to Keep and Bear . The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne. Paragraph VI. Right to Assemble and Petition . The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance.

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Paragraph VII. Attainder; Ex Post Facto and Retroactive Laws, Etc . No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed. Paragraph VIII. Libel; Jury in Criminal Cases; New Trials . In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the judges to grant new trials in case of conviction is preserved. Paragraph IX. Right to the Courts . No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both. Paragraph X. Searches, Seizures, and Warrants . The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. Paragraph XI. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process; Trial by Jury . Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury. Paragraph XII. Habeas Corpus . The writ of Habeas Corpus shall not be suspended.

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Paragraph XIII. Crimination of Self Not Compelled . No person shall be compelled to give testimony tending in any manner to criminate himself. Paragraph XIV. Bail; Fines; Punishment; Arrest, Abuse of Prisoners . Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison. Paragraph XV. Jeopardy of Life or Liberty More Than Once Forbidden . No person shall be put in jeopardy of life or liberty more than once for the same offense, save on his, or her own motion for a new trial after conviction, or in case of mistrial. Paragraph XVI. Treason . Treason against the State of Georgia, shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court. Paragraph XVII. Conviction, Effect of . No conviction shall work corruption of blood, or forfeiture of estate. Paragraph XVIII. Banishment and Whipping as Punishment for Crime . Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed. Paragraph XIX. Slavery and Involuntary Servitude . There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof. Paragraph XX. Imprisonment for Debt . There shall be no imprisonment for debt. Paragraph XXI. Costs . No person shall be compelled to pay costs except after conviction on final trial.

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Paragraph XXII. Status of the Citizen . The social status of the citizen shall never be the subject of legislation. Paragraph XXIII. Exemptions from Levy and Sale . There is hereby exempt from levy and sale, by virtue of any process whatever under the laws of this State, the property of every head of a family, or guardian, or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of dependent females of any age, who is not the head of a family, realty or personalty, or both, to the value in the aggregate of sixteen hundred dollars; and the General Assembly shall have authority to provide the manner of exempting said property, the sale, alienation and encumbrance thereof, and to provide for the waiver of said exemption by the debtor. The laws now of force with respect to the exemptions provided herein shall remain in full force until changed by law. Paragraph XXIV. Wife's Separate Estate . All property of the wife at the time of her marriage, and all property given, to, inherited or acquired by her, shall remain her separate property, and not be liable for the debts of her husband. Paragraph XXV. Enumeration of Rights Not Denial of Others . The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed. SECTION II . ORIGIN AND STRUCTURE OF GOVERNMENT Paragraph I. Origin and Foundation of Government . All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them.

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Paragraph II. State Rights . The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness. Paragraph III. Protection the Duty of Government . Protection to person and property is the paramount duty of government, and shall be impartial and complete. Paragraph IV. Legislative, Judicial, and Executive Powers, Separate . The legislative, judicial, and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shall, at the same time, exercise the functions of either of the others, except as herein provided. Paragraph V. Civil Authority Superior to Military . The civil authority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law. Paragraph VI. Contempts . The power of the Courts to punish for contempt shall be limited by legislative acts. Paragraph VII. General Laws; Uniform Operation; How Varied . Laws of a general nature shall have uniform operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights, shall be varied in any particular case, by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent. Paragraph VIII. What Acts Void . Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the Judiciary shall so declare them.

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Paragraph IX. Citizens, Protection of . All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship. Paragraph X. Appropriations to Churches, Sects, Ect., Forbidden . No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution. Paragraph XI. Lotteries . All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws. Paragraph XII. Lobbying; Penalties . Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties. Paragraph XIII. Fraud; Concealment of Property . The General Assembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor. SECTION III. GENERAL PROVISIONS Paragraph I. Private Ways; Just Compensation; Relocation Assistance; Land Acquisition Policies, Practices and Expenses . 1. In case of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and

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determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, lien holders, and the State and its subdivisions may be protected. 2. Notwithstanding any other provisions of this Constitution, the General Assembly of the State of Georgia may by law require the State and State agencies and institutions, and counties, municipalities, school districts, political subdivisions, public authorities, public agencies, public corporations and public instrumentalities created under this Constitution or the laws of this State: (i) to provide relocation assistance and payments to persons displaced by public projects or programs undertaken or sponsored by the foregoing public entities, including without limitation, all of those relocation assistances and payments as are, by section 210 of that certain Act of Congress of the United States of America known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646, 91st Congress, approved January 2, 1971), required to be made or furnished to such displaced persons by such public entities in order that federal financial assistance can be made available to such public entities with respect to the public projects or programs causing such displacements, and (ii) to establish and implement acquisition policies and practices and provide for the payment or reimbursement of necessary expenses of persons whose properties are acquired in connection with the acquisition of real property for public projects or programs, such policies, practices, payments and reimbursements to include, without limitation, those real property acquisition policies, practices, payments and reimbursements which section 305 of said Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 requires that the foregoing

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public entities establish and implement or pay and reimburse, as the case may be, in acquiring real property for a public project or program in order that federal financial assistance can be made available to such public entities with respect to such projects or programs. The providing of all of such relocation assistances and payments and, in connection with the acquisition of real property for public projects or programs, the establishing of all of such policies and practices and the paying or reimbursing of all of such necessary expenses, are declared to be necessary, among other reasons, in order to avoid the loss of large sums of money which will otherwise be made available to the foregoing public entities as financial assistance by the United States of America and shall constitute governmental functions undertaken for public purposes, and the powers of taxation may be exercised and public funds expended in furtherance thereof. Paragraph II. Tidewater Titles Confirmed . The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark is hereby ratified and confirmed. ARTICLE II . ELECTIVE FRANCHISE SECTION I . QUALIFICATIONS AND DISABILITIES OF ELECTORS . Paragraph I. Elections by Ballot; Registration of Voters . Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law. Paragraph II. Who Shall Be An Elector Entitled to Register and Vote . Every citizen of this State who is a citizen of the United States, eighteen years old or upwards,

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not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State. Paragraph III. Qualifications of Electors . Every citizen of this State shall be entitled to register as an elector, and to vote in all elections in said State, who is not disqualified under the provisions of Paragraph I of section II of this Article, and who possesses the qualifications prescribed in Paragraph II of sections I and II of this Article or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the two following subdivisions of this paragraph. 1. All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government; or, 2. All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to them by any of the registrars. SECTION II . REGISTRATION REQUIREMENTS AND APPEALS . Paragraph I. Registration of Electors; Who Disfranchised . The General Assembly may provide, from

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time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor, or trust in this State, to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such persons shall have been pardoned. 2nd. Idiots and insane persons. Paragraph II. Residence Requirements to Register and Vote . The General Assembly shall provide by law for the durational residence requirements necessary to register and vote at any election by the people except that no person shall be entitled to register and vote unless he shall have resided in the State at least thirty (30) days immediately preceding the election at which he seeks to vote. Paragraph III. Appeal from Decision of Registrars . Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph III of section I of this Article shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of and shall be returned by the registrars to the office of the clerk of the superior court to be tried as other appeals. Paragraph IV. Judgment of Force Pending Appeal . Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force.

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SECTION III . GENERAL PROVISIONS Paragraph I. Privilege of Electors from Arrest . Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same. Paragraph II. Holder of Public Funds . No person who is the holder of any public money, contrary to law, shall be eligible to any office in this State until the same is accounted for and paid into the Treasury. Paragraph III. Write-In Votes . No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given twenty or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a State general election, to the Secretary of State and by publication in a paper of general circulation in the State; in a general election of county officers, to the Judge of the Probate Court of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State. Paragraph IV. Returns Made to Whom . Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law. Paragraph V. Sale of Liquors on Election Days . The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision

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thereof on all days for the holding of any electio in the area in which such election is held and prescribed punishment for any violation of the same. ARTICLE III . LEGISLATIVE BRANCH SECTION I . LEGISLATIVE POWER, WHERE VESTED Paragraph I. Power Vested in General Assembly . The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives. SECTION II . SENATORIAL DISTRICTS Paragraph I. Apportionment of Senate . The Senate shall consist of not less than fifty-four and not more than fifty-six members. Each Senator shall be elected from and represent one Senatorial District. The General Assembly may create, rearrange and change Senatorial Districts as it deems proper. The apportionment of the Senate shall be changed by the General Assembly, if necessary, after each United States decennial census becomes official. Paragraph II. Qualifications of Senators . The Senators shall be citizens of the United States, who have attained the age of twenty-five years, and who shall have been citizens of this State for four years, and for one year residents of the districts from which elected. SECTION III . REPRESENTATIVE DISTRICTS Paragraph I. Apportionment of the House of Representatives . The House of Representatives shall consist of representatives apportioned among the Representative

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Districts of the State. The General Assembly may create, rearrange and change Representative Districts as it deems proper. The apportionment of the House of Representatives shall be changed by the General Assembly, if necessary, after each United States decennial census becomes official. Paragraph II. Qualifications of Representatives . The Representatives shall be citizens of the United States who have attained the age of twenty-one years and who shall have been citizens of this State for two years, and for one year residents of the districts from which elected. SECTION IV . OFFICERS OF THE GENERAL ASSEMBLY Paragraph I. President and President Pro Tempore . The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall become President in case of the death, resignation or permanent disability of the President or in the event of the succession of the President to the executive power. In the event the President is unable to perform the duties of his office because of temporary disability, the President Pro Tempore shall act as President during the period of temporary disability. In the event the President Pro Tempore becomes President while the General Assembly is in session, the Senate shall elect a President Pro Tempore viva voce from the Senators. In the event the President Pro Tempore becomes President at a time when the General Assembly is not in session, the Senate shall elect a President Pro Tempore viva voce from the Senators at the next session, if any, during the same term, whether it be a regular session or an extraordinary session. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. When a President Pro Tempore becomes President of the Senate as provided in this Paragraph, such President shall receive the same compensation and allowances as the Speaker of the House of Representatives. The provisions of this Paragraph

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shall become effective on the first day of the regular session of the General Assembly in 1977. Paragraph II. Speaker . The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce from the Representatives. A Speaker Pro Tempore shall be elected viva voce from the Representatives and shall act in case of the death, resignation or disability of the Speaker, or in the event of his succession to the executive power. Paragraph III. Officers of the Two Houses . The officers of the two houses, other than the President of the Senate and the Speaker of the House, shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives, and such assistants as each House may provide for. SECTION V . GENERAL ASSEMBLY; ORGANIZATION AND PROCEDURE Paragraph I. Term of Members . The members of the General Assembly shall be elected for two years, and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of such member's term of office. Paragraph II. Election. When . The first election for members of the General Assembly, under this Constitution shall take place on Tuesday after the first Monday in November, 1978, and subsequent elections biennially, on that day, until the day of election is changed by law. Paragraph III. Meeting; Time Limit; Adjournment . The General Assembly shall meet in regular session on the second Monday in January of each year. By concurrent resolution adopted by a majority of the members elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later

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date as it may fix for reconvening in regular session but shall remain in regular session no longer than forty days in the aggregate each year. Separate periods of adjournment may be fixed by one or more such concurrent resolutions. The Senate and the House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. All business pending in the Senate or the House of Representatives at the time of adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment. Nothin herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives as provided in Article V, Section II, Paragraph III of this Constitution. If any impeachment trial is pending at the end of any [Illegible Text] or extraordinary session, the Senate may continue in session until such trial is completed. Paragraph IV. Oath of Members . Each Senator and Representative, before taking his seat shall take the following oath, or affirmation, to-wit: I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conductive to the interests and prosperity of this State. Paragraph V. Quorum . A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each House may provide. Paragraph VI. Adjournment . Neither House shall adjourn for more than three days, or to any other place, without the consent of the other, and in case of disagreement between the two Houses on a question of adjournment, the Governor may adjourn either, or both of them.

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Paragraph VII. Eligibility; Appointments Forbidden . No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them except Justices of the Peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat, provided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term. Paragraph VIII. Removal from District, Effect of . The seat of a member of either house shall be vacated on his removal from the district from which he was elected. Paragraph IX. Compensation and Allowances . The compensation and allowances of the members of the General Assembly shall be as provided by law. Paragraph X. Election, Returns, Etc.; Disorderly Conduct . Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs. Paragraph XI. Contempts, How Punished . Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House.

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Paragraph XII. Privilege of Members . The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either House. Paragraph XIII. Viva Voce Vote; Place of Meeting . All elections by the General Assembly shall be viva voce, and the vote shall appear on the Journal of the House of Representatives. When the Senate and House of Representatives unite for the purpose of election, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the results. SECTION VI . IMPEACHMENTS Paragraph I. Power to Impeach . The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office. Paragraph II. Impeachments . The Senate shall have the sole power to try impeachments. When sitting for that purpose, the Senators shall be on oath, or affirmation, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, then the Presiding Justice shall preside. Should the Presiding Justice be disqualified, then the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without concurrence of two-thirds of the members present. Paragraph III. Judgments in Impeachments . Judgments, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law.

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SECTION VII . ENACTMENT OF LAWS Paragraph I. Journals and Acts . Each House shall keep a journal of its proceedings, and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session. Paragraph II. Where Journals Kept . The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof. Paragraph III. Bills to Be Read . Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed. Paragraph IV. One Subject Matter Expressed . No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof. Paragraph V. Yeas and Nays, When Taken . The yeas and nays on any question shall, at the desire of one-fifth of the members present, be entered on the Journal. Paragraph VI. Yeas and Nays to Be Entered, When . Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal. Paragraph VII. Majority of Members to Pass Bill . No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each House of the General Assembly, and it shall, in every instance, so appear on the Journal. Paragraph VIII. Bills for Revenue . All bills for raising

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revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills. Paragraph IX. Notice of Intention to Ask Local Legislation Necessary . No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Where any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may in said law provide. Paragraph X. Acts Signed; Rejected Bills . All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected. Paragraph XI. Signature of Governor . No provision in this Constitution for a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other

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case, except in the case of the two-thirds vote required to override the veto, to submit constitutional amendments or a new Constitution, and in case of prolongation of a session of the General Assembly. Paragraph XII. Statutes and Sections of Code, How Amended . No law, or section of the Code, shall be amended or repealed by mere reference to its title, or to the number of the section of the Code, but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, as well as the alteration to be made. SECTION VIII . GENERAL ASSEMBLY; EXERCISE OF POWERS Paragraph I. Powers of the General Assembly . The General Assembly shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. Paragraph II. Right of Eminent Domain . The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use. Paragraph III. Police Power . The exercise of the police power of the state shall never be abridged, nor so construed as to permit the conduct of business in such manner as to infringe the equal rights of others, or the general well-being of the State. Paragraph IIIA. Restrictions upon Land Use for the Protection of Natural Resources, Environment and Vital Areas . The General Assembly shall have the authority to provide restrictions upon land use in order to protect and preserve the natural resources, environment and vital areas of this State. Paragraph IV. Compensation and Allowance of Elective

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Officials; How Changed . The General Assembly may, at any time, provide by law other and different compensation or allowances for all of the elective officers provided for in this Constitution. Paragraph V. Corporate Powers, How Granted . The General Assembly shall have no power to grant corporate powers and privileges to private companies, 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; it may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation. 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 law by what person such charter shall be granted. Paragraph VI. Charters Revived or Amended Subject to Constitution . The General Assembly shall not remit the forfeiture of the charter of any corporation existing at the time the Constitution of 1945 became effective, nor alter or amend the same, nor pass any other general or special law, for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provision of this Constitution. Paragraph VII. Recognizances . The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the payment thereof, either before or after judgment thereon, unless the principal

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in the recognizance shall have been apprehended and placed in the custody of the proper officers. Paragraph VIII. Contracts to Defeat Competition . All contracts and agreements, which may have the effect, or be intended to have the effect, to defeat or lessen competition, or to encourage monopoly, shall be illegal and void. The General Assembly of this State shall have no power to authorize any such contract or agreement. The General Assembly shall enforce the provisions of this Paragraph by appropriate legislation. Paragraph IX. Public Utility Tariffs and Charges . The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State; except as provided in this Constitution. Paragraph X. Rebates . No public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished, any such payments shall be illegal and void; and these prohibitions shall be enforced by suitable penalties. Paragraph XI. Street Railways . The General Assembly shall not authorize the construction of any street passenger

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railway, within the limits of any incorporate town or city, without the consent of the Corporate Authorities. Paragraph XII. Gratuities; Exceptions . 1. Except as provided in this Constitution, the General Assembly shall not by vote, resolution, or other, grant any donation or gratuity in favor of any person, corporation or association. 2. The General Assembly shall not grant or authorize extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into. 3. The General Assembly is authorized to provide by law for the payment of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce at least 100 barrels of oil per day, and the determination as to whether such well is producing this amount is hereby vested in the Commissioner of Natural Resources. Said law shall provide for the distribution of said amount as the General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor. 4. The General Assembly is hereby authorized to provide by law for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes. The General Assembly is authorized to provide in such law the procedure for determining the amount of funds and all other matters relative to any such grant. 5. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to

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provide by law for the indemnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph. 6. Notwithstanding any other provisions of this Constitution, the Department of Community Development, in order to make Georgia competitive with other states in securing new business, industry and tourism, is hereby authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry or tourism within the State. All such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made. The State Auditor shall conduct an audit of such expenditures at least every six months. SECTION IX . INSURANCE REGULATION Paragraph I. General Assembly to Enact Laws for People's Protection, Etc. The General Assembly shall, from time to time enact laws to compel all fire insurance companies, doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with the Director, Fiscal Division, Department of Administrative Services, of this State or such other officer as may be designated by law, to secure the people against loss by the operations of said companies.

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Paragraph II. Reports By Insurance Companies . The General Assembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same at their own expense, for the information and protection of the people. Paragraph III. Nonresident Insurance Companies . All life insurance companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, chartered by other States of the Union, or foreign States, shall show that they have deposited with the Comptroller General of the State in which they are chartered, or of this State, the Insurance Commissioner, or such other officer as may be authorized to receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, as a guarantee fund for the security of policy-holders. Paragraph IV. License by Comptroller General . When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from the State officials having charge of the funds so deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law. Paragraph V. Resident Insurance Companies; Guarantee Fund . All life insurance companies chartered by the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the company so depositing.

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Any such securities as may be needed or desired by the company may be taken from said department at any time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company. SECTION X . APPROPRIATIONS Paragraph I. Public Money, How Drawn . No money shall be drawn from the Treasury except by appropriation made by law. Paragraph II. Bills Appropriating Money . No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays in each house, are recorded. Paragraph III. Preparation, Submission and Enactments of General Appropriations Bill . (a) The Governor shall submit to the General Assembly within five days after its convening in regular session each year, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of the State for the next fiscal year. (b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies, and meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth of June following. (c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.

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Paragraph IV. General Appropriations Bill . The General Appropriations Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject. Paragraph V. General Appropriations Act . (a) Each General Appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants. (b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount to unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Paragraph VI of this section of the Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations Act was adopted and approved. (c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse.

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(d) All federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant. (e) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article IX, Section VI, Paragraph I(a), which such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation or authority and the appropriation or expenditure of any funds for the payment of obligations under any such contract, is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the effective date of the amendment to Article VII, section IX, Paragraph II of the Constitution of 1945 adopted November 6, 1962. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year's rental under such contract. Paragraph VI. Other or Supplementary Appropriations . In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriation Bill until the General Appropriations

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Act shall have been finally adopted by both Houses and approved by the Governor. Paragraph VII. Appropriations to be for Specific Sums . (a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object, the proceeds of any particular tax or fund or a part or percentage thereof. (b) An amount equal to all money derived from motor fuel taxes received by the State in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia; and for grants to counties by law authorizing road construction and maintenance, as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes and amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor.

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Paragraph VIII. Appropriations Void, When . Any appropriation made in conflict with either of the foregoing provisions shall be void. SECTION XI. MILITIA Paragraph I. Organization of Militia . A well regulated militia being essential to the peace and security of the State, the General Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped; and of whom it shall consist. Paragraph II. Volunteers . The General Assembly shall have power to authorize the formation of volunteer companies, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions as may be prescribed by law, and shall have authority to arm and equip the same. Paragraph III. Pay of Militia and Volunteers . The officers and men of the militia and volunteer forces shall not be entitled to receive any pay, rations, or emoluments, when not in active service by authority of the State. Paragraph IV. Discipline of the Militia . When not in Federal service the discipline of members of the Militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, Acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Militia. Notwithstanding any other provisions of this Constitution, the General Assembly shall have the authority to provide for trial by courts-martial and non-judicial punishment of members of the Militia, for the initiation of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined Militia.

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SECTION XII . EMERGENCY POWERS Paragraph I. Emergency Powers of the General Assembly . The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty: (1) To provide for prompt and temporary succession to the powers and duties of persons holding office in the Executive, Judicial and Legislative branches of State and local government whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices during such emergency; and (2) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of any or all constitutional legislative rules. Any legislation heretofore adopted by the General Assembly which would have been invalid except for the provisions of this Paragraph is hereby ratified as part of the statute laws of the State of Georgia. ARTICLE IV . CONSTITUTIONAL BOARDS AND COMMISSIONS SECTION I . PUBLIC SERVICE COMMISSION Paragraph I. Public Service Commission as Constitutional Officers . There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers and duties as provided by law. Such Commission shall consist of five members, who shall be elected by the people. A Chairman shall be selected by the members of

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the Commission from its membership. The first Commission under this Constitution shall consist of the commissioners in office on the effective date of this Constitution and they shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensations, filling of vacancies, manner and time of election, power and duties of members of the Commission, including the chairman, shall be as provided by law. SECTION II . STATE BOARD OF PARDONS AND PAROLES Paragraph I. State Board of Pardons and Paroles . There shall be a State Board of Pardons and Paroles to be composed of not less than five or more than seven members, the number to be determined by the General Assembly. Until changed by the General Assembly, the Board shall consist of five members. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Additional members of the Board, if added by the General Assembly, and the successors to the present members and all members of the Board who are subsequently appointed to fill vacancies shall serve on the Board for a period of seven years. Any member of the Board may be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General or by the judgment of the Senate in a trial of impeachment. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. The Governor shall not be a member of the State Board of Pardons and Paroles. The General Assembly shall fix the compensation of the members of the Board. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of

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death. Provided that such board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities or remission of sentence granted, stating the name of the convicted, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. Each year the Board shall elect one of its members to serve as Chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph. SECTION III . STATE BOARD OF CORRECTIONS Paragraph I. State Board of Corrections; How Composed, Director . There shall be a State Board of Corrections composed of five members in charge of the State Penal System. The Board shall have such jurisdiction, powers, duties and control of the State Penal System and the inmates thereof as shall be provided by law. The Board shall elect a Director of Corrections who shall be the executive officer of the Board. The Board of Corrections shall be appointed by the Governor with the consent of the Senate. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms and their successors shall be appointed for terms of five years each. The compensation of the Director and members of the Board shall be fixed by law. SECTION IV . BOARD OF NATURAL RESOURCES Paragraph I. Creation; Membership; Appointment; Terms of Office; Powers and Duties; Compensation . There

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shall be a Board of Natural Resources. Said Board of Natural Resources shall consist of one member from each Congressional District in this State, and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden; and four members from the State at Large. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments of members of the Board of Natural Resources shall be made by the Governor and confirmed by the Senate for a term of seven years from the expiration of the previous term, except in case of an unexpired term. Insofar as it is practicable, the members of the Board shall be representative of all areas and functions encompassed within the Department of Natural Resources. All members of the Board of Natural Resources shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment by the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. The Board of Natural Resources shall have such powers, authority, duties, and shall receive such compensation and expenses as may be delegated or provided for by the General Assembly. SECTION V . VETERANS SERVICE BOARD Paragraph I. Veterans Service Board; How Composed; Director . There shall be a State Department of Veterans Service and Veterans Service Board composed of seven members, who shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. Said Board shall appoint a director who shall be the executive officer of the Department. Members of the Board shall be appointed by the Governor with the advice and consent of the Senate and all members of the Board and the Director shall be veterans of some war in which the United States has engaged.

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The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter all terms and appointments, except in case of vacancy, shall be for seven years. Vacancies shall be filled by appointment by the Governor. SECTION VI . STATE PERSONNEL BOARD Paragraph I. State Personnel Board . A non-salaried State Personnel Board comprised of three citizens of this State, of known interest in the improvement of public administration, shall administer a State Merit System under which State personnel shall be selected on a basis of merit, fitness, and efficiency according to law. The members of the State Personnel Board shall be appointed by the Governor with the advice of the Senate. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. All subsequent appointments shall be for a period of seven years, except unexpired terms. No State official or employee shall be a member of the State Personnel Board. Paragraph II. Veterans Preference . Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and was honorably discharged therefrom, shall be given such veterans perference in any civil service program established in the State government or any political subdivision thereof as may be determined by appropriate action of the General Assembly. Provided, however, notwithstanding any such action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking

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a competitive examination for employment with the State government or any political subdivision thereof: (a) Such veteran who has at least a ten per centum service connected disability as rated and certified by the Veterans Administration shall be entitled to and shall have ten points added to his passing score on such examination; and (b) Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination. SECTION VII . BOARD OF COMMUNITY DEVELOPMENT Paragraph I. Board of Community Development . There shall be a Department of Community Development. Wherever the words Department of Industry and Trade were used heretofore in any statute they shall be held and taken to mean the Department of Community Development. There shall be a Board of Community Development. Wherever the words Board of Commissioners of the Department of Industry and Trade were used heretofore in any statute they shall be held and taken to mean the Board of Community Development. The Board shall be composed of twenty members, two from each Congressional District in the State. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Department as shall be provided by law. The members of the Board in office on the effective date of this Constitution shall serve out the remainder of their respective terms and until their successors are duly elected and qualified as hereunder provided. The successors to such members, except in case of an appointment to fill a vacancy, shall be for six years dating from April 1 of the beginning year of such term. The Governor shall appoint all successors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired term. In making appointments to the Board, the Governor shall

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insure that there is representation from local governments and area planning and development commissions as provided by law. The Board shall appoint a Commissioner who shall be the Executive Officer and Administrative Head of the Department. Paragraph II. Powers . In addition to such powers and duties as may from time to time be conferred upon the Board of Community Development and the Department of Community Development, the Board of Community Development shall be authorized to participate with any county, municipality, non-profit organization, or any combination thereof, in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this State, notwithstanding any other provisions of this Constitution to the contrary. SECTION VIII. STATE TRANSPORTATION BOARD Paragraph I. State Transportation Board Created . There shall be a State Transportation Board, composed of as many members as there are Congressional Districts in the State. 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 whose respective districts are embraced or partly embraced within such Congressional District, meeting in caucus. All members shall be elected for terms of five years each and until their successors are duly elected and qualified. The members of the Board in office on the effective date of this Constitution shall serve out the remainder of their respective terms. The successors to such members, as their respective terms expire, shall be elected by the General Assembly as provided herein and pursuant to the provisions of law enacted or as may hereafter be enacted to implement this Paragraph. The State Transportation Board shall elect a Commissioner of Transportation, who shall be the Chief Executive Officer of the Department of Transportation. The General Assembly shall define by law the powers, duties, qualifications and

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compensation of the Board and of the Commissioner, and shall by law prescribe the manner, time and procedure for the election of members of the Board, and the manner of filling vacancies therein. Paragraph II. Compliance with Federal Law . In order to fully comply with that certain Act of the Congress of the United States, known as Public Law 89-285, 89th Congress, S. 2084, approved October 22, 1965, and which said Public Law amended section 131 of Title 23, United States Code, and revised the same so as to provide for the Control of Outdoor Advertising on the Interstate or Primary Systems of Federal-Aid Highways; provided for bonus payments to the State complying with such public law, and also provided penalties for non-compliance; and which said described Public Law further amended Chapter 1 of Title 23 of said United States Code by adding thereto a new section to provide for the Control of Junk Yard, on such Interstate and Primary Systems of Federal-Aid Highways, and provided that Federal funds available to the States for highway purposes should be reduced by 20 percent for failure to comply with such provisions; and which said Public Law further amended and revised section 319 of Title 23 of said United States Code so as to provide for a Landscaping and Scenic Enhancement, and which amendment and revision of said section provided for a bonus of 3 percent of Federal funds, otherwise available to the State, as an incentive for compliance with said provision of said Public Law; and, in order to promote the reasonable, orderly, and effective display of Outdoor Advertising, in accordance with the provisions of said described Act of Congress of the United States, and consistent with the purposes of this provision of the Constitution, the State of Georgia, acting by and through the Department of Transportation, is hereby authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Domain, upon the payment of just and adequate compensation, easements or other interests in private property, for the purpose of acquiring the title to and the right to remove, or require removal, of any billboards or other outdoor advertising which may

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exist upon such property on November 7, 1972, and within a distance of 660 feet of the nearest edge of the right-of-way line of any State-Aid highway, which is a part of the Interstate or Primary System of Federal-Aid Highways,provided, however, that, as to any such advertising sign, display, or device, lawfully in existence upon any of such described highways on September 1, 1965, the owner of such advertising sign, display, or device shall not be required to remove the same until July 1, 1970; and, as to such described sign, the provision of this Paragraph shall not become effective until said date of July 1, 1970, except that the State may acquire the right to remove the same by voluntary negotiation with the owner thereof. The State, acting by and through the Department of Transportation, shall be further authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Domain, upon payment of just and adequate compensation, easements or other interest in land within a distance of 1,000 feet of the nearest edge of the right-of-way line of any State-Aid road, which is a part of the Federal Interstate or Primary Systems of Highways, for the purpose of requiring the owners of junk yards existing upon such property to remove the same, or to screen them from public view, in accordance with regulations which the State Transportation Board is hereby authorized to make and publish in such respect, which regulations shall conform to and comply with such described Public Law; provided, however, that any junk yard, which was in existence on the date of the approval of said described Public Law, on October 22, 1965, and which the Commissioner of the Department of Transportation funds as a practical matter cannot be screened, and which finding is approved by the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, in accordance with subparagraph (h) of Title II of said Public Laws, the owner of such described junk yard shall not be required to remove the same until July 1, 1970; and the provisions of this Paragraph, under such described circumstances, shall not be applicable except that the Department of Transportation shall be authorized to acquire the right to remove said junk yard, or to

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screen the same in accordance with the requirements of said Public Law by voluntary negotiation; and with the further exception that where the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, refuses to approve the continued maintenance of such junk yard until July 1, 1970, the provisions of this Paragraph shall become immediately applicable upon a proper certificate being made and entered by the Commissioner of the Department of Transportation, showing the fact of such refusal. The necessity for such acquisition, as set forth in the preceding paragraphs of this section, as a part of that portion of the State-Aid System of Public Roads, which are also a part of the Federal Interstate or Primary System, is hereby declared, in order to avoid the loss of large sums of money which would be otherwise granted to the State in the construction and maintenance of such Road System by the United States Government. The General Assembly shall have full authority to zone property within a distance of 1,000 feet of the nearest edge of the right-of-way line of any State-Aid Road, which is also a part of the Federal Interstate System or Primary System, for commercial or industrial purposes; and in respect thereto, to also zone such property in respect to the location of advertising signs, displays, or devices; or in respect to the establishment, removal, or control of junk yards; and to provide for rules and regulations governing both advertising and junk yards; all in conformance to and in compliance with the provisions of said Public Law of the United States Congress. The General Assembly shall have full authority to enact such legislation as will enable this State, acting by and through the Department of Transportation, to fully comply with Title III of said described Public Law, and in respect to Landscaping and Scenic Enhancement; and in such manner as to enable this State to take advantage of the bonus payment to the State from the Federal Government, as provided for in said Title.

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Paragraph III. Construction of Statutes . Wherever the words State Highway Board were used heretofore in any statute, they shall be held and taken to mean the State Transportation Board. Wherever the word Director was used heretofore in connection with the Department of Transportation or State Highway Department in any statute, it shall be held and taken to mean Commissioner of Transportation. Wherever the words State Highway Department or State Highway Department of Georgia were used heretofore in any statute, they shall be held and taken to mean the Department of Transportation. ARTICLE V . EXECUTIVE BRANCH SECTION I . ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR Paragraph I. Governor; Term of Office; Compensation and Allowances . The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving on the effective date of this Constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold the office until after the expiration of four years from the conclusion of the term of office. The compensation and allowances of the Governor shall be as provided by law. During his term of office he shall not receive any other emolument from the United States, or either of them, or from any foreign power. Paragraph II. Election for Governor . The first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1978, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place quadrennially thereafter, on said date, until

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another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of member of the General Assembly, and the electors shall be the same. Paragraph III. Transmission, Canvassing and Publishing Election Returns . The returns of each election district in a gubernatorial election shall be sealed up by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tuesday next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of each standing committee of the General Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns. Paragraph IV. Run-off Election . In the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the gubernatorial election by immediately calling a run-off election and designate as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This run-off election shall be held on the third Tuesday immediately following the general election unless the date thereof shall be changed by the General Assembly. The run-off election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the two persons designated shall be counted in the tabulation and canvass

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of the votes cast. The provisions relating to the transmission of the returns in the general election, the opening of the returns, their tabulation, canvassing and publication shall apply to the run-off election. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate and publish the returns of the run-off election. The person having the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected Governor of this State. Paragraph V. General Assembly may Provide Additional Procedures . The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter embraced within Paragraphs III and IV and in connection with any contested election, provided such laws are not inconsistent with the provisions therein. Paragraph VI. Lieutenant Governor . There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate. The Compensation and allowances of the Lieutenant Governor shall be as provided by law. Paragraph VII. Qualifications of Governor and Lieutenant Governor . No person shall be eligible to the office of Governor or Lieutenant Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years immediately preceding his election, and who shall not have attained the age of thirty years when he assumes office. Paragraph VIII. Succession to Executive Power . In case of the death, resignation, or disability of the Governor or the Governor-Elect, the Lieutenant Governor or the Lieutenant Governor-Elect upon becoming the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be

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elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. Paragraph IX. Oath of Office . The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America. SECTION II . DUTIES AND POWERS OF GOVERNOR Paragraph I. Commander-in-Chief . The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof. Paragraph II. Reprieves and Pardons . The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinbefore provided, shall have an opportunity of hearing the application of the convicted person for any relief within the

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power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. Paragraph III. Writs of Election; Called Sessions of the General Assembly . The Governor shall issue writs of election to fill all vacancies that may happen in the Senate and the House of Representatives, and shall give the General Assembly, from time to time, information on the state of the State, and recommend for its consideration such measures as he may deem necessary or expedient. The Governor shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted at called sessions of the General Assembly, except such as shall relate to the object stated in his proclamation convening them; providing that such called sessions of the General Assembly shall not exceed 70 days in length, unless at the expiration of said period there shall be pending an impeachment trial of some officer of the State Government in which event the General Assembly will be authorized to remain in session until such trial shall have been completed. Provided, however, that when three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion and emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of said

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Governor and mandatory upon him, within five days from the receipt of such certificate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary, self convened session shall be limited to a period of 30 days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the State Government, in which event the General Assembly shall be authorized to remain in session until such trial shall have been completed. The members of the General Assembly shall receive the same compensation and allowances during such extraordinary session as provided by law during a regular session. Paragraph IV. Filling Vacancies . When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof. Paragraph V. Appointments Rejected . A person once rejected by the Senate, shall not be reappointed by the Governor to the same office during the same session, or the recess thereafter. Paragraph VI. Governor's veto . The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each House may pass a law notwithstanding his veto; and if any bill should not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a law; unless the

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General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have thirty days (Sundays excepted) from the date of adjournment in which to approve the same, and if not approved within that time, the same shall become a law. He may approve any appropriation, and veto any other appropriation, in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House. Whenever such bill has been vetoed by the Governor, it shall be the duty of the Governor to transmit such bill to the presiding officer of the Branch of the General Assembly in which it originated, together with a list of reasons, if any, for such veto. Such transmission shall be made within thirty-five days (Sundays excepted) from the date of the adjournment of the Session of the General Assembly at which such bill was passed. Such bill may be considered by the Branch of the General Assembly in which it originated at any time within the first ten days of the next regular Session of the General Assembly for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such Branch of the General Assembly the same shall be immediately transmitted by the Secretary of or the Clerk of such Branch of the General Assembly to the other Branch of the General Assembly. It shall be the duty of the presiding officer of such other Branch of the General Assembly upon receiving such Bill to dispense with all business that is then being considered and to then and there consider and act upon such Bill for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such Branch of the General Assembly such Bill shall become law. In the event either Branch of the General Assembly should fail to override the Governor's action on a Bill, such Bill shall not again be presented to the General Assembly of Georgia for the purpose of overriding the action of the Governor. In the event any bill is enacted into law pursuant to the terms of this paragraph, the effective date of such bill shall be on the date that such bill was acted

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upon by the Branch of the General Assembly last acting upon such bill. Provided, however, that any bills that are vetoed by the Governor after the adjournment of the regular session of the General Assembly immediately preceding the general election in which the Governor is elected, shall not be subject to be overridden by the next regular session of the General Assembly. Paragraph VII. Governor to Approve Resolutions. Etc . Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Constitution or to provide for a new Constitution. Paragraph VIII. Information from Officers and Employees; Suspension of Officers . The Governor may require information in writing from Constitutional officers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment. The General Assembly shall have authority to provide by law for the suspension of any Constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same. SECTION III . OTHER ELECTED EXECUTIVE OFFICERS Paragraph I. Executive Officers, How Elected . The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, and the Commissioner of Labor shall be elected by the persons qualified to vote for members of the General

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Assembly at the same time, and in the same manner as the Governor. The provisions of the Constitution as to the transmission, tabulation and canvassing of the returns of the election, runoff elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named executive officers; and they shall be commissioned by the Governor and hold their offices for the same time as the Governor. In case of the death or withdrawal of a person having received a majority of the whole number of votes cast in an election for any of the above-named offices, the Governor elected at such election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election at which time a successor shall be elected to serve out the unexpired term of office. Paragraph II. Duties, Authority, and Compensation and Allowances of Other Executive Officers . The General Assembly shall have power to prescribe the duties, authority, and compensation and allowances of the executive officers, and to provide help and expenses necessary for the operation of the department of each. Paragraph III. Profit From Use of Public Money . No State official shall be allowed, directly or indirectly, to receive any fee, interest, or reward from any person, bank, or corporation for the deposit, or use, in any manner, of the public funds, and the General Assembly shall enforce this provision by suitable penalties. Paragraph IV. Qualifications . No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor, unless he shall have been a citizen of the United States for ten years, shall have resided in this State for six years next preceding his election, and shall be at least twenty-five years of age when elected. All of said officers shall give bond and security, under regulation to be prescribed

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by law, for the faithful discharge of their duties. Paragraph V. Fees and Perquisites Denied . No State official named in Paragraph I of this section shall be allowed any fee, perquisite or compensation other than his compensation and allowances as prescribed by law, except his necessary expenses when absent from the seat of government on business for the State. Paragraph VI. Great Seal; What Constitutes; Custody; When Affixed to Instruments . The great seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the great seal of the State until otherwise provided by law. ARTICLE VI . JUDICIARY SECTION I . COURTS ENUMERATED Paragraph I. Courts Enumerated . The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Probate Courts, Justices of the Peace, Notaries Public who are ex-officio Justices of the Peace, and such other Courts as have been or may be established by law. Paragraph II. Unified Judicial System . For the purposes of administration, all of the courts of the State shall be a part of one unified judicial system. The administration of the unified judicial system shall be as provided by law. As used herein, administration does not include abolition or creation of courts, selection of judges, or jurisdictional provisions other than as otherwise authorized in this Constitution. The administration provided herein shall only be performed by the unified judicial system itself and shall not be administered to or controlled by any other department of Government.

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SECTION II . SUPREME COURT AND COURT OF APPEALS Paragraph I. Supreme Court Justices; Quorum . The Supreme Court shall consist of seven associate justices, who shall from time to time as they may deem proper, elect one of their members as Chief Justice and one as Presiding Justice. The Chief Justice so elected by the other Justices shall be the chief presiding and administrative officer of the court, and the Presiding Justice, elected in like manner, shall perform all the duties devolving upon the Chief Justice, when he is absent or disqualified. A majority of the court shall constitute a quorum. Paragraph II. Court to Designate Judges to Preside, When . When one or more of the Justices of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Court to preside in said case, provided, that if all the justices are disqualified, they or a majority of them shall, despite their disqualification, select seven judges of the Superior Courts to preside in the case, but they shall make such selections by lot and in open court from not less than twelve names of such Superior Court judges. Paragraph III. Terms of Office . The Justices aforesaid shall hold their offices for six years, and until their successors are qualified. They shall be elected by the people at the same time and in the same manner as members of the General Assembly. In case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor for the balance of the unexpired term shall have been elected and qualified. The returns of such elections shall be made to the Secretary of State, who shall certify the result to the Governor, and commission shall issue accordingly. Paragraph IV. Jurisdiction of Supreme Court . The

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Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savannah, as existed on August 16, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases that involve the construction of the Constitution of the State of Georgia or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried by writ of error to the Supreme Court. Any case carried to the Supreme Court or to the Court of Appeals, which belongs to the class of which the other court has jurisdiction, shall, until otherwise provided by law, be transferred to the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof. The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error, and may prescribe conditions as to the right of a party litigant to have his case reviewed by the Supreme Court or Court of Appeals. The Supreme Court shall also have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the judges of that Court when sitting as a body for the determination of cases.

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Paragraph V. Cases. How Disposed Of . The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing, as provided by Paragraph VIII of this Article and Section, or at the next term. If the plaintiff in error shall not be prepared to prosecute the case at the term for which it is so entered for hearing, unless prevented by providential cause, it shall be stricken from the docket and the judgment below shall stand affirmed. No writ of error shall be dismissed because of delay in transmission of the bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause, unless it shall appear that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability resulting therefrom. Paragraph VI. Judgments May Be Withheld . In any case the Supreme Court or the Court of Appeals may in its discretion withhold its judgment until the next term after the same is argued. Paragraph VII. The Supreme Court; How Cases to Be Heard and Determined . The Supreme Court shall have power to hear and determine cases when sitting in a body, under such regulations as may be prescribed by it. Paragraph VIII. Court of Appeals . The Court of Appeals shall consist of not less than three Judges, and of such additional Judges as the General Assembly shall from time to time prescribe. The terms of the Judges of the Court of Appeals shall be for six years and until their successors are qualified. The times and manner of electing Judges, and the mode of filling a vacancy which causes an unexpired term, shall be the same as are or may be provided for by the laws relating to the election and appointment of Justices of the Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correction of errors of law from the superior courts and from the City Courts of Atlanta and Savannah, as they existed on August 19, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases in which such jurisdiction has not been conferred

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by this Constitution upon the Supreme Court, and in such other cases as may now or hereafter be prescribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme Court, and thereupon a transcript of the record shall be transmitted to the Supreme Court, which, after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the Supreme Court by the Court of Appeals, and the subsequent proceedings in regard to the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme Court as hereinbefore provided. All writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the Court and before the docket of the term is by order of the Court closed, shall be entered thereon, and when received at any other time, shall be entered on the docket of the next term; and they shall stand for hearing at the term for which they are so entered, under such rules as the Court has or may hereafter prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court as to qualifications and salaries of Judges, the designation of other Judges to preside when members of the Court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the Court, the powers, practice, procedure, times of sitting, and costs of the Court, the publication of reports of cases decided

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therein, and in all other respects, except as otherwise provided in this Constitution or by the laws as to the Court of Appeals on the effective date of this Constitution, and until otherwise provided by law, shall apply to the Court of Appeals so far as they can be made to apply. The decisions of the Supreme Court shall bind the Court of Appeals as precedents. The Court of Appeals shall have power to hear and determine cases when sitting in a body, except as may be otherwise provided by the General Assembly. In the event of an equal division of judges on any case when the Court is sitting as a body, the case shall be immediately transferred to the Supreme Court. Paragraph IX. Appeals from the Juvenile Court . The Supreme Court and Court of Appeals shall have jurisdiction to review by direct writ of error, and without the necessity of a motion for new trial having been made, all final judgments, orders, decrees and adjudications rendered by any juvenile court, and, it shall further be the duty of the District Attorney of the judicial circuit within which the juvenile court or courts are located to represent the juvenile court on such appeals. The time for filing such bill of exceptions, and the procedure governing same, shall be as now provided by law for appeals, or as may hereafter be provided by law, but in any case, the Juvenile Judge may by order grant extensions of time for the filing of such bill of exceptions so as to afford opportunity for preparation of a brief or transcript of evidence, in cases where such is required. SECTION III . SUPERIOR COURTS Paragraph I. Terms, Etc., of Superior Court Judges . There shall be not less than one judge of the Superior Courts for each judicial circuit, whose term of office shall be for four years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more

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additional judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time at which the term or terms of office of such additional judge or judges shall begin, and the manner of his appointment or election, and shall have authority from time to time to add to the number of such judges in any judicial circuit; or to reduce the number of judges in any judicial circuit. Notwithstanding the provisions of this Section providing for a term of four years for judges of the superior courts and notwithstanding any other provision of this Constitution, the term of office of each of the Judges of the Superior Court of the Atlanta Judicial Circuit shall be for eight years and until his successor is qualified. Paragraph II. Elections, When to Be Held . The successors to the present and subsequent incumbents shall be elected by the electors of the circuit wherein the superior court judge is to serve, who are entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of thir respective terms. Paragraph III. Terms Begin, When . The terms of the judges to be elected under the Constitution, except to fill vacancies, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointments of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. SECTION IV . JURISDICTION Paragraph I. Exclusive Jurisdiction Except in Juvenile Cases . The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases where the

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offender is subjected to loss of life or confinement in the penitentiary, except in the case of juvenile offenders as provided by law; in cases respecting titles to land; and equity cases. Paragraph II. Equity May Be Merged in Common Law Courts . The General Assembly may confer upon the courts of common law all the powers heretofore exercised by courts of equity in this State. Paragraph III. General Jurisdiction . Said Courts shall have jurisdiction in all civil cases, except as hereinafter provided. Paragraph IV. Appellate Jurisdiction . They shall have appellate jurisdiction in all cases as may be provided by law. Paragraph V. Certiorari, Mandamus, Etc . They shall have power to correct errors in inferior judicatories by writ of certiorari, which shall only issue on the sanction of the Judge, and said Courts, and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers as are, or may be conferred on them by law. Paragraph VI. New Trials . The Superior, State and City Courts may grant new trials on legal grounds. Paragraph VII. Judgment of the Court . The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party. Paragraph VIII. Sessions . The Superior courts shall sit in each county not less than twice in each year, at such times as have been, or may be appointed by law. The judges of said courts may, on reasonable notice to the

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parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived. Paragraph IX. Presiding Judge Disqualified . The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding judge is from any cause disqualified. Paragraph X. Judges of Superior, State and City Courts May Alternate, When . In any county within which there is, or hereafter may be, a City Court or a State Court the Judge of such a Court, and the Judge of the Superior Court may preside in the Courts of each other in cases where the judge of either Court is disqualified to preside. SECTION V . STATE COURT OF CLAIMS Paragraph I. State Court of Claims; Jurisdiction; Appeals . The General Assembly is hereby authorized to create and establish a State Court of Claims with jurisdiction to try and dispose of cases involving claims for injury or damage, except the taking of private property for public purposes, against the State of Georgia, its agencies or political subdivisions, as the General Assembly may provide by law. Notwithstanding any other provision of this Constitution, the General Assembly may provide for exclusive jurisdiction over such cases in the State Court of Claims, provide for trial of such cases without a jury, and prescribe the place and manner in which such cases may be brought and tried. The Supreme Court and the Court of Appeals shall have original jurisdiction to try and correct errors of law from such State Court of Claims according to the method of appeal to said courts now provided for or as may hereafter be provided by law. Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but such sovereign immunity is expressly reserved except

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to the extent of any waiver of immunity provided in this Constitution and such waiver or qualification of immunity as is now or may hereafter be provided by act of the General Assembly. SECTION VI . PROBATE COURT Paragraph I. Probate Court; Judge of Probate Court; Appeals . The powers of a court of probate shall be vested in the Probate Court and the Judge of the Probate Court for each county, from whose decisions there may be an appeal, or by consent of the parties, without a decision, to the Superior Court under regulations prescribed by law. Paragraph II. Powers . (a) The Probate Courts shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law. (b) The Probate Courts shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the traffic laws of the State, and in all cases arising under the Compulsory School Attendance Law in all counties of this State in which there is no State court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offenses arising under the traffic laws of the State within their respective jurisdictions. Paragraph III. Term of Office . The Judge of the Probate Court shall hold his office for a term of four years and until his successor is elected and qualified. Paragraph IV. Construction . Wherever the words Ordinary, or Ordinaries or the words Court of Ordinary or Courts of Ordinary appear in any statutes of

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this State, and such words refer to the county officer heretofore known and designated as the Ordinary or the court heretofore known and designated as the Court of Ordinary, such words are hereby stricken and the words Judge of the Probate Court or Judges of the Probate Courts or the words Probate Court or Probate Courts, respectively, are hereby inserted in lieu of such stricken words. The changing of the names of the Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively, shall not affect the status of any matter pending before any such officer or any such court on January 1, 1975, and any such matter may be continued or disposed of by the Judge of the Probate Court or by the Probate Court, as the case may be. SECTION VII . JUSTICES OF THE PEACE Paragraph I. Number and Term of office . Unless it has been otherwise provided by the General Assembly, there shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be for four years: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace together with such additional jurisdiction, either as to amount or subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors

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by the Superior Court, or Court of Appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the County of Glynn, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extention of their jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia. Paragraph II. Jurisdiction . Justices 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 two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal

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to a jury in said court, or an appeal to the Superior Court under such regulations as may be prescribed by law. Paragraph III. Elections and Commissions . Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in office. SECTION VIII . NOTARIES PUBLIC Paragraph I. Appointment; Number; Term; Removal . Commissioned notaries public, not to exceed one for each militia district, may be appointed by the judges of the superior courts in their respective circuits, upon recommendation of the grand juries of the several counties. They shall be commissioned by the Governor for the term of four years and shall be ex-officio justices of the peace, and shall be removable on conviction for malpractice in office. SECTION IX . UNIFORMITY OF COURTS Paragraph I. Uniformity Provided For . Except as otherwise provided in this Constitution, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers (except State Courts and City Courts) of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. This uniformity must be established by the General Assembly, and in case of State Courts and City Courts, may be established by the General Assembly. SECTION X . ATTORNEY GENERAL Paragraph I. Election; term of office . There shall be an Attorney General of this State, who shall be elected by

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the people at the same time, for the same term and in the same manner as the Governor. Paragraph II. Duties . It shall be the duty of the Attorney General to act as the legal advisor of the Executive Department, to represent the State in the Supreme Court in all capital felonies; and in all civil and criminal cases in any court when required by the Governor and to perform such other services as shall be required of him by law. SECTION XI . DISTRICT ATTORNEYS Paragraph I. Number; term of office; vacancies . There shall be a district attorney for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the circuit wherein the district attorney is to serve, who are qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Paragraph II. Duties . It shall be the duty of the district attorney to represent the State in all cases in the superior court of his circuit and in all cases taken up from the superior courts of his circuit to the Supreme Court, and Court of Appeals and to perform such other services as shall be required of him by law. Paragraph III. Construction . Wherever the words solicitor general were used heretofore in any statute, when such words were used to refer to the office of the district attorney provided for in this Section, they shall be held and taken to mean the district attorney.

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SECTION XII . SALARIES OR JUSTICES, JUDGES, AND DISTRICT ATTORNEYS Paragraph I. Compensation and Allowances of Justices, Judges and District Attorneys . The Justices of the Supreme Court, the Judges of the Court of Appeals, the Judges of the Superior Courts, and the District Attorneys shall receive such compensation and allowances as provided by law. The General Assembly may authorize any county to supplement the compensation and allowances of a judge of the Superior Court and District Attorney of the Judicial Circuit in which such county lies out of county funds: Provided, however, where such compensation and allowances are, on the effective date of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly; Provided, further, that the Board of County Commissioners of Richmond County, or the Judge of the Probate Court, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury the compensation and allowances of the Judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of Two Thousand ($2,000) Dollars per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said County, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such compensation and allowances from the County treasury as above provided. Paragraph II. Power to Abolish or Reinstate Fees of District Attorney . The General Assembly shall have power, at any time, by law, to abolish the fees accruing to the office of district attorney in any particular judicial circuit, and in lieu thereof to prescribe compensation and

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allowances for such office, without regard to the uniformity of such compensation or allowances in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of district attorney in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it so desires, to abolish such compensation and allowances and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the district attorney was elected. SECTION XIII . QUALIFICATIONS OF JUSTICES, JUDGES, ETC . Paragraph I. Age; Citizenship; Practice of Law . No person shall be a Justice of the Supreme Court, a Judge of the Court of Appeals, or a Judge of Superior Courts, unless, at the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years. No person shall be Attorney General unless at the time of his election he shall have attained the age of twenty-five years, and shall have been a citizen of the State for six years next preceding his election, and have practiced law for seven years. No person shall be a district attorney, unless at the time of his election he shall have attained twenty-five years of age, shall have been a citizen of the State for three years, and shall have practiced law for three years next preceding his election. Paragraph II. Emeritus Justices and Judges; Preside . Chief Justices Emeritus and Justices Emeritus of the Supreme Court; Judges Emeritus of the Court of Appeals; and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court of Georgia, the Court of Appeals of Georgia and the Superior Courts of this State. The General Assembly shall prescribe the method or manner in which they may be called upon for temporary service.

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Paragraph III. Discipline, Removal, and Involuntary Retirement . (a) Judicial Qualifications Commission. There shall be a Judicial Qualifications Commission. It shall consist of seven members, as follows: (i) two judges of any court of record, each selected by the Supreme Court; (ii) three members of the State Bar, who shall have practiced law in this State for at least ten years and who shall be elected by the Board of Governors of the State Bar; and (iii) two citizens, neither of whom shall be a member of the State Bar, who shall be appointed by the Governor. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms and until their successors are elected or appointed and have qualified. Thereafter, all members shall serve for terms of four years each and until their successors are elected or appointed and have qualified. Whenever any member ceases to hold the office or to possess the qualifications which entitled him to be appointed a member, his membership shall terminate, and the appointing authority shall select his successor for the unexpired term. No member of the Commission shall receive any compensation for his services but shall be allowed his necessary expenses for travel, board and lodging incurred in the performance of his duties. No member of the Commission except the Judges shall hold any other public office or be eligible for appointment to a State judicial office so long as he is a member of the Commission. No member shall hold office in any political party or organization. No act of the Commission shall be valid unless concurred in by a majority of its members. The Commission shall select one of its members to serve as chairman. (b) Procedure and Grounds. A justice or judge of any court of this State, in accordance with the procedure prescribed in this Paragraph, may be removed or otherwise disciplined for willful misconduct in office or willful and persistent failure to perform his duties, or habitual intemperance; or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or he may be retired for disability seriously interfering with the performance of his duties, which is,

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or is likely to become, of a permanent character. The Commission may, after such investigation as it deems necessary, order a hearing to be held before it concerning the removal or retirement of a justice or a judge, or the Commission may in its discretion request the Supreme Court to appoint a special master to hear and take evidence in the matter and to report thereon to the Commission. If, after hearing, or after considering the record and report of the master, the Commission finds good cause therefor, it shall recommend to the Supreme Court the removal, other discipline, or retirement, as the case may be, of the justice or judge. The Supreme Court shall review the record of the proceedings on the law and facts, and in its discretion may permit the introduction of additional evidence and shall order removal, other discipline, or retirement, as it finds just and proper, or wholly reject the recommendation. Upon an order for retirement, the justice or judge shall thereby be retired with the same rights and privileges as if he retired pursuant to statute. Upon an order for removal, the justice or judge shall thereby be removed from office, and his compensation and allowances shall cease from the date of the order. The Supreme Court shall prescribe rules governing privilege, confidentiality, and practice and procedure in all proceedings brought hereunder. A justice or judge who is a member of the Commission or Supreme Court shall not participate in any proceedings involving his own removal, other discipline or retirement. SECTION XIV . VENUE Paragraph I. Divorce Case . Divorce cases shall be brought in the county where the defendant resides, if a resident of this State; if the defendant be not a resident of this State, then in the county in which the plaintiff resides, provided, that any person who has been a resident of any United States Army Post or military reservation

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within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or military reservation. Paragraph II. Land Titles . Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the Superior Court of either county shall have jurisdiction. Paragraph III. Equity Cases . Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed. Paragraph IV. Suits Against Joint Obligors, Co-partners, Etc . Suits against joint obligors, joint promissors, co-partners, or joint trespassers, residing in different counties, may be tried in either county. Paragraph V. Suits Against Maker, Endorser, Etc . Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides. Paragraph VI. All Other Cases . All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county. Paragraph VII. Power to Change Venue . The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been, or shall be, provided by law.

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SECTION XV . JURY TRIAL Paragraph I. Right of Trial By Jury . The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in the superior court. Paragraph II. Selection of Jurors . The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and upright men to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors. The General Assembly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe. Paragraph III. Compensation of Jurors . It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties in this State. SECTION XVI . WHAT COURTS MAY BE ABOLISHED Paragraph I. Power to Abolish Courts . All courts not specially mentioned by name in the first Section of this Article may be abolished in any county at the discretion of the General Assembly. Paragraph II. Supreme Court Cost; Pauper Oath . The cost in the Supreme Court and Court of Appeals shall be as provided by law. Plaintiffs in error shall not be required to pay costs in said courts when the usual pauper oath is filed in the court below.

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ARTICLE VII . TAXATION SECTION I . POWER OF TAXATION . Paragraph I. Taxation, a Sovereign Right . The right of taxation is a sovereign rightinalienable, indestructibleis the life of the State, and rightfully belongs to the people in all republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to affect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly. The power to tax corporations and corporate property, shall not be surrendered or suspended by any contract, or grant to which the State shall be a party. Paragraph II. Taxing Power Limited . The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth () mill on each dollar of the value of the property taxable in the State, provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock or banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof.

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Paragraph III. Uniformity; Classification of Property . All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods for different classes of such property. Notwithstanding anything to the contrary contained in this Paragraph, the General Assembly shall be authorized to enact legislation treating any and all motor vehicles, including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods of assessment dates for the taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles. The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes, of public utilities, but not a greater basis of value or at a higher rate of taxation than other properties. Paragraph IV. Exemptions From Taxation . The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial and all property owned by religious groups used only for residential purposes and from which no income is derived; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by

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such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have powers to exempt from taxation farm products, including baled cotton, grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production. The General Assembly is hereby authorized to provide by law that all personal clothing and effects, household furniture, furnishings, equipment, appliances and other personal property used within the home, if not held for sale, rental or other commercial use, shall be exempt from all ad valorem taxation. The General Assembly is further authorized to provide by law that all tools and implements of trade of manual laborers and domestic animals shall be exempt from State, county, municipal and school district

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ad valorem taxes, in an amount not to exceed $300.00 in actual value. The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, County and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities. There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary. The legislature may exempt from taxation intangible personal property owned by a trust forming a part of a pension, profit sharing or stock bonus plan if such trust is exempt from Federal income tax under Section 401(a) of the Federal Internal Revenue Code. Existing laws exempting such property from taxation are hereby ratified. Each disabled veteran, as hereinafter defined, who is a

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citizen and resident of Georgia, is hereby granted an exemption of $12,500.00 on his homestead, which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term disabled veteran, as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain

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subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974. The General Assembly shall have the authority to provide for the exemption from any and all taxation any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollution. The General Assembly is further authorized to provide for the manner in which such exemptions shall be granted and to prescribe the prerequisites which shall be required to be met before any such exemption shall be granted, including the designation of any appropriate State agency, or organization to which the General Assembly shall be authorized to delegate any and all powers

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necessary and appropriate to carry out the purposes and responsibilities of this paragraph. The exemptions granted to the homestead within this Paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que residing on such property shall claim the exemptions granted by this Paragraph in the manner herein provided. The General Assembly shall be authorized to exempt from ad valorem taxation property of nonprofit hospitals used in connection with their operation, provided that such hospitals have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations. Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption from all ad valorem taxes on the vehicle which he owns and on which he actually places the free HV vehicle license plates he receives from the State of Georgia, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The term disabled veteran, as used herein, means any veteran who was discharged under other than dishonorable conditions, and who served on active duty of the Armed Forces of the United States or on active duty in a reserve component of the United States including the National Guard, and who is receiving or who is entitled to receive a statutory award from the Veterans Administration for: (1) Loss or permanent loss of use of one or both feet;

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(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. The homestead of each resident of each independent school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of his city, or with a person designated by the governing authority of such city, giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the governing authority of such city, or the person designated by the governing authority of such city, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the city, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such

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exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972. The homestead of each resident of each county school district who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Receiver or Tax Commissioner of his county giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Receiver or Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Receiver or Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing in such property. Such exemptions shall also extend to those

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homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972. 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 this State for manufacturing or processing purposes, shall be exempt from all ad valorem taxation. All laws exempting property from taxation, other than the property herein enumerated, shall be void. Paragraph V. Revocation of Tax Exemptions . All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void. SECTION II PURPOSES AND METHOD OF TAXATION Paragraph I. Taxation, How and For What Purposes Exercised . The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only: 1. For the support of the State Government and the public institutions. 2. For educational purposes. 3. To pay the principal and the interest on the public debt, and to provide a sinking fund therefor.

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4. To suppress insurrection, to repeal invasion, and defend the State in time of war. 5. To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried. 6. To construct and maintain State buildings and a system of State highways, airports, and docks. 7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder: Provided no indebtedness against the State shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder for such purposes. 8. In order to extend to the employees of the State, any department of the State, any State institution or political subdivisions of the State, and to the dependents and survivors of such employees, the basic protection accorded others by the old age and survivors insurance program embodied under the Social Security Act. (Act of Congress approved August 14, 1935, 49 Stat. 620, officially cited as the Social Security Act, as such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act (as set forth in subchapter A of Chapter 9 of the Federal Internal Revenue Code, as such Code has been and may from time to time be amended), the General Assembly is authorized to enact such legislation as may be necessary to insure the coverage to employees of the State, any department of the State, any State institution or political subdivisions of the State, and the dependents and survivors of such employees under said Social Security Act as the same has

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been or may be amended and the Federal Insurance Contributions Act as the same has been or may be amended; and any provisions of this Constitution notwithstanding the State for and on behalf of itself, its departments, institutions or political subdivisions is hereby authorized to enter into agreements with the Federal Security Administrator or other appropriate official of the United States Government under the provisions of said Social Security Act as the same has been or may hereafter be amended in the manner as provided therein and as provided by the General Assembly. The Teacher Retirement System of Georgia and the Employees Retirement System of Georgia shall have the powers and duties as provided by law on November 4, 1952, together with such further powers and duties as may be now or hereafter provided by law. 9. To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia. 10. For public health purposes. 11. Public transportation of passengers for hire is an essential governmental function and a public purpose for which the power of taxation by the State may be exercised and its public funds expended, provided, however, that the State of Georgia shall not provide more than 10 per cent of the total cost, either directly or indirectly. The General Assembly is authorized to provide for the implementation of this provision including the granting of public funds to any public corporation or Authority established by the General Assembly for the performance of the aforesaid function and purpose, or contracting, through appropriate departments or instrumentalities of State government, with any such public corporation or Authority established by the General Assembly for performance of the aforesaid function and purpose. 12. For school lunch purposes. 13. To pay the salaries of personnel and to pay for the

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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. Paragraph II. Promotion of agricultural and other products; financing; disposition of funds . Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of any one or all of the agricultural products including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food, and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program including provisions for equality and/or product control may be instituted, continued or terminated by a specified vote of the producers of the product or products affected participating in a referendum submitting such proposal for their approval. The General Assembly may create instrumentalities, public corporations, authorities and commissions, to administer such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of the affected products, and to collect the same, after approval by a specified vote of the producers of the affected product in a referendum, and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The uniformity requirement

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of this Constitution shall be satisfied by the application of the program upon the affected products. Paragraph III. Revenue to Be Paid Into General Fund . All money collected from taxes, fees and assessments for State purposes, as authorized by revenue measures enacted by the General Assembly, shall be paid into the General Fund of the State Treasury and shall be appropriated therefrom, as required by this Constitution, for the purposes set out in this section and for these purposes only. Paragraph IV. Grants to Municipalities . Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the granting of State funds to the municipalities of Georgia, in such manner and form and under such procedure as the General Assembly may prescribe. The General Assembly is also authorized but not directed, to provide the purpose or purposes for which such funds may be expended by the municipalities. The General Assembly is hereby authorized to exercise the power of taxation over the entire State in order to carry out the provisions of this Paragraph. Paragraph V. Industrial Development Commission . The General Assembly shall have the power to create an Industrial Development Commission to make loans, to be secured by second mortgages, to such industrial development agencies as the Industrial Development Commission may select: Provided, that said agencies shall have raised sufficient capital and secured commitments for additional financing, which, in addition to the loan to be extended by said Commission, will adequately insure the completion of said project. The powers of taxation may be exercised through the General Assembly in order to implement and carry out the purposes for which said Commission is to be created.

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SECTION III . STATE DEBT Paragraph I. Purposes for Which Debt may be Incurred; Limitations . Any other provisions of this Constitution to the contrary notwithstanding, the State may incur public debt, as follows: (a) The State may incur public debt without limit to repel invasion, suppress insurrection and defend the State in time of war. (b) The State may incur public debt to supply such temporary deficit as may exist in the State Treasury in any fiscal year because of necessary delay in collecting the taxes of that year but the debt so incurred shall not exceed, in the aggregate, five percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which such debt is incurred, and any debt so incurred shall be repaid out of the taxes levied for the fiscal year in which the loan is made. Such debt shall be payable on or before the last day of the fiscal year in which it is incurred and no such debt may be incurred in any fiscal year under the provisions of this subparagraph (b) if there is then outstanding unpaid debt from any previous fiscal year which was incurred under the provisions of this subparagraph (b). (c) The State may incur public debt of two types for public purposes pursuant to this Paragraph: (1) general obligation debt and (2) guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities of the State, its agencies, departments, institutions, and those State Authorities which were created and activated prior to the Amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality

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of the State if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transportation facilities or systems or water or sewage treatment facilities or systems or to make or purchase, or land or deposit against the security of, loans to citizens of the State for educational purposes. No debt may be incurred under this subparagraph (c) at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the State under all contracts then in force to which the provisions of Article IX, Section VI, Paragraph I(a) of this Constitution are applicable, exceed fifteen percent of the total revenue receipts, less refunds of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; provided, however, no guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the State for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems, exceed one percent of the total revenue receipts less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; and provided, further, that the aggregate amount of guaranteed revenue debt incurred to make loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $18 million dollars, and the aggregate amount of guaranteed revenue debt incurred to purchase, or to lend or deposit against the security of, loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $72 million dollars. For the purpose of this Paragraph, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the State; provided, however, with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal

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to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date. General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and appropriating an amount at least sufficient to pay the highest annual debt service requirements for such issue. All such appropriations for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. The General Assembly shall raise by taxation each fiscal year, in addition to the sum necessary to make all payments required to be made under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI, Article IX of this Constitution, and to pay public expenses, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred hereunder. The General Assembly shall appropriate to a special trust fund to be designated State of Georgia General Obligation Debt Sinking Fund such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely for the retirement of general obligation debt payable therefrom. If the General Assembly shall fail to make any such appropriation or if for any reason the monies in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same become due, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall set apart from the first revenues thereafter received, applicable to the general fund of the State, such amounts as are necessary to cure any such deficiency and shall immediately deposit the same into the sinking fund; provided, however, the obligation to make such sinking

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fund deposits shall be subordinate to the obligation imposed upon the fiscal officers of the State pursuant to the provisions of the second paragraph of Paragraph I(a) of Section VI of Article IX of the Constitution. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by by law, may be required to set aside and apply such revenues as aforesaid at the suit of any holder of any general obligation debt incurred hereunder. The monies in the sinking fund shall be as fully invested as is practical, consistent with the requirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than twelve months from date of purchase. Guaranteed revenue debt may not be incurred until the General Assembly has enacted legislation authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be self-liquidating over the life of the issue (which determination shall be conclusive), specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue, which appropriation shall be paid upon the issuance of said obligations into a special trust fund to be designated State of Georgia Guaranteed Revenue Debt Common Reserve Fund to be held together with all other sums similarly appropriated as a common reserve for any payments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. All such appropriations for the benefit of guaranteed revenue debt shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the payment of

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the same into said common reserve fund which shall be held and administered by the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law. If any payments are required to be made from said fund to meet debt service requirements on guaranteed revenue obligations by virtue of an insufficiency of revenues, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall pay from said common reserve fund the amount necessary to cure such deficiency. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall then reimburse from said fund from the general funds of the State within ten days following the commencement of any fiscal year of the State for any amounts so paid; provided, however, the obligation to make any such reimbursements shall be subordinate to the obligation imposed upon the fiscal officers of the State pursuant to the second paragraph of Paragraph I(a) of Section VI, Article IX of this Constitution and shall also be subordinate to the obligation hereinabove imposed upon the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, to make sinking funds deposits for the benefit of general obligation debt. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, may be required to apply such funds as aforesaid at the suit of any holder of any such guaranteed revenue obligations. The amount to the credit of said common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of said fund. If at the end of any fiscal year of the State said fund is in excess of the required amount, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall transfer such excess to the general funds of the State free of said trust. The funds in the said common reserve shall be as fully invested as is practical, consistent with the requirements of guaranteeing the principal and interest payments on the revenue

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obligations guaranteed by the State. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than twelve months from date of purchase. The State, and all State institutions, departments and agencies of the State are prohibited from entering into any contract (except contracts pertaining to guaranteed revenue debt) with any public agency, public corporation, authority or similar entity if such contract is intended to constitute security for bonds or other obligations issued by any such public agency, public corporation or authority and, from and after September 1, 1974, in the event any contract between the State, or any State institution, department or agency of the State and any public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned as security for the repayment of bonds or other obligations, then and in either such event, the appropriation or expenditure of any funds of the State for the payment of obligations under any such contract shall likewise be prohibited; provided, however, all contracts entered into prior to September 1, 1974, shall continue to have the benefit of the protection afforded by the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of this Constitution as fully and completely as though Paragraphs I-V of this Section were not in effect and for as long as any such contract shall remain in force and effect. Furthermore, nothing in Paragraphs I-V of this Section is intended directly or by implication to have any effect upon any provision of any such contract establishing lien rights, priorities regarding revenues or otherwise providing protection to the holders of obligations secured by such contracts. (d) The State may incur general obligation debt or guaranteed revenue debt to fund or refund any such debt or to fund or refund any obligations issued upon the security

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of contracts to which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of this Constitution are applicable. The issuance of any such debt for the purposes of said funding or refunding shall be subject to the fifteen percent limitation in subparagraph (c) above to the same extent as debt incurred under said subparagraph; provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. In the event it is determined by the Georgia State Financing and Investment Commission that it is to the best interest of the State to fund or refund any such public debt or obligation, the same may be accomplished by resolution of the Georgia State Financing and Investment Commission without any action on the part of the General Assembly and any appropriation made or required to be made with respect to the debt being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection with such funding or refunding to the same extent and with the same effect as though the obligation to be issued had originally been authorized by action of the General Assembly as hereinabove set forth; provided, the debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly (except that general obligation debt may be incurred to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of this Constitution are applicable and the continuing appropriation required to be made under the said provisions of this Constitution shall immediately attach and inure to the benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder) and provided further, the term of the funding or refunding issue shall not extend beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such

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original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred. Paragraph II. Faith and Credit of State Pledged Debt may be Validated . The full faith, credit and taxing power of the State are hereby pledged to the payment of all public debt incurred under this Article and all such debt and the interest thereon shall be exempt from taxation. Such debt may be validated by judicial proceedings in the manner provided by the General Assembly and such validation shall be incontestable and conclusive. Paragraph III. Georgia State Financing and Investment Commission; Duties . There shall be a Georgia State Financing and Investment Commission. The Commission shall consist of the Governor, the President of the Senate, the Speaker of the House of Representatives, the State Auditor, the Attorney General, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, and the Commissioner of Agriculture. The Commission shall be responsible for the issuance of all public debt incurred hereunder and for the proper application of the proceeds of such debt to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such isuer. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purpose separately but the proceeds thereof must be allocated, disbursed and used solely in accordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The Commission shall be responsible for the investment of all proceeds to be administered by it. The General Assembly may provide that income earned on any such investments may be

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used to pay operating expenses of the Commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of this Constitution are applicable. The Commission shall be responsible for its own record keeping, reporting and related administrative and clerical functions. The Commission shall have such additional responsibilities, powers and duties as shall be provided by law. Paragraph IV. State Aid Forbidden . Except as herein provided, the credit of the State shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with any individual, company, association or corporation. Paragraph V. Construction . Paragraph I, II, III and IV are for the purpose of providing a new and more effective method of finaning the State's needs and their provisions and any law now or hereafter enacted by the General Assembly in furtherance thereof shall be liberally construed to effect such purpose. Insofar as any such provisions or any such law may be inconsistent with any other provisions of this Constitution or of any other law, the provisions of such Paragraphs and laws enacted in furtherance thereof shall be controlling; provided, however, the provisions of such Paragraphs shall not be so broadly construed as to cause the same to be unconstitutional and in connection with any such construction such Paragraphs shall be deemed to contain such implied limitations as shall be required to accomplish the foregoing. Paragraph VI. Assumption of Debts Forbidden . The State shall not assume the debt, nor any part thereof, of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the

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State to repel invasion, suppress insurrection or defend itself in time of war: Provided, however, that the amendment to the Constitution of 1877 proposed by the General Assembly and set forth in the published Acts of the General Assembly of the year 1931 at page 97, which amendment was ratified on November 8, 1932, and which amendment provided for the assumption by the State, of indebtedness of the several counties of the State, as well as that of the Coastal Highway District, and the assessments made against the counties of said district for the construction and paving of the public roads or highways, including bridges, of the State, under certain conditions and for the issuance of certificates of indebtedness for such indebtedness so assumed, is continued of full force and effect until such indebtedness assumed by the State is paid and such certificates of indebtedness retired. Paragraph VII. Profit on Public Money . The receiving, directly or indirectly, by any officer of State or county, or member or officer of the General Assembly of any interest, profits or perquisites, arising from the use or loan of public funds in his hands or moneys to be raised through his agency for the State or county purposes, shall be deemed a felony, and punishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office. Paragraph VIII. Certain Bonds Not to Be Paid . The General Assembly shall have no authority to appropriate money either directly or indirectly, to pay the whole, or any part, of the principal or interest of the bonds, or other obligations which have been pronounced illegal, null and void by the General Assembly and the Constitutional amendments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have authority to pay any of the obligations created by the State under laws passed during the War Between the States, nor any of the bonds, notes or obligations made and entered into during the existence of said war, the time for the payment of which was fixed after the ratification of a treaty of peace between the United

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States and the Confederate States; nor shall the General Assembly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a party to any suit in any court of this State, or of the United States instituted to test the validity of any such bonds, or obligations. Paragraph IX. Sale of State's Property to Pay Bonded Debt . The proceeds of the sale of the Western and Atlantic Railroad, and any other property owned by the State, whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever, so long as the State has any existing bonded debt; provided that the proceeds of the sale of the Western and Atlantic Railroad shall be applied to the payment of the bonds for which said railroad has been mortgaged, in preference to all other bonds. Paragraph X. State Sinking Fund . The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses, such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not been matured. The amount of such annual levy shall be determined after consideration of the amount then held in the sinking fund. The taxes levied for such purposes and the said sinking fund, shall be applied to no other purpose whatever. The funds in the said sinking fund may be invested in the bonds of the State, and also in bonds and securities issued by the Federal Government, and subsidiaries of the Federal Government, fully guaranteed by that government. If the said bonds are not available for purchase, the funds in the sinking fund may be loaned, with the approval of the Governor, when amply secured by bonds of the State or Federal Government, upon such conditions as may be provided by law.

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ARTICLE VIII . EDUCATION SECTION I . PUBLIC EDUCATION Paragraph I. System of Common Schools; Free Tuition . The provision of an adequate education for the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation. SECTION II . STATE BOARD OF EDUCATION Paragraph I. State Board of Education; Method of Appointment . There shall be a State Board of Education, composed of one member from each Congressional District in the State, who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments shall be for seven year terms from the expiration of the various term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors are appointed and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously

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for at least five years preceding their appointment. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now or hereafter be provided by law. SECTION III . STATE SCHOOL SUPERINTENDENT Paragraph I. State School Superintendent; Election, Term, Etc . There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which he shall have been appointed. SECTION IV . BOARD OF REGENTS Paragraph I. University System of Georgia; Board of Regents . There shall be a Board of Regents of the University System of Georgia, and the government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in said Board of Regents of the University System of Georgia. Said Board of Regents of the University System of Georgia shall consist of one member from each Congressional

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District in the State, and five additional members from the State-at-large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of the said Board. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board of Regents shall hold office until their successors are appointed. The said Board of Regents of the University System of Georgia shall have the powers and duties as provided by law existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now or hereafter be provided by law. SECTION V . LOCAL SCHOOL SYSTEMS Paragraph I. School Districts . Authority is granted to county and area boards of education to establish and maintain public schools within their limits. The General Assembly may, by special or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters

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voting in each of the school districts or school systems affected in a referendum held thereon in each school district or school system being consolidated or merged, provided 51% of the registered voters in each district or system concerned shall vote in such election and provided a majority of said voters voting shall vote in the affirmative. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or school systems or portions thereof incorporated therein shall stand abolished, and title to all school properties and assets therein shall vest in the area board ofeducation. Paragraph II. Boards of Education . Except as provided in Paragraph I of this section, each county, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a County Board of Education. (a) Except as may now or hereafter be provided by any local or special law adopted pursuant to the provisions of subparagraph (b) of this Paragraph or as provided in any local constitutional amendment applicable to any county school district, the Grand Jury of each county shall select five citizens of their respective counties, who shall constitute the County Board of Education. The members of any such County Board of Education in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments shall be for five-year terms from the expiration of the previous term. In case of a vacancy on any such County Board of Education by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the remaining members of such County Board of Education shall by secret ballot elect his successor, who shall hold office until the next Grand Jury convenes at which time said Grand Jury shall appoint the successor member of such County Board of Education for the unexpired term. The members of any such County Board of Education of any such county shall be selected from that portion of

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the county not embraced within the territory of an independent school district. (b) Notwithstanding provisions contained in subparagraph (a) of this Paragraph or in any local constitutional amendment applicable to any county school district, the number of members of a county board of education, their term of office, residence requirements, compensation, manner of election or appointment, and the method for filling vacancies occurring on said boards, may be changed by local or special law conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. Members of county boards of education shall have such powers and duties and such further qualifications as may be provided by law. (c) The number of members of an area board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law enacted pursuant to Paragraph I of this section. Subsequent to the creation of an area school district, the number and manner of election or appointment of members of the area board of education and method for filling vacancies occurring on said boards, and their terms of office and residence requirements may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Members of area boards of education shall have such powers, duties, and further qualifications as provided by law. (d) The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees. Paragraph III. Meetings of Boards of Education . All

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official meetings of County or Area Boards of Education shall be open to the public. Paragraph IV. Power of Boards to Contract With Each Other . Any two or more county boards of education, independent school systems, or area boards of education, or any combination thereof, may contract with each other for the case, education, and transportation of pupils and for such other activities as they may be authorized by law to perform. Paragraph V. School Superintendent . There shall be a school superintendent of each school district, who shall be the executive officer of the board of education. (a) Except as may now or hereafter be provided by any local or special law adopted pursuant to the provisions of subparagraph (b) of this Paragraph or as provided in any local constitutional amendment applicable to any county school superintendent, the county school superintendent shall be elected by the people and his term of office shall be for four years and run concurrently with other county officers. The qualifications and the salary of the County School Superintendent shall be fixed by law. (b) Notwithstanding provisions contained in subparagraph (a) of this Paragraph or in any local constitutional amendment applicable to any county school superintendent, the term of office of County school superintendents, their residence requirements and the method of their election or appointment may be changed by local or special laws conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. County school superintendents shall have such qualifications, powers, duties and compensation as may be provided by law. (c) The manner of election or appointment, the qualifications, term of office, residence requirements, powers, duties and compensation of any area school district superintendent shall be as provided by law enacted pursuant to Paragraph I of this section. Subsequent to the

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creation of an area school district, the manner of election or appointment of the area school superintendent, and his tenure, and residence requirements, may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Area school superintendents shall have such powers, duties, and further qualifications as provided by law. Paragraph VI. Independent Systems Continued; New Systems Prohibited . Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established. Paragraph VII. Certain Systems Protected . Public school system established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution. SECTION VI . GRANTS, BEQUESTS AND DONATIONS Paragraph I. Grants, Bequests and Donations Permitted . The State Board of Education and the Regents of the University System of Georgia may accept bequests, donations and grants of land, or other property for the use of their respective systems of education. Paragraph II. Grants, Bequests and Donations to County and Area Boards of Education and Independent School Systems . County and Area Boards of Education and independent school systems may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education.

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SECTION VII . LOCAL TAXATION FOR EDUCATION Paragraph I. Local Taxation for Education . The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar as certified to it by the county board of education, upon the assessed value of all taxable property within the county located outside any independent school system or area school district therein. The independent school system of Chatham County and the City of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by local law applicable thereto, and upon such certification being made it shall be the duty of such fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education, and activities necessary or incidental thereto, including school lunch purposes. The twenty mill limitation provided for herein shall not apply to those counties now authorized to levy a school tax in excess thereof. Paragraph II. Increasing or Removing Tax Rate . The twenty mill limitation provided in Paragraph I above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the judge of the probate court or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of receipt of

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the resolution to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county or counties once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising the area school district and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph I above. In lieu of recommending that the limitation be removed entirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the county or area board of education may recommend any number of mills up to the specified amount. It shall be the duty of the judge of the probate court or the proper authorities, as the case may be, to hold the election, to canvass the returns and declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be. SECTION VIII . FREEDOM OF ASSOCIATION Paragraph I. Freedom of Association . Freedom from compulsory association at all levels of public education shall be preserved inviolate. The General Assembly shall by taxation provide funds for an adequate education for the citizens of Georgia.

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SECTION IX . SPECIAL SCHOOLS Paragraph I. Special School; Creation; Taxes and Bonds . The board of education of any county, area school district or independent school system, or any combination thereof, may establish, pursuant to local law enacted by the General Assembly, one or more area schools, including special schools such as vocational trade schools, schools for exceptional children, and schools for adult education, in one or more such political subdivisions; provide, however, that the establishment and operation of such schools pursuant to such local law, and any subsequent amendments thereof, shall be first approved by a majority of the voters thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education participating in the establishment or operation of such schools and respecting such schools shall be defined in the local law authorizing the same, and such participating political subdivision shall be authorized to incur bonded indebtedness and to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such local law. Schools established pursuant to provisions of this section shall be operated in conformity with regulations promulgated by the State Board of Education pursuant to provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such schools in such amount and manner as may be provided by law. Special schools, including vocational trade schools, established prior to November 8, 1966, pursuant to the amendment to Article VII, Section VI, Paragraph I of the Constitution of 1945 proposed by a resolution approved March 17, 1960 (Ga. L. 1960, p. 1259) and ratified on November 8, 1960, shall not be affected by this Paragraph; any political subdivision which established such a school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such

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subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness for the support of, or acquisition and construction of facilities for such school. Any such bonded indebtedness shall be incurred pursuant to provisions of Article IX, section VII of this Constitution and the laws of this State relative to incurring other bonded indebtedness. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be provided by law. ARTICLE IX . COUNTIES AND MUNICIPAL CORPORATIONS SECTION I . COUNTIES Paragraph I. Counties a Corporate Body; Boundaries . Each county shall be a body corporate with such powers and limitations as are provided in this Constitution and as prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided. Paragraph II. Number Limited . There shall not be more than one hundred and fifty-nine counties in this State. Paragraph III. New Counties Permitted, When . No new county shall be created except by the consolidation or merger of existing counties. Paragraph IV. County Lines . County lines shall not be changed, unless under the operation of a general law for that purpose. Paragraph V. County Sites Changed; Method . No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at

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an election held for that purpose and by a majority vote of the General Assembly. Paragraph VI. County Government Uniform; Exceptions . Whatever tribunal, or officers, may be created by the General Assembly for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for County Commissioners in any county, may abolish the office of County Treasurer in any county, may fix the compensation of County Treasurers, and may consolidate the offices of Tax Receiver and Tax Collector into the office of Tax Commissioner, and may fix his compensation, without respect to uniformity. Paragraph VII. Power to Create County Commissioners . The General Assembly shall have power to provide for the creation of county commissioners in such counties as may require them, and to define their duties. Paragraph VIII. County Officers; Election; Term; Removal; Eligibility . The county officers shall be elected by the qualified voters of their respective counties or districts, and shall hold their office for four years. They shall be removed upon conviction for malpractice in office; and no person shall be eligible for any of the offices referred to in this Paragraph unless he shall have been a resident of the county for two years and is a qualified voter. Paragraph IX. Compensation of County Officers . County officers may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner as may be directed by law. Paragraph X. Method of County Consolidation, Merger, or Division . The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or

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the division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the Judge of the Probate Court of any county of a petition signed by not less than twenty per centum (20%) of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such Judge of the Probate Court to transmit a certified copy of such petition to each Judge of the Probate Court of all other counties affected thereby, and shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the Judge of the Probate Court of Judges of the Probate Courts of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum (20%) of the duly qualified voters voting therein, it shall thereupon be the duty of the Judges of the Probate Courts of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty (60) days, and not sooner than thirty (30) days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election shall be called by the Governor within any twelve-month period. The Judges of the Probate Courts of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and such results shall become effective at such time as may be prescribed by law, but not later than two (2) years following the date of such election, as hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless 51% of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly

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whose districts lie wholly or partially within such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be changed by law, without regard to the provisions of Paragraph V hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this Paragraph by law. SECTION II . COUNTY HOME RULE Paragraph I. Home Rule for Counties . (a) The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Section except as authorized under Subparagraph (c) hereof. (b) Except as provided in Subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth: 1. Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive

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meetings of the county governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. The Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. 2. Amendments to or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the Judge of the Probate Court of the county containing, in cases of counties with a population of five thousand or less, the signatures of at least twenty-five per centum of the electors registered to vote in the last general election; in cases of counties with a population of more than five thousand but not more than fifty thousand, at least twenty per centum of the electors registered to vote in the last general election; and in cases of a county with a population of more than fifty thousand, at least ten per centum of the electors registered to vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The Judge of the Probate Court shall determine the validity of such petition within 60 days of its being filed with the Judge of the Probate Court. In the event the Judge of the Probate Court determines

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that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than sixty days after the date of the filing of the petition. He shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The Judge of the Probate Court shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the Judge of the Probate Court of the county for the purpose of examination and inspection by the public. The Judge of the Probate Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the county and it shall be the duty of the Judge of the Probate Court to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Judge of the Probate Court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of Paragraph III of this Section. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. In the event that the Judge of the Probate Court determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid: Provided, however, that in any proceeding in which the validity of the petition is at

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issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid. (c) The power granted to counties in Subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution: 1. Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority. 2. Action affecting the composition, form, procedure for election or appointment, compensation and expenses and allowances in the nature of compensation, of the county governing authority. 3. Action defining any criminal offense or providing for criminal punishment. 4. Action adopting any form of taxation beyond that authorized by law or by this Constitution. 5. Action extending the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution. 6. Action affecting the exercise of the power of eminent domain. 7. Action affecting any court or the personnel thereof. 8. Action affecting any public school system.

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(d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power. (e) Nothing in this Paragraph shall affect the provisions of Paragraph II of this Section. Paragraph II. Salary of County Employees; How Fixed . The governing authority of each county is authorized to fix the salary, compensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees. Paragraph III. Filing and Publication of Laws . No amendment or revision of any local act made pursuant to Paragraph I of this Section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually. SECTION III . MUNICIPAL CORPORATIONS Paragraph I. General Assembly Authorized to Delegate its Powers . The General Assembly is authorized to provide by law for the self-government of municipalities and to that end is hereby expressly given the authority to delegate its powers so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly. Any powers granted as provided herein shall be exercised subject only to

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statutes of general application pertaining to municipalities. SECTION IV . GENERAL PROVISIONS APPLICABLE TO LOCAL GOVERNMENTS Paragraph I. Consolidation of Governments; Submission to Voters . The General Assembly may provide by general law optional systems of consolidated county and municipal government, providing for the organization and the powers and duties of its officers. Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting. Paragraph II. Supplementary Powers . In addition to and supplementary of any powers now conferred upon and possessed by any county, municipality, or any combination thereof, any county, any municipality and any combination of any such political subdivisions may exercise the following powers and provide the following services; (1) Police and fire protection. (2) Garbage and solid waste collection and disposal. (3) Public health facilities and services; including hospitals, ambulance, emergency rescue services, and animal control. (4) Street and road construction and maintenance; including curbs, sidewalks, street lights and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof. (5) Parks, recreational areas, programs and facilities. (6) Storm water and sewage collection and disposal systems.

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(7) Development, storage, treatment and purification and distribution of water. (8) Public housing. (9) Urban redevelopment programs. (10) Public transportation system. (11) Libraries. (12) Terminal and dock facilities and parking facilities. (13) Building, housing, plumbing, and electrical codes. (14) Air Pollution Control. (15) Planning and zoning, which is the power to provide within their respective jurisdictions for the zoning or districting of such political subdivisions for various uses and other or different uses prohibited in such zones or districts; to regulate the use for which said zones or districts may be set apart; and to regulate the plans for development and improvements on real estate therein. Except as otherwise provided in this paragraph as to planning and zoning, nothing contained within this Paragraph shall operate to prohibit the General Assembly from enacting general laws relative to the above subject matters or to prohibit the General Assembly by general law from regulating, restricting or limiting the exercise of the above powers, but, the General Assembly shall not have the authority to withdraw any such powers. The General Assembly shall act upon the above subject matters only by general law. If population is used as a basis for classification for the applicability of any Act to any political subdivision or subdivisions of this State on the above subject matters, the Act shall apply only to political subdivisions of less than a specified population or shall apply to political subdivisions of more than a specified population. The General Assembly shall not, in any manner, regulate, restrict or limit the power and authority

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of any county, municipality, or any combination thereof, to plan and zone as herein defined. Provided, however, that no City or County may exercise any such powers or provide any such service herein listed inside the boundaries of any other local governments except by contract with the City or County affected unless otherwise provided by any local or special law and no existing local or special laws or provision of this Constitution is intended to be hereby repealed. Each county and municipality, and any combination thereof, shall have the authority to enact ordinances and to contract with each other in pursuance of this Paragraph and for the purpose of carrying out and effectuating the powers herein conferred upon such political subdivisions and in order to provide such services. Any county, municipality, and any combination thereof, or the General Assembly, may provide for the creation of special districts within which the above services, or any portion thereof, shall be provided, and to determine and fix reasonable charges and fees for such services. In addition, the powers of taxation and assessment may be exercised by any county, municipality or any combination thereof, or within any such district, for the above powers and in order to provide such services. Paragraph III. Taxing Power and Contributions of Counties, Cities and Political Division Restricted . The General Assembly shall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or individaul except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits. Paragraph IV. Slum Clearance and Redevelopment . The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established,

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or any county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. SECTION V . COUNTY GOVERNMENT; TAXATION POWER Paragraph I. Power of County Government . The General Assembly may authorize any county to exercise the power of taxation for any public purpose as authorized by general law or by this Constitution, and unless otherwise provided by this Constitution or by law, no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution. Paragraph II. Purposes of Taxation . In addition such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation for the following purposes which are hereby declared to be public purposes, and expend funds raised by the exercise of said powers for said purposes and such other public purposes as may be authorized by the General Assembly: 1. Pay the expenses of administration of the county government. 2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports,

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docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing. 3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling of litigation affecting the county. 4. Establish and conduct public health and sanitation programs and provide for the collection and preservation of records and vital statistics. 5. Establish and maintain a county police department. 6. Provide medical or other care and hospitalization for the indigent sick and to support paupers. 7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents. 8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law. 9. Provide fire protection for forest lands and conserve natural resources. 10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors: Provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds. 11. Establish and maintain a recreation system. 12. To provide for paying the principal and interest

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of any debt of the county and to provide a sinking fund therefor. 13. To provide for reasonable reserves for public improvements as may be fixed by law. 14. To provide for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, including school lunches, as provided in Article VIII of this Constitution, upon the assessed value of all taxable property within the county, exclusive of any independent school system therein. The grant of powers to counties contained in this Paragraph and in Paragraph IV of this Section shall not operate to prohibit the General Assembly from enacting general laws relative to the above subject matters or to prohibit the General Assembly by general law from regulating, restricting or limiting the exercise of such powers, except that the authority of the General Assembly provided herein shall not be construed to authorize the General Assembly to affect or modify the authority and duty of the governing authorities of counties to levy the tax provided for by subparagraph 14 above. The General Assembly shall act upon the above subject matters only by general law. The General Assembly shall not have the authority to withdraw any such powers. If population is used as a basis for classification for the applicability of any Act to any political subdivision or subdivisions of this State on the above subject matters, the Act shall apply only to political subdivisions of less than a specified population or shall apply to political subdivisions of more than a specified population. Paragraph III. Establishment of Taxing Districts . Except as provided in Paragraph II of Section IV herein or under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas, or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts

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therefor, and authorizing such county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law. Paragraph IV. Eminent Domain . Any county is hereby authorized to exercise the power of eminent domain for any public purpose. SECTION VI . CONTRACTS Paragraph I. Contracts For Use of Public Facilities . (a) The State, State institutions, any city, town municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, State institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake. Notwithstanding any other provision of any other section of any other Article of this Constitution, the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department, agency, or institution of the State, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year under lease contracts now entered into pursuant to this Paragraph I(a) by and between such department, agency, or institution of the State and any state authority which was created and activated on or before November 8, 1960, which said lease contracts constitute security for bonds or any other obligations heretofore issued by any such authority. In the event for any reason any such

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appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under any such lease contract. The amount of the appropriation in each fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable to each such department, agency, or institution of the State in each fiscal year to be expended for the purpose of paying the lease contract obligation required under the terms and conditions of such lease contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act. (b) Any city, town, municipality or county of this State is empowered, in connection with any contracts authorized, by the preceding paragraph, to convey to any public agency, public corporation or authority now or hereafter created, existing facilities operated by such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are to be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this Section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority. (c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public

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agency, public corporation or authority, and provide for the payment of such services and the cost to such public agency, public corporations or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources. Paragraph II. Liability Insurance . The governing authority of each county is hereby authorized in its discretion to purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a result of a governmental undertaking or not, and to pay premiums therefor. The governing authority is hereby authorized to levy a tax for such purpose. In the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity as a defense and may make only such defense as could be made if the insured were a private person. The county shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in the trial of any action brought against the county to suggest the existence of any insurance which covers in whole or in part, any judgment or award which may be rendered in favor of the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy. SECTION VII . LIMITATION ON COUNTY AND MUNICIPAL DEBTS Paragraph I. Debts of Counties and Cities . The debt hereafter incurred by any county, municipal corporation or political subdivision of this State except as in this Constitution provided for, shall never exceed ten per

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centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political subdivisions of this State to pass upon the issuance, of bonds by such counties, municipal corporations and other political subdivisions of this State are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political subdivisions made prior to January 1, 1945, shall not be affected hereby; provided, that any county or municipality of this State may accept and use funds granted by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years. Every county is hereby empowered to create debt, by way of borrowing from private individuals, firms, corporations, or partnerships as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization programs for ad valorem tax purposes; to contract for the repayment thereof and to issue notes or other like instruments as evidence of the obligation to repay the debt so contracted without being subject to any limit as to amount of such debt so created and without the necessity of approval thereof by the

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qualified voters of that county; provided nevertheless that the debt shall be payable in one or more equal installments, one of which shall fall due at least each year, but which may fall due each month, the last of which shall mature not more than seven years from the date of creation and shall not bear interest in excess of five (5%) per cent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such Rules and Regulations pertaining to such programs as may be promulgated by the Commissioner. All existing local constitutional amendments adopted prior to November 5, 1974, relating to maximum bond debt limitation shall continue to be of full force and effect and shall not be affected by this Paragraph. Paragraph II. Levy of Taxes to Pay Bonds . Any county, municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt, within thirty years from the date of the incurring of said indebtedness. Paragraph III. Additional Debt Authorized, When . In addition to the debt authorized in Paragraph I of this section, to be created by any county, municipal corporation or political subdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this State, in excess of seven per centum of the assessed value of all the taxable property therein,

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upon the following conditions: Such additional debt, whether incurred at one or more times, shall not exceed in the aggregate, three per centum of the assessed value of all the taxable property in such county, municipality, or political subdivision; such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidences of such debt; there shall be levied by the governing authorities of such county, municipality or political subdivision prior to the issuance of such additional debt, a tax upon all of the taxable property within such county, municipality or political subdivision collectible annually, sufficient to pay in full the principal and interest of such additional debt when as due; such tax shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized by the General Assembly; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision at an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness. Paragraph IV. Temporary Loans Authorized; Conditions . In addition to the obligations hereinbefore allowed, each county, municipality, political subdivision of the State authorized to levy taxes, and county board of education, is given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions:

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The aggregate amount of all such loans of such county, municipality, political subdivision or county Board of Education outstanding at any one time shall not exceed 75% of the total gross income of such county, municipality, political subdivision or county Board of Education, from taxes collected by such county, municipality, political subdivision or county Board of Education in the last preceding year. Such loans shall be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this Paragraph when there is a loan then unpaid which was made in a prior year under the provisions of this Paragraph. Each such loan shall be first authorized by resolution fixing the terms of such loan adopted by a majority vote of the governing body of such county, city, political subdivision or county Board of Education, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipality, subdivision or county Board of Education shall incur in any one calendar year, an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue of such county, municipality, subdivision, or county Board of Education for such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year. SECTION VIII . REVENUE OBLIGATIONS Paragraph I. Revenue Anticipation Obligations . Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31, 1937, known as The Revenue Certificate Laws of 1937, as amended by the Act approved March 14, 1939, to construct and operate, or to provide

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funds to extend, repair or improve any such existing facility, and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions, and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, and provided further that a majority of the registered voters of such county, municipal corporation or political subdivision affected shall vote in said election, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof. Provided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the proceeds of

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said revenue certificates, and extend their services beyond the limits of the county in which the municipality or political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities. The General Assembly is authorized to create an instrumentality and department of the State of Georgia to be known as the Brunswick Ports Authority, and to provide for its powers and functions. Act number 314 of the Acts of the General Assembly of 1945 (Ga. L. 1945, p. 1023) as amended by House Bill number 1053 of the General Assembly of 1958 (Ga. L. 1958, p. 82) is hereby ratified and confirmed, so that the said Acts shall have the same force and effect as if they had been enacted subsequent to the amendment adopted November 8, 1960, to Article VII, Section VII, Paragraph V of the Constitution of 1945; provided, however, that nothing herein shall prevent the General Assembly from amending said Acts, so as to add and enlarge powers of the Authority. Paragraph II. Revenue Obligations Authorized . The development of trade, commerce, industry and employment opportunities is hereby declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create Development Authorities to promote and further such purposes or may authorize the creation of such an Authority by any county or municipal corporation or combinations thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation Development Authority obligations, properties, activities or income and may authorize the issuance of Revenue Obligations by such Authorities which shall not constitute an indebtedness of the State within the meaning of Section VII of this Article. The General Assembly may provide for the validation of any Revenue Obligations authorized, and that such validation shall thereafter be incontestable and conclusive.

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Paragraph III. Refunding Bonds . The General Assembly is hereby authorized to create a commission and to vest such commission with the power to secure all necessary information and to approve or disapprove the issuance of bonds for the purpose of refunding any bonded indebtedness of any county, municipality or political subdivision of this State issued prior to the adoption of the Constitution of 1945, including the authority to approve or disapprove the amount and terms of such refunding bonds, together with such other powers as to the General Assembly may seem proper, but not in conflict with the provisions of the Constitution. Such refunding bonds shall be authorized only where such county, municipality or political subdivision has not the funds available to meet the payment of outstanding bonded indebtedsess through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds. The General Assembly may approve the issuance of the said refunding bonds under the conditions stated. Such refunding bonds shall not, together with all other outstanding bonded indebtedness, exceed the limits fixed by this Constitution for the maximum amount of bonded indebtedness which may be issued by such county, municipality, or political subdivision and shall be otherwise governed by all of the terms and provisions of this Constitution. No bonds shall be issued under this paragraph to refund any bonds issued after the adoption of the Constitution of 1945. Paragraph IV. Refunding Bonds to Reduce Bonded Indebtedness . The General Assembly is further authorized to the said Commission the power and authority to approve or disapprove the issuance of bonds to refund any outstanding bonded indebtedness of any county, municipality or political subdivision now or hereafter issued, for the purpose of reducing the amount payable, principal or interest, on such bonded indebtedness, and upon the condition that, the issuance of such refunding bonds will reduce the amounts payable upon such outstanding bonds, principal or interest. Such refunding bonds shall replace such outstanding bonded indebtedness. The said Commission

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shall have the authority to approve or disapprove the terms of any such proposed refunding bonds. The General Assembly may authorize the issuance of such refunding bonds issued for the said purpose, when approved by the said Commission and authorized by the governing authority of such county, municipality or subdivision, without an election by the qualified voters as otherwise required, but in all other respects such refunding bonds shall comply with the provisions of this Constitution. Paragraph V. 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 that 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, and in 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 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 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.

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ARTICLE X . RETIREMENT SYSTEMS AND EDUCATIONAL SCHOLARSHIPS SECTION I . RETIREMENT SYSTEMS Paragraph I. Teacher Retirement SystemTaxation For . The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder. Paragraph II. Retirement System for Employees . The General Assembly is authorized to establish an actuarially sound retirement system for employees under a merit system. Paragraph III. Public School Employees Retirement System . The General Assembly is hereby authorized to provide by law for the creation of an actuarially sound, participating retirement system for all employees of public schools who are not covered by the Teachers' Retirement System including, but not limited to, school bus drivers, school lunch-room personnel, school maintenance personnel and school custodial personnel. The General Assembly is further authorized to provide in said Act creating such retirement system, or in any amendatory Acts thereto, for the expenditure of State funds and the funds of county and independent boards of education in support of said retirement system, in such manner as the General Assembly shall determine. Paragraph IV. Firemen's Pension System . The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for

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the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes herein authorized. Paragraph V. Increased Retirement Benefits Authorized . (a) Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system, which such system was created by law and such law provided that such system be funded wholly or partly from fines and forfeitures. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the system who have not retired, nor shall any such formerly retired person receive any increased benefits unless all formerly retired persons entitled to receive such increased benefits participate pro rata therein. (b) Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or pension benefits of retired public schoolteachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education. The General Assembly shall be authorized to expend State funds for such purposes in such manner and pursuant to such terms and conditions as the General Assembly may provide by law. (c) Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity

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and benefit fund, pension system or any similar system heretofore or hereafter created by law to which the General Assembly appropriates funds. The General Assembly shall be authorized to appropriate funds for the purpose of increasing the retirement or pension benefits of such retired persons. SECTION II . EDUCATIONAL SCHOLARSHIPS, LOANS . AND GRANTS Paragraph I. Authorization . Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a program or programs of loans, scholarships and grants, and the insuring of loans and payment of interest on loans to citizens of this State for educational purposes. The General Assembly is authorized to provide for all matters relative to such programs. Taxes may be levied and public funds expended for such purposes. Paragraph II. Grants for Education . Notwithstanding any other provision of this Constitution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State for educational purposes, in discharge of all obligation of the State to provide adequate education for its citizens. Paragraph III. State Medical Education Board . There is hereby created a board to be known as the State Medical Education Board to consist of five members, one of whom shall be the President of the Medical Association of Georgia, one of whom shall be the immediate past President of the Medical Association of Georgia, and three members to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the board in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter the Governor shall appoint three members for a term of four years, and shall appoint the President and

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the immediate past President of the Medical Association of Georgia pursuant to their position and office in those respective capacities. Vacancies shall be filled by appointment by the Governor for the unexpired term. The members of the Board shall receive such compensation and allowances as provided by law for attending meetings of the board or in traveling elsewhere in the discharge of their duties requiring their absence from their respective places of abode, same to be paid upon the approval of the Chairman or Vice-Chairman of the Board, out of any funds made available to said Board. The secretary of the Board shall be whosoever is serving as the secretary of the Board of Regents, who shall keep the records and minutes of the proceedings of the Board and who shall also keep the books, records and accounts of the Board, and whose compensation as secretary of this Board shall be fixed by the Board. The secretary shall prepare and countersign all checks, vouchers and warrants drawn upon the funds of the Board, and the same shall be signed by the Chairman of the Board. The secretary shall also be the treasurer of the Board and shall keep an account for all the funds of the Board, and shall execute and file with the Board a surety bond in the sum of $10,000.00, payable to the State of Georgia, and conditioned upon the faithful performance of his duties and that he shall properly account for all funds coming into his hands as such secretary, the premium on such bond to be paid out of the funds of the Board. The board may employ clerical assistance as is required and needed. The board shall elect a chairman and also a vice-chairman to serve in the absence or inability of the chairman. The board shall maintain an office at the Medical College of Georgia, and shall meet at the said office or elsewhere at least once each quarter at such time as may be fixed by the board. Special meetings shall be held upon call of the chairman. Three members of the board shall constitute

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a quorum for the transaction of business, and the board shall keep full, complete and permanent minutes and records of all its proceedings and actions. It shall be the duty of the board to receive and pass upon, allow or disallow all applications for loans or scholarships made by students who are bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who are acceptable for enrollment in a qualified four-year medical school. The purpose of such loans shall be to enable such applicants to obtain a standard four-year medical education which will qualify them to become licensed, practicing physicians within the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character and qualifications of each applicant and determine his fitness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination to each applicant which it deems proper, and the said board may prescribe such rules and regulations as it deems necessary and proper to carry out the purpose and intention of this Paragraph. The investigation of the applicant shall include an investigation of the ability of the applicant, or of the parents of such applicant, to pay his own tuition at such a medical school and the board in granting such loans and scholarships shall give preference to qualified applicants who, or whose parents, are unable to pay the applicant's tuition at such a medical school. The said board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same, a loan or scholarship for the purpose of acquiring a medical education as herein provided for, upon such terms and conditions to be imposed by the board as provided for in this Paragraph. Applicants who are granted loans or scholarships by the Board shall receive a loan or scholarship not to exceed $10,000.00 to any one applicant to be paid at such time and in such manner as may be determined by the Board

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with which to defray the tuition and other expenses of any such applicant in any responsible, accepted and accredited four-year medical college or school in the United States. The loans and scholarship herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical college or school to which any applicant is admitted and such funds as are required by that college or school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the Board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with 4% interest from the date of each payment by the State on such loan or scholarship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the board. One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 10,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Human Resources or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no anual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Human Resources or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have

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received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received. After the third full year of practice or services within this State as herein provided, but not before, the said applicant shall be privileged, entirely at the discretion of the Board, to pay off the balance of the scholarship or loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship. Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia, agreeing to the terms and conditions upon which the loan or scholarship shall be granted to him, which said contract shall include such terms and provisions as will carry out the full purpose and intent of this Paragraph, and the form thereof shall be prepared and approved by the Attorney-General of this State, and shall be signed by the chairman of the board, countersigned by the secretary and shall be signed by the applicant. For the purposes of this Paragraph the disabilities of minority of all applicants granted loans or scholarships hereunder shall be and the same are hereby removed and the said applicants are declared to be of full lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by an applicant is hereby declared to be a valid and binding contract the same as though the said applicant were of the full age of 18 years and upward. The board is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the board on any such contract. It shall be the duty of the board to contract and make inquiry of such of the four-year medical colleges and schools as herein provided as it deems proper, and make such arrangements and enter into such contracts, within the limitations as to cost as herein provided, for the admission of students granted loans or scholarships by the board, such contracts to be approved by the Attorney-General of this State, and the money obligations of such contract as made by the board with any such colleges shall

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be paid for out of funds to be provided by law for such purposes, and all students granted loans or scholarships shall attend a medical school with which the board has entered into a contract, or any accredited four-year medical school or college in which said applicant may obtain admission, and which is approved by the board. The board shall have authority to cancel any contract made between it and any applicant for loans or scholarships upon cause deemed sufficient by the board. And the board shall have authority to cancel such contracts which it may lawfully cancel made with any of the colleges or schools as herein provided. All payments of funds for loans or scholarships hereunder shall be made by requisition of the board signed by the chairman and the secretary directed to the auditor of public accounts, who shall thereupon issue a warrant on the treasury of the State of Georgia for the amount fixed in the requisition and payable to the person designated thereon, which said warrant upon presentation shall be paid by the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, out of any funds appropriated by the legislature for the purposes provided for under this Paragraph. All funds made available to the board by Act of the legislature for the purpose of defraying expenses of the board and the salaries of its secretary and employees shall be paid over and received by the treasurer of this board and by him deposited in some solvent bank within the State of Georgia, selected by the board, and such funds may be drawn and expended by check or warrant signed by the chairman and attested by the secretary. The board shall make a biennial report to the legislature of its activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, the location of the applicants who have received their education and become licensed

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physicians and surgeons within this State as a result of the said loans and/or scholarships, and where they are practicing, and shall make a full report of all its expenditures for salaries and expenses incurred hereunder. It is the purpose and intent of this Paragraph to bring about an adequate supply of doctors of medicine in the more sparsely populated areas of the State of Georgia by increasing the number of medical students from Georgia in the various medical schools, and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia. Paragraph IV. State Dental Education Board . There shall be a State Dental Education Board of Georgia, which is authorized to grant loans or scholarships to students who are citizens and residents of the State of Georgia, and who desire to become dentists. The appointment of members of said State Dental Education Board of Georgia, their qualifications, terms of office, powers, duties, functions and authority; and the provision of funds to carry out the purposes provided for herein shall be as enacted and appropriated by the General Assembly of the State of Georgia. Paragraph V. State Scholarship Commission . The General Assembly is hereby authorized to provide by law a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the para-medical, professional or educational fields. The General Assembly is hereby authorized to provide for the duties, powers, authority, jurisdiction and composition of any such commission and is authorized to provide for all other matters relative to the purposes provided for herein. Paragraph VI. Mental Health Scholarships . The Commissioner of Human Resources, with the approval of the Board of Human Resources, is hereby authorized to extend

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scholarships to physicians and other personnel to take post graduate courses in the various schools and clinics in the United States so as to enable them to be better qualified in the diagnosis, care and treatment of mental illness. As a prerequisite to the grant of such scholarship, the recipient thereof must agree to actively engage in the practice of his profession in a hospital operated by the State of Georgia, under the supervision of the State of Georgia, or at some place approved by the authority granting the scholarship, on the basis of one year of service for each year of training received. The remedies for the enforcing of service required shall be the same as provided for medical grants and scholarships and such other remedies as may be provided by law. Paragraph VII. Board of Regents Scholarships . The Board of Regents of the University System of Georgia shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships as are necessary for them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the Board of Regents but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through the scholarships for a period of one year for each $1,000 received. The General Assembly shall appropriate such funds to the Board of Regents of the University System of Georgia as it sees fit in order to carry out the purposes of this provision. It shall be the duty of the Board of Regents to receive and pass upon, allow or disallow, all applications for scholarships; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to

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manage, operate, and control all funds appropriated for this purpose. Paragraph VIII. Scholarships for Prospective Teachers . The State Board of Education shall have the authority to grant to citizens who are interested in becoming teachers and who are bona fide residents of the State of Georgia such scholarships as are necessary for them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000 received, and include the further provision that any person using any such scholarship shall teach in the public schools of Georgia for at least three years in any event. The General Assembly shall have the authority to appropriate such funds to the State Board of Education as it deems wise and proper to carry out the purposes of this provision. It shall be the duty of the State Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers, to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose. Paragraph IX. State Participation in Federal Education Programs . The General Assembly is hereby authorized to appropriate funds to any State department or other State agency for the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and all such State departments and other State agencies shall be authorized to use the funds so appropriated and the funds received from the Federal Government for the

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purposes authorized and directed by the Federal Government in making such funds available. Paragraph X. Scholarships Financed from State Agency Funds . State departments and agencies of the State government of Georgia shall have the authority to disburse State funds to match federal funds in order to provide qualified employees with educational scholarships and for use in other federal education programs but shall include the condition that personnel to whom the scholarships are extended must, as a prerequisite thereto agree to work for the department or agency granting the scholarships for at least one year for each year spent in study or refund the money received for such scholarships pro rata. The terms and conditions thereof shall be prescribed and regulated by the various departments and agencies granting the scholarships. Provided further that no additional appropriation shall be made by the General Assembly to finance such scholarships, but the same shall be financed from the regular appropriations to the various State departments and State agencies. It shall be the duty of the various State departments and State agencies to receive and pass upon, allow or disallow all applications for scholarships in accordance with rules and regulations prescribed by them; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and to control all funds used for this purpose. Paragraph XI. Scholarships to Children of Law Enforcement Officers, Firemen, Etc . The General Assembly is hereby authorized to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the 12th grade, or to enable such children to attend a vocational-technical school. The General Assembly shall be further authorized to provide by law for the terms and conditions for granting such scholarships or other assistance and shall provide that the program established in

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pursuance of this Paragraph shall be administered by the State Scholarship Commission or the Higher Education Assistance Corporation, as the General Assembly shall determine. The General Assembly is hereby further authorized to appropriate any funds it deems necessary for the purpose of carrying out the provisions of this Paragraph. The General Assembly is hereby authorized and empowered to appropriate any amount of funds it deems necessary for the purposes of implementing any Act which becomes law as authorized by this Paragraph. Paragraph XII. Vocational Rehabilitation Grants . Notwithstanding any other provisions of this Constitution, whenever the State Board of Vocational Education may be entitled to receive Federal funds made available under the Vocational Rehabilitation Act, 29 United States Code, Chapter 4, or any amendment thereto, said Board shall be authorized to receive and administer such funds in accordance with the terms of the grant, and where the grant so provides, may disburse said funds to non-profit corporations or associations which are engaged solely in the vocational rehabilitation of disabled persons provided, however, that nothing in this Paragraph shall be construed to authorize the expenditure of any State funds until the same shall have been appropriated by the General Assembly. Paragraph XIII. Tuition Grants to Children of Certain Prisoners of War . The General Assembly is hereby authorized to provide by law for tuition grants to qualified students, who are children of certain United States servicemen as hereinafter provided, to enable them to complete programs of study offered in the educational institutions of this State. The tuition grants shall apply to children of servicemen who were bona fide residents of this State at the time of their entry into the Armed Forces and who are certified by the United States Department of Defense or the United States Veterans Administration as missing in action for more than 90 days or captured in line

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of duty by a hostile force or forcibly detained or interned in line of duty by a foreign power since 26 March 1964; provided, however, that this shall not include any serviceman who is not in fact missing in action, but is missing because of unlawful actions on his part. The provisions of this Paragraph shall not apply to children born to any serviceman after his missing in action status is clarified or after his release from prison. The provisions of this Paragraph shall not apply to children of any servicemen who were discharged under other than honorable conditions. The provisions of this Paragraph shall not apply to the children of any servicemen who are eligible for federal benefits under the provisions of Chapter 31, Title 38, U. S. Code Annotated (Veterans Vocational Rehabilitation); Chapter 34, Title 38, U. S. Code Annotated (Veterans Education Assistance); or Chapter 35, Title 38, U. S. Code Annotated (Veterans War Orphans Educational Assistance Act). The recipients of such tuition grants must attend institutions within the University System of Georgia of vocational training institutions administered by the State Board of Education. The educational assistance to children of servicemen under the provisions of this Paragraph shall cover a period not in excess of 36 months (or the equivalent thereof in part-time training). The educational assistance to children of servicemen under the provisions of this Paragraph shall begin on the eighteenth birthday of such children or the successful completion of secondary schooling, whichever occurs first, and end on their twenty-sixth birthday. The term child or children shall include individuals who are married. The Georgia State Scholarship Commission and the State Board of Education are hereby charged with the administration of this Paragraph and may promulgate necessary rules, regulations and procedures to carry out the purposes of this Paragraph. The General Assembly shall appropriate the necessary funds for said tuition grants.

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Paragraph XIV. Direct Loans for Students . (a) The General Assembly is hereby authorized to provide by law for a program of guaranteed student loans and for the payment of interest on such loans, which loans shall be used for the purpose of acquiring an education beyond the twelfth (12th) grade. The General Assembly is authorized to create an authority, a corporation or other entity for the purpose of administering any such law. Such law shall provide the agencies which may participate in any such loan program which may include commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems. Such law shall provide a maximum rate of interest which may be charged for such loans and shall provide a portion of such interest which will be paid by the State. State funds may be expended for such purposes and the General Assembly is hereby authorized to appropriate money therefor. The General Assembly is also authorized to provide that contributions for the purposes provided herein shall be deductible for State income tax purposes. The General Assembly is also authorized to provide for such tax exemptions as shall be deemed advisable in connection with such program. The General Assembly is hereby authorized to provide for all other matters relative to the purposes provided for herein. (b) The General Assembly is hereby authorized to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the 12th grade. The amount of such revenue bonds that may be outstanding at any one time, the interest rates, terms and conditions associated with the issuance of such bonds and all other matters relating to the issuance of such bonds shall be as the General Assembly shall provide by law. Such bonds shall be retired by the proceeds derived from the repayment of such student loans plus the interest, which may be such rate or rates as the General Assembly shall determine, on such loans in such manner and under such terms and conditions as the General Assembly shall

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determine. To the extent necessary to secure the issuance and sale of such bonds, such bonds may be retired from State funds in such manner as the General Assembly shall determine, any other provisions of this Constitution to the contrary notwithstanding. Paragraph XV. Grants and Scholarships to College Students . The General Assembly is authorized to provide by law for grants or scholarships to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia. The General Assembly shall provide the procedures under which such grants or scholarships shall be made and is authorized to provide appropriations for such purposes. ARTICLE XI . THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE SECTION I . Paragraph I. Supreme Law . The laws of general operation in this State are, first: As the Supreme law: The Constitution of the United States, the laws of the United States in pursuance thereof and all treaties made under the authority of the United States. Paragraph II. Second in Authority . Second: As next in authority thereto: This Constitution. Paragraph III. Third in Authority . Third: In subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitution shall remain of force until the same are modified or repealed by the General Assembly. Paragraph IV. Local and Private Acts . Local and private acts passed for the benefit of counties, cities, towns, corporations and private persons, not inconsistent with the Supreme law, nor with this Constitution and

Page 1344

which have not expired nor been repealed, shall have the force of Statute law, subject to judicial decision as to their validity when passed, and to any limitations imposed by their own terms. Paragraph V. Proceedings of Courts Confirmed . All judgements, decrees, orders, and other proceedings, of the several courts of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by motion for a new trial, appeal, bill of review or other proceedings, in conformity with the law of force when they were made. ARTICLE XII . AMENDMENTS TO THE CONSTITUTION SECTION I . Paragraph I. Proposals to amend the Constitution; new Constitution; submission to people . A new Constitution or amendments to this Constitution may be proposed by the General Assembly or by a constitutional convention. The proposal by the General Assembly to provide for a new Constitution or to amend this Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members elected to each branch of the General Assembly in a roll call vote, such proposal shall be entered on the Journals of each branch with the Ayes and Nays taken thereon. Any proposal to amend this Constitution or any proposal for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members elected to each branch of the General Assembly in a roll call vote entered on their respective Journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted. The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general, and if not general, shall determine

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what political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general, it shall be punished, as provided by law in full, once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each Congressional District of the State. If such proposed amendment is not general, it shall be published, as provided by law, in full, once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used. A proposal for a new Constitution shall be published in the same manner as proposed general amendments. Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amendment which is not general shall be submitted at the next general election which is held in the even-numbered years, but shall only be submitted to the people of the political subdivision or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted at the same

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time, they shall be so submitted as to enable the electors to vote on each amendment separately. A proposal for one or more changes within a single Article may be submitted as a single amendment. A proposal for one or more changes within a single Article and a related change or related changes in one or more other Articles may be submitted as a single amendment. A proposal for a new Article may be submitted as a single amendment. A proposal for a new Article and a related change or related changes in one or more other Articles may be submitted as a single amendment. Paragraph II. Convention. How Called . No convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the Convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly. Paragraph III. Veto Not Permitted . The Governor shall not have the right to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution. Paragraph IV. Effective date of amendments . Unless the amendment itself shall provide otherwise, an amendment to this Constitution shall become effective on the first day of January following its ratification. ARTICLE XIII . MISCELLANEOUS PROVISIONS SECTION I . MISCELLANEOUS PROVISIONS Paragraph I. Continuation of Officers . Except as otherwise provided in this Constitution, the officers of the

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State and all political subdivisions thereof now existing shall continue in the exercise of their functions and duties subject to the provisions of laws applicable thereto and subject to the provisions of this Constitution. Paragraph II. Amendments Continued as Part of This Constitution . Amendments to the Constitution of 1877 which were continued in force and effect by Article VII, Section X, Paragraph I of the Constitution of 1945, and which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which did no directly affect the whole State and which were required to be ratified in a particular subdivision or subdivisions as well as in the State as a whole, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which were ratified pursuant to the provisions of an amendment to Article XIII, Section I, Paragraph I ratified at the 1952 general election and found in Georgia Laws 1951, page 681, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which were ratified subsequent to 1956 but which were not ratified as general amendments, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which were ratified subsequent to 1956 and which were ratified as general amendments but which by their terms applied principally to a particular political subdivision or subdivisions, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments of the same type provided for in the immediately preceding two sentences of this Paragraph which were ratified at the same time this Constitution was ratified shall continue in force and effect as part of this Constitution.

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Paragraph III. Special Commission Created . Amendments to the Constitution of 1945 other than those covered in the last sentence of Paragraph II which were ratified at the same time this Constitution was ratified shall be incorporated and made a part of this Constitution as provided in this Paragraph. There is hereby created a commission to be composed of the presiding officer of the Senate, the presiding officer of the House of Representatives, the Attorney General, the Secretary of State and the Legislative Counsel, which is hereby authorized and directed to incorporate such amendments into this Constitution at the places deemed most appropriate to the commission. The commission shall make only such changes in the language of this Constitution and of such amendments as are necessary to properly incorporate such amendments into this Constitution and shall complete its duties prior to January 1, 1977. The commission shall deliver to the Secretary of State this Constitution with those amendments incorporated therein and such document shall be the Constitution of the State of Georgia of 1976. In order that the commission may perform its duties this Paragraph shall become effective as soon as it has been officially determined that this Constitution has been ratified. The commission shall stand abolished upon the completion of its duties. Paragraph IV. Effective Date . Except as provided in Paragraph III of this section, this Constitution shall become effective on January 1, 1977. Section 2 . The above proposed new Constitution of Georgia 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 new Constitution shall have written or printed thereon the following: () YES () NO Shall the proposed new Constitution be ratified as the Constitution of the State of Georgia?

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All persons desiring to vote in favor of ratifying the new Constitution shall vote Yes. All persons desiring to vote against ratifying the new Constitution shall vote No. If such proposed new Constitution shall be ratified as provided in said Paragraph of the Constitution, it shall become the Constitution of the State of Georgia of 1976. Approved March 31, 1976. ORTHOTISTS PRACTICE ACT. No. 1346 (Senate Bill No. 287). An Act to regulate the practice of orthotics; to provide a short title; to define certain terms; to authorize the State Board of Medical Examiners to examine and register persons practicing orthotics; to provide for rules; to provide for registration of present orthotists; to provide for reciprocity; to provide for qualifications, examination and registration of orthotists; to provide for fees; to provide for refusal revocation and suspension of registration; to provide for an Orthotics Assistant Program; to make certain practices illegal; to provide for enforcement; to provide for administrative procedures; to provide for administration by the Joint-Secretary, State Examining Boards; to provide exceptions; 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. Short Title . This Act shall be known and may be cited as the Orthotists Practice Act. Section 2. Definitions . As used in this Act, unless the context or subject matter clearly requires otherwise, the following terms shall have the following meanings:

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(a) Orthotist means a person who measures, designs, builds, fits and services braces and supports (orthoses) prescribed by doctors of medicine or podiatrists licensed under Code Chapter 84-6, as now or hereafter amended, for the support or correction of neuro-musculo-skeletal diseases, injuries or deformities. (b) Orthotic appliance means a brace or support but does not include fabric and elastic supports, corsets, arch supports, trusses, elastic hose, canes, crutches and soft and hard cervical collars carried in stock and sold by drugstores, department stores and corset shops. (c) Orthotist assistant means a person who assists the orthotist in providing care to patients with disabling conditions of limbs and spine by fabricating and fitting orthotic appliances. With the guidance of and in consultation with the orthotist, the orthotist assistant makes assigned casts, measurements, model modifications and layouts; performs fitting, including static and dynamic alignmetns; evaluates orthosis on patient to assure maximum fit, function, cosmesis and workmanship; and performs repairs to and maintenance of orthotic appliances as assigned. The orthotist assistant must keep abreast of all new fabricating techniques and may be assigned responsibility for the performance of other support personnel. (d) Certified facility means a facility which employs a registered orthotist. (e) Joint-Secretary means the Joint-Secretary, State Examining Boards, as established by Georgia Code Chapter 84-1. (f) Board means the State Board of Medical Examiners, as established by Georgia Code Chapter 84-9. Section 3. Powers and Duties of Board . The State Board of Medical Examiners shall promulgate reasonable rules to carry out the provisions of this Act relative to the examination and registration of orthotists. The board shall adopt reasonable rules regulating the practice of orthotics, but not

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in conflict with the provisions of this Act. The board shall keep a record of its proceedings under this Act and a register of all persons registered under it. Section 4. Registration of Present Orthotists; Fee . The board shall register as a registered orthotist, without examination, on the payment of the required fee, any person who shall apply for such registration within six months after passage of this Act and who at the time of the passage of this Act was certified by and in good standing with the American Board for Certification as an orthotist, provided such applicant is a citizen of the State of Georgia. Those persons, citizens of Georgia, who are not certified by the American Board for Certification, but who are actually engaged in the measuring, building and fitting of orthotic appliances, and who have had four years' experience working in a facility certified by such American Board for Certification, and who meet all the other qualifications set forth in this Act must present themselves for examination and successfully pass the same within two years after the effective date of this Act. At the time of making such application, the applicant shall pay the board a fee to be prescribed by the board. The board shall register as an orthotist any person who applies for such registration and who, at the time of the passage and approval of this Act, is certified by the American Board for Certification. Section 5. Reciprocity . The board may, in its discretion, register as an orthotist, without examination, on the payment of the required fee, an applicant for registration who is an orthotist registered under the laws of another state or territory, if the requirements for registration of orthotists in the state or territory in which the applicant was registered were at the date of his registration substantially equal to the requirements in force in this State and if the state or territory whence the applicant comes accords a similar privilege of registration without examination to holders of certificates as registered orthotists under this Act. The board may also, in its discretion, register as an orthotist, without examination, on the payment of the required fee, an applicant

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for registration who is an orthotist certified by the American Board for Certification. Section 6. Qualifications for Registered Orthotists . Any person meeting the qualifications of the board and who desires to become registered by the board must submit by a certain date established by the board a completed application to the Joint-Secretary on forms prescribed by the board and carrying the required signatures and application fee. Applications, once submitted, cannot be returned although original documents accompanying applications will be returned. Section 7. References and Attestations . (a) The applicant for examinatino must submit names of persons who can attest to his character and integrity, both personally and professionally. (b) The applicant must be recommended by three or more physicians or surgeons licensed under the provisions of Georgia Code Chapter 84-9, as amended, and two registered orthotists. Section 8. Education and Tenure . (a) The applicant must establish that he has a high school diploma or its equivalent and at least a minimum of four years of experience in orthotics by the date set for the receipt of the applications. Of the four years of required experience, a minimum of two years shall be required in responsible fitting under the supervision of registered personnel. The applicant must also have attended at least three short courses from accredited schools in orthotics. (b) Experience during this period shall include adequate experience with hand and power tools, the use of various materials in the fabrication of orthotic appliances of all types, following a physician's prescription. (c) Fitting during this period shall mean that the applicant has been responsible for measuring patients for all types of appliances, for following the fabrication process of these appliances and for applying these appliances to patients under the supervision of a registered orthotist.

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(d) Experience supervised by a person other than a registered orthotist or gained outside of the United States will be considered as partial satisfaction of the tenure requirement for registration but never as an equivalent for registration. Section 9. Application for Registration; Fee . A person who desires to be registered as an orthotist shall apply to the Joint-Secretary, in writing, on blanks to be furnished by the board. He shall embody in such application evidence under oath, satisfactory to the board, of his possessing the qualifications preliminary to examination required by this Act. He shall pay to the board at the time of filing his application a fee to be determined by the board. Section 10. Examinations . The board shall examine applicants for registration as orthotists at such times and places as it may determine. Examinations shall be offered within the State at least twice each year. The examination shall include a written examination which shall test the applicant's knowledge of anatomy, chemistry, kinesiology, pathology, physiology, physics and psychology as applied to orthotics; orthotics theory and procedures; medical ethics; and such other subjects as the board may deem useful to test the applicant's fitness to practice orthotics. Section 11. Registration of Successful Applicants . The board shall register as an orthotist each applicant who proves to the satisfaction of the board his fitness for registration under the terms of this Act. It shall issue to each person registered a certificate of registration, which shall be prima facie evidence of the right of the person to whom it is issued to represent himself as a registered orthotist subject to the conditions and limitations of this Act. Section 12. Renewal of Registration . (a) Every registered orthotist shall, at a time prescribed by the Joint-Secretary, apply to said Joint-Secretary for a renewal of his registration and pay a renewal fee to be determined by the board. The Joint-Secretary shall determine the expiration, renewal and penalty dates with respect to annual registration. The board shall provide for penalty fees for late registration. The board may, in its discretion, revive and extend

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a lapsed registration upon the payment of all past unpaid renewal fees and penalties provided herein. (b) Upon the request of a person in good standing who is a member of the armed forces of the United States and whose duties are in no way related to the practice of orthotics, the registration and good standing status of such person will be maintained during this time of service. Section 13. Fees . The board is empowered to establish and charge reasonable fees for the administration of applications, examinations, registration and renewal of registration. Such fees shall be commensurate with the cost of carrying out the provisions of this Act. Section 14. Refusal, Revocation and Suspension of Registration . The board, after due notice and hearing, may refuse to register any applicant, may refuse to renew the registration of any registered person and may suspend or revoke the registration of any registered person: (a) who is habitually drunk or who is addicted to the use of narcotic drugs; (b) who has been convicted of violating any State or federal narcotic law; (c) who is, in the judgment of the board, guilty of immoral or unprofessional conduct; (d) who has been convicted of any crime involving moral turpitude; (e) who is guilty, in the judgment of the board, of gross negligence in his practice as an orthotist; (f) who has obtained or attempted to obtain registration by fraud or material misrepresentations; (g) who has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane; or

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(h) who has treated or undertaken to treat ailments of human beings otherwise than by orthotics and as authorized by this Act or who has undertaken to practice independently of the prescription, direction or supervision of a person licensed in this State to practice medicine and surgery without limitation or a licensed podiatrist. Section 15. Orthotics Assistant Program . The Orthotics Assistant Program is designed to: (a) contribute to the highest standard of orthotic patient care; (b) develop highly skilled professional personnel capable of assisting the certified practitioner in providing orthotic patient care; (c) give recognition to those persons so trained; (d) encourage such persons to aspire to the achievement of certification as practitioners if they so desire. Section 16. Training Credits; Examination . (a) An applicant for recognition by the board as a qualified orthotist assistant who has completed all or part of a formal orthotics educational program offered by an institution accredited by this board shall be awarded such credit to stand for the assistant examination as the board shall from time to time determine. (b) The examination for orthotist assistant shall cover: (1) the theories and principles of orthotics; (2) the technology of hand and power tools commonly used in the profession; (3) the technology of materials commonly used in the profession; (4) the measuring, designing, fabricating and fitting of standard orthotic devices according to recognized, accepted techniques.

Page 1356

Section 17. Certificates of Proficiency . (a) Those persons who apply for and meet the requirements of the board for the title of orthotic assistant and who pay a fee determined by the board shall be entitled: (1) to receive a certificate of the board attesting to their proficiency; (2) to be listed by the board under the heading of orthotist assistant; (3) to receive such other benefits as the board may authorize. (b) Every registered orthotist assistant shall, at a time prescribed by the Joint-Secretary, apply to said Joint-Secretary for a renewal of his registration and pay a renewal fee to be determined by the board. The Joint-Secretary shall determine the expiration, renewal and penalty dates with respect to annual registration. The board shall provide for penalty fees for late registration. The board may, in its discretion, revive and extend a lapsed registration upon the payment of all past unpaid renewal fees and penalties provided herein. Section 18. False Claim of Registration as Orthotist . It shall be unlawful for a person who is not registered under this Act as an orthotist or whose registration has been suspended or revoked or whose registration has lapsed and has not been revived to use in connection with his name the words or letters R.O., Registered ORthotist, or any other letters, words or insignia indicating or implying that he is a registered orthotist or in any other way, orally, or in writing or in print, or by sign, directly or by implication, to represent himself as a registered orthotist. Section 19. Fraud in Obtaining Registration as Orthotist . It shall be unlawful for a person to make a wilfully false oath or affirmation in any case in which an oath or affirmation is required by this Act or to obtain or attempt to obtain registration as an orthotist by a fraudulent representation.

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Section 20. Illegal Practice by Registered Orthotist . A person registered under this Act as an orthotist shall not treat human ailments by orthotics or otherwise except under the prescription, supervision and direction of a person licensed to practice medicine or podiatry. Nothing in this Act shall be construed as authorizing an orthotist, whether registered or not, to practice any other form or method of healing as authorized by the laws of Georgia. Section 21. Practice without License Illegal . No person shall engage in the measuring and fitting of orthotic applicances unless he is registered under the provisions of this Act or exempt from registration and in compliance with the other provisions of this Act. Nothing in this Act, however, shall be construed to prevent a person licensed or certified under any other law from engaging in the profession for which he is licensed, provided that he does not identify himself as an orthotist. Section 22. Duty of Enforcement . The Joint-Secretary, State Examining Boards, is hereby vested with the power and authority to make such investigations in connection with the enforcement of the provisions of this Act as he or the board or any district attorney may deem necessary or advisable, and the result of all investigations shall be reported to and the records thereof shall be kept by the board. Section 23. Injunction to Prevent Violation . Whenever it shall appear to the board that any person is or has been violating any provisions of this Act or any of the lawful rules, regulations or orders of the board, the board or the appropriate district attorney may file a petition for injunction in the proper superior court of this State against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this section shall be in addition to any other legal remedy which the board has and shall be in addition to any right of criminal prosecution provided by law. Section 24. Administrative Procedures . This Act shall

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be administered in accordance with the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. Section 25. Joint-Secretary, State Examining Boards . The office of the Joint-Secretary, State Examining Boards, shall have the duty to bring together and keep all records of said board, to receive all applications for licenses, to schedule a time and place for examinations (with the consent of the board), to schedule a time and place for all hearings, to issue certificates upon authority of the board and to collect all fees and to remit same to the State Treasury. All orders and processes of the board shall be signed and attested by the Joint-Secretary, State Examining Boards, and any notice or legal process necessary to be served upon the board may be served upon the Joint-Secretary, State Examining Boards. The expenses of the Joint-Secretary, State Examining Boards, and the expenses and salaries incident to the work of his office shall be paid out of fees remitted to the State Treasury from the board. Section 26. Exceptions . Nothing contained in this Act shall prohibit any person who is engaged in the rendering of orthotic services on the effective date of this Act under the prescription, supervision and direction of a person licensed to practice medicine or podiatry in Georgia from continuing to render such services under the supervision of a person licensed to practice medicine or podiatry. Such person shall not be registered unless he meets the requirements of the provisions of this Act. Section 27 . Nothing in this Act shall prevent a person authorized by law to practice pharmacy in this State from measuring and fitting orthotic appliances in accordance with the rules of the Georgia State Board of Pharmacy. Section 28. Penalty . Any person violating any provision of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

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Section 29. Effective Date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and upon the appropriation of the necessary funds to implement the provisions of this Act. Section 30. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. ARMED ROBBERYPROVISIONS CHANGED. Code 26-1902 Amended. No. 1347 (Senate Bill No. 304). An Act to amend Code section 26-1902, relating to armed robbery, as amended, so as to change the penalty provisions relating to such offense; to provide for cases in which serious bodily injury is inflicted on a person; to provide for mandatory sentences; 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 26-1902, relating to armed robbery, as amended, is hereby amended by striking said Code section, which reads as follows: 26-1902. Armed Robbery. A person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon. The offense robbery by intimidation shall be a lesser included offense in the offense of armed robbery. A person convicted of armed robbery shall be punished by death or imprisonment for life, or by imprisonment for not less than one or more than twenty (20) years., in its entirety and inserting in lieu thereof a new Code section 26-1902 to read as follows:

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26-1902. Armed Robbery . (a) A person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon. The offense robbery by intimidation shall be a lesser included offense in the offense of armed robbery. A person convicted of armed robbery shall be punished by death or imprisonment for life, or by imprisonment for not less than five (5) nor more than twenty (20) years; provided, however, that for a second or subsequent such offense, such defendant shall be punished by imprisonment for not less than ten (10) years. The preceding provisions of this section notwithstanding, in any case in which the defendant committed armed robbery and in the course of the commission of such offense intentionally, with an offensive weapon, inflicted serious bodily injury on a person, such fact shall be charged in the indictment or information, and if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than ten (10) years. (b) Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred or withheld for any offense punishable under subsection (a) of this section. Section 2 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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CERTIFIED REGISTERED NURSE ANESTHETISTS ACT AMENDED.PROVISIONS CHANGED. No. 1348 (Senate Bill No. 356). An Act to amend an Act providing for the participation of nurse anesthetists in the administration of anesthesia, approved April 12, 1973 (Ga. L. 1973, p. 433), so as to change the provisions relating to the professional and educational standards of certified registered nurse anesthetists; 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 participation of nurse anesthetists in the administration of anesthesia, approved April 12, 1973 (Ga. L. 1973, p. 433), is hereby amended by striking in section 1 the following: a registered nurse as defined in Code section 84-9916, and substituting in lieu thereof, the following: authorized by Code Chapter 84-10, as now or hereafter amended, to practice nursing as a registered professional nurse in Georgia, and by striking the following: accredited by the National League of Nursing, and substituting in lieu thereof the following: approved by the Georgia Board of Nursing in accordance with Code Chapter 84-10 or has successfully completed 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 Georgia Board of Nursing, so that when so amended, section 1 shall read as follows:

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Section 1. For the purposes of this Act, a `certified registered nurse anesthetist' shall mean any person who is authorized by Code Chapter 84-10, as now or hereafter amended, to practice nursing as a registered professional nurse in Georgia, who has successfully completed the education program of a school of nursing approved by the Georgia Board of Nursing in accordance with Code Chapter 84-10 or has successfully completed 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 Georgia Board of Nursing, who has successfully completed the educational program of a school for nurse anesthetists accredited by the American Association of Nurse Anesthetists and who either is certified as a registered nurse anesthetist by the American Association of Nurse Anesthetists or has an application for certification pending within the American Association of Nurse Anesthetists. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CLINICAL LABORATORIES ACT AMENDEDCERTAIN MEDICAL SCHOOLS EXEMPTED. No. 1349 (Senate Bill No. 437). 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), an Act approved April 7, 1972 (Ga. L. 1972, p. 1247), an Act approved April 7, 1972 (Ga. L. 1972, p. 1257), and an Act approved

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April 18, 1975 (Ga. L. 1975, p. 737), so as to provide that the provisions of this Act shall not apply to clinical laboratories operated by the Medical College of Georgia, the Emory University School of Medicine and any other medical schools in Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . 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), an Act approved April 7, 1972 (Ga. L. 1972, p. 1247), an Act approved April 7, 1972 (Ga. L. 1972, p. 1257), and an Act approved April 18, 1975 (Ga. L. 1975, p. 737), is hereby amended by striking subsection (a) of section 1 in its entirety and inserting in lieu thereof a new subsection (a) of section 1 to read as follows: (a) operated by the Medical College of Georgia, the Emory University School of Medicine and any other medical schools in Georgia or the United States Government; or. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. LIMITATIONS OF ACTIONS FOR MEDICAL MALPRACTICE PROVIDED. Code Title 3 Amended. No. 1350 (Senate Bill No. 464). An Act to amend Code Title 3, relating to actions, as amended, so as to add a new Code Chapter relating to

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limitations of actions for medical malpractice; to provide for definitions; to provide for limitations relative to certain actions; to make applicable to such actions certain disabilities and exceptions; to provide that certain actions shall not be revived or extinguished; to except certain actions from the limitations on contract or tort actions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 3, relating to actions, as amended, is hereby amended by adding following Code Chapter 3-10 a new Code Chapter to be designated as Code Chapter 3-11, to read as follows: CHAPTER 3-11. LIMITATIONS OF ACTIONS FOR MEDICAL MALPRACTICE 3-1101. `Action for Medical Malpractice' defined . As used in this section, the term `action for medical malpractice' means any claim for damages resulting from the death of or injury to any person arising out of (a) health, medical, dental or surgical: (1) service, (2) diagnosis, (3) prescription, (4) treatment, or (5) care, rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of such lawfully authorized person, or (b) care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility or institution, or by any officer, agent or employee thereof acting within the scope of his or her employment. 3-1102. General Limitations . Except as otherwise provided in this Chapter, an action for medical malpractice shall be brought within two years after the date on which the negligent or wrongful act or omission occurred. 3-1103. Foreign Objects Left in Body . None of the limitations of Code section 3-1102 shall apply where a foreign object has been left in a patient's body, but an action shall then be brought within one year after such negligent or

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wrongful act or omission is discovered. For purposes of this section, `foreign object' shall not include a chemical compound, fixation device or prosthetic aid or device. 3-1104. Certain Disabilities and Exceptions Applicable . The disabilities and exceptions prescribed in Code Chapter 3-8 in limiting actions on contracts shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice. 3-1105. Certain Actions Not Revived or Extinguished . No action for medical malpractice which, prior to July 1, 1976, has been barred by the provisions of Code Title 3, relating to actions, shall be revived by this Code Chapter. No action for medical malpractice which would be barred before July 1, 1977, by the provisions of this Code Chapter but which would not be so barred by the provisions of Code Title 3, in force immediately prior to July 1, 1976, shall be barred until July 1, 1977. Section 2 . Said Code Title is further amended by adding following Code section 3-717, a new Code section to be designated as Code section 3-718, to read as follows: 3-718. Contract Actions for Medical Malpractice Excluded . The provisions of this Code Chapter shall not apply to actions for medical malpractice as defined in Code section 3-1101, as now or hereafter amended. Section 3 . Said Code Title is further amended by adding following Code section 3-1004, a new Code section to be designated Code section 3-1004.1, to read as follows: 3-1004.1. Tort Actions for Medical Malpractice Excluded . The provisions of Code section 3-1004 shall not apply to actions for medical malpractice as defined in Code section 3-1101, as now or hereafter amended. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT THE STATE. No. 1351 (Senate Bill No. 468). An Act to enact The Uniform Act to Secure the Attendance of Witnesses From Without the State in criminal proceedings and the uniform rendition of prisoners as witnesses in criminal proceedings, so as to provide for a means for commanding the persons from without the State to appear in criminal proceedings in this State; to provide for a short title; to provide for definitions; to provide for the summoning of witnesses, including prisoners, in this State to testify in another state; to provide for the summoning of witnesses, including prisoners, in another state to testify in this State; to provide for the practices, procedures and costs in connection therewith; to provide for certificates; to provide for hearings; to provide for orders; to provide for immunity from arrest and the service of civil and criminal process; to provide for summons; to provide for the taking of witnesses into custody and delivering witnesses to officers; to provide for expenses and mileage allowances; to provide for penalties and punishment; to provide for interpretations; to provide for severability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title .This Act shall be known and may be cited as The Uniform Act to Secure the Attendance of Witnesses From Without the State. Section 2. Definitions .As used in this Act: (a) Witness includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding held by the prosecution or the defense, including a person who is confined in a penal institution in any state.

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(b) State includes any territory of the United States and the District of Columbia. (c) Summons includes a subpoena, order or other notice requiring the appearance of a witness. (d) Penal institutions includes a jail, prison, penitentiary, house of correction, or other place of penal detention. Section 3. Summoning witness in this State to testify in another state .(a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this State certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this State is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. The witness shall at all times be entitled to counsel. (b) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

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(c) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken in custody and delivered to an officer of the requesting state. (d) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of twelve cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and twenty-five dollars for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State. Section 4. Summoning of a prisoner in this State to testify in another state . (a) A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this State, may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in this State is a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the Attorney General, the judge in this State shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.

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(b) If at the hearing the judge determines (1) that the witness is material and necessary, (2) that his attending and testifying are not adverse to the interests of this State or to the health or legal rights of the witness, (3) that the laws of the state in which he is required to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order, and (4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached, (a) directing the witness to attend and testify, (b) directing the person having custody of the witness to produce him, in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order, and (c) prescribing such conditions as the judge shall determine. (c) The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed. (d) This section does not apply to any person in this State confined as insane or mentally ill or under sentence of death. Section 5. Witness from another state summoned to testify in this State .(a) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this State, is a material witness in a prosecution pending in a court of record in this State, or in a grand

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jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure his attendance in this State. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. (b) If the witness is summoned to attend and testify in this State he shall be tendered the sum of twelve cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and twenty-five dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State. Section 6. Prisoner from another state summoned to testify in this State . (a) If a person confined in a penal institution in any other state is a material witness in a criminal action pending in a court of record or in a grand jury investigation in this State, a judge of the court may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in the other state is a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the Attorney General of the state in which the prisoner is confined.

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(b) The judge of the court in this State may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined. Section 7. Exemption from arrest and service of process .(a) If a person comes into this State in obedience to a summons directing him to attend and testify in this State he shall not while in this State pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons. (b) If a person passes through this State while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons. Section 8. Uniformity of interpretation .This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it, and shall be only applicable to such state as shall enact reciprocal powers to this State relative to the matter of securing attendance of witnesses as herein provided. 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, sentence, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentences, 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. Effective date .This Act shall become effective

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upon its approval by the Governor or upon its becoming law without his approval. Section 11. Repealer .All laws and parts of laws in conflect with this Act are hereby repealed. Approved March 31, 1976. LANDLORD AND TENANT PROVISIONS CHANGED. Code Title 61 Amended. No. 1352 (Senate Bill No. 472). An Act to amend Code Title 61, relating to landlord and tenant, as amended, so as to revise said Code Title; to change provisions relative to certain parol contracts; to prohibit the waiver of certain provisions of law by a landlord or a tenant; to make certain agreements relative to the payment of attorney's fees void; to require the disclosure of certain information to a tenant; to provide for the consequences of failure to disclose; to authorize the enactment of ordinances relating to security devices to protect tenants; to change the provisions relative to the filing of an answer under Code Chapter 61-3; to authorize opening defaults under Code Chapter 61-3 within a certain period of time; to provide for the regulation of security deposits; to provide definitions; to require security deposits to be placed in escrow or secured by a bond; to provide for inspection of residential rental property prior to and after tenancy; to provide conditions precedent to the recovery of security deposits and to liability for damages to such property; to provide for the return of security deposits; to provide for the enforcement of the provisions relative to security deposits and inspections; to provide exemptions; to provide 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:

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Section 1 . Code Title 61, relating to landlord and tenant, as amended, is hereby amended by adding before the first sentence of Code section 61-102, relating to the creation of the relationship of landlord and tenant, the following: (a), by striking in said Code section the following: , and if made for a greater time shall have the effect of a tenancy at will, and by adding following the first sentence of said Code section, the following: (b) A landlord or tenant may not waive, assign, transfer, or otherwise avoid in any contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling-place any of the rights, duties, or remedies contained in the following provisions of law, as now or hereafter amended: (1) Code section 61-111, relating to duties of a landlord as to repairs and improvements. (2) Code section 61-112, relating to the liability of a landlord for failure to repair. (3) Ordinances adopted pursuant to section 18 of the Urban Redevelopment Law (Ga. L. 1955, p. 354). (4) Code Chapter 61-3, relating to proceedings against tenants holding over. (5) Code Chapter 61-4, relating to distress warrants. (6) Code Chapter 61-6, relating to security deposits. (7) Any applicable provision of the Georgia Civil Practice Act (Ga. L. 1966, p. 609) not superseded by this Code Title.

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(c) A provision for the payment of the attorney's fees of the landlord by the tenant upon breach of a rental agreement by the tenant contained in a contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling-place shall be void unless the provision also provides for the payment of the attorney's fees of the tenant by the landlord upon breach of the rental agreement by the landlord., so that when so amended, Code section 61-102 shall read as follows: 61-102. How relationship created .(a) Contracts creating the relation of landlord and tenant for any time not exceeding one year may be by parol. (b) A landlord or tenant may not waive, assign, transfer, or otherwise avoid in any contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling-place any of the rights, duties, or remedies contained in the following provisions of law, as now or hereafter amended: (1) Code section 61-111, relating to duties of a landlord as to repairs and improvements. (2) Code section 61-112, relating to the liability of a landlord for failure to repair. (3) Ordinances adopted pursuant to Section 18 of the Urban Redevelopment Law (Ga. L. 1955, p. 354). (4) Code Chapter 61-3, relating to proceedings against tenants holding over. (5) Code Chapter 61-4, relating to distress warrants. (6) Code Chapter 61-6, relating to security deposits. (7) Any applicable provision of the Georgia Civil Practice Act (Ga. L. 1966, p. 609) not superseded by this Code Title.

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(c) A provision for the payment of the attorney's fees of the landlord by the tenant upon breach of a rental agreement by the tenant contained in a contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling-place shall be void unless the provision also provides for the payment of the attorney's fees of the tenant by the landlord upon breach of the rental agreement by the landlord. Section 2 . Said Code Title is further amended by adding following Code section 61-102, relating to the creation of the relationship of landlord and tenant, a new Code section to be designated Code section 61-102.1, to read as follows: 61-102.1. Disclosure of Ownership . A landlord, agent, or any other person authorized to enter into a rental agreement on behalf of a landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the following: (a) the owner of record of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for demands and notice, and (b) the person authorized to manage the premises. In the event that any of the names and addresses required to be contained in said statement change, the landlord shall advise each tenant of the change in writing, or by posting a notice of the change in a conspicuous place, within thirty days after the change. A person who enters into a rental agreement on behalf of an owner or landlord, or both, and who fails to comply with the disclosure requirements in (a) and (b) above becomes an agent of owner or landlord, or both, for service of process and receipting for notices and demands, for performing the obligations of the landlord under this Title and for expending or making available for the purpose of fulfilling such obligations all rent collected from the premises.

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Section 3 . Said Code Title is further amended by adding following Code section 61-102.1, relating to disclosure of ownership, a new Code section to be designated Code section 61-102.2, to read as follows: 61-102.2. Ordinances Relating to Security Devices Authorized . (a) Municipalities and counties may establish by local ordinance minimum security standards, not in conflict with applicable fire codes, to prevent the unauthorized entry of premises occupied by a tenant as a dwelling-place and require landlords to comply with such standards. (b) This section shall be cumulative to and shall not prohibit the enactment of other general and local laws, rules and regulations of State or local agencies, and local ordinances on this subject. Section 4 . Said Code Title is further amended by striking in subsection (b) of Code section 61-302, relating to the service of a summons in a dispossessory proceeding on a defendant, the following: appear at a hearing on a day certain not less than five nor more than twenty days from the date of actual service., and substituting in lieu thereof, the following: answer either orally or in writing within seven (7) days from the date of actual service unless the seventh day is a Saturday, Sunday or legal holiday in which case the answer may be made on the next day which is not a Saturday, Sunday or legal holiday. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer amy contain any legal or equitable defense or counterclaim. The landlord need not appear on the date of the tenant's response. The last possible date to answer shall be stated on the summons., so that when so amended, subsection (b) of Code section 61-302 shall read as follows:

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(b) The summons served on the defendant pursuant to subsection (a) shall command and require the tenant to answer either orally or in writing within seven (7) days from the date of actual service unless the seventh day is a Saturday, Sunday or legal holiday in which case the answer may be made on the next day which is not a Saturday, Sunday or legal holiday. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense or counterclaim. The landlord need not appear on the date of the tenant's response. The last possible date to answer shall be stated on the summons. Code 61-302 amended. Section 5 . Said Code Title is further amended by striking in Code section 61-303, relating to answer and trial in a dispossessory proceeding, the following: At or before the time of the 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 on the dispossessory affidavit. The answer may contain any legal or equitable defense, or counterclaim. If the tenant fails to answer, the court shall issue a writ of possession; 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 61-301 were supported by proper evidence without the intervention of a jury., and substituting in lieu thereof, the following: If the tenant fails to answer at or before the date provided in section 61-302(b), the tenant may reopen the default as a matter of right by making an answer within seven (7) days after the date of the default notwithstanding the provisions of section 55 of the Georgia Civil Practice Act (Ga. L. 1966, p. 609), as now or hereafter amended. If the seventh day is a Saturday, Sunday or legal holiday, then the answer may be made on the next day which is not a Saturday, Sunday or legal holiday. Such date shall be stated on the summons. If the tenant fails to answer or

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open the default, the court shall issue a writ of possession; 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 61-301 were supported by proper evidence without the intervention of a jury., so that when so amended, section 61-303 shall read as follows: 61-303. Answer and Trial .If the tenant fails to answer at or before the date provided in section 61-302(b), the tenant may reopen the default as a matter of right by making an answer within seven (7) days after the date of the default notwithstanding the provisions of section 55 of the Georgia Civil Practice Act (Ga. L. 1966, p. 609), as now or hereafter amended. If the seventh day is a Saturday, Sunday or legal holiday, then the answer may be made on the next day which is not a Saturday, Sunday or legal holiday. If the tenant fails to answer or open the default, the court shall issue a writ of possession; 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 61-301 were supported by proper evidence without the intervention of a jury. If the tenant answers, a trial of the issues shall be had in accordance with procedure prescribed for civil actions in courts of record. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that the tenant at the time of his answer pays rent into the registry of the court pursuant to Code section 61-304. Section 6 . Said Code Title is further amended by adding following Code Chapter 61-5, relating to croppers, a new Code Chapter to be designated Code Chapter 61-6, to read as follows:

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61-6. Security Deposits 61-601. Definitions . As used in this Chapter, unless the context otherwise requires, the term: (a) Security deposit' means money or any other form of security given after July 1, 1976, by a tenant to a landlord to be held by the landlord on behalf of a tenant by virtue of a residential rental agreement including, but not limited to, damage deposits, advance rent deposits, and pet deposits. The term `security deposit' does not include earnest money or pet fees which are not to be returned to the tenant under the terms of the residential rental agreement. (b) `Residential rental agreement' means a contract, lease or license agreement for the rental or use of real property as a dwelling-place. 61-602. Security deposits to be placed in escrow accounts . Except as provided in section 61-603, whenever a security deposit is held by a landlord or his agent on behalf of a tenant, such security deposit shall be deposited in an escrow account only for that purpose, in any bank or lending institution subject to regulation by the State of Georgia or any agency of the United States government. Such security deposit shall be held in trust for the tenant by the landlord or his agent, except as provided in section 61-605. Tenants shall be informed in writing of the location and account number of the escrow account required by this section. 61-603. Surety bond in lieu of escrow account . As an alternative to the requirement that security deposits be placed in escrow, as provided in section 61-602, the landlord may post and maintain an effective surety bond with the clerk of the superior court in the county in which the dwelling unit is located in a total amount of the security deposits he holds on behalf of the tenants, or $50,000, whichever is less, executed by the landlord as principal and a surety company authorized and licensed to do business in the State as surety. The surety may withdraw from the bond by giving 30 days written notice by registered mail to the clerk

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of the superior court in the county in which the principal's dwelling unit is located, provided such withdrawal shall not release said surety from any liability existing hereunder at the time of the effective date of said withdrawal. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of section 61-605, including the return of security deposits in the event of bankruptcy of landlord or foreclosure of the premises, and shall run to the benefit of any tenant injured by the landlord's violation of the provisions of section 61-605. Said Superior Court Clerk shall receive a fee of five dollars for filing and recording said surety bond and shall also receive a fee of five dollars for cancelling said surety bond. Said Superior Court Clerks shall not be held personally liable should said surety bond prove invalid. 61-604. Inspection . (a) Prior to tendering a security deposit, the tenant shall be presented, for the tenant's permanent retention, with a comprehensive listing of any then existing damage to the premises. The tenant shall have the right to inspect the premises to ascertain the accuracy of such listing prior to taking occupancy. The landlord and the tenant shall sign the listing, which shall then be conclusive evidence of the accuracy of such listing but shall not be conclusive as to latent defects. If the tenant refuses to sign such listing, the tenant shall state specifically in writing the items on the list to which the tenant dissents, and shall sign such statement of dissent. (b) Within three business days after the date of the termination of occupancy, the landlord or his agent shall inspect the premises and compile a comprehensive listing of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within 5 business days after the termination of said occupancy to ascertain the accuracy of such listing. The landlord and the tenant shall sign the listing which shall then be conclusive evidence of the accuracy of such listing. If the tenant shall refuse to sign such listing, he shall state specifically in writing the items on the list to which he dissents and shall sign such statement

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of dissent. If the tenant terminates occupancy without notifying the landlord, the landlord may make such final inspection with a reasonable time after discovering the termination of occupancy. (c) A tenant who disputes the accuracy of the final damage listing given pursuant to subsection (b) of this section may bring an action to recover the portion of the security deposit which the tenant believes to be wrongfully withheld for damages to the premises, in any court of competent jurisdiction in this State. The tenant's claims shall be limited to those items from which the tenant specifically dissented in accordance with the provisions of this section. If the tenant fails to sign a listing or to dissent specifically in accordance with the provisions of this section, the tenant shall not be entitled to recover the security deposit or any other damages under section 61-606 provided, however, that the listings required under section 61-604 contain written notice of the tenant's duty to sign such listing or dissent. 61-605. Return of security deposit . (a) A landlord, within one month after the termination of the residential lease or the surrender and acceptance of the premises, whichever occurs last, shall return to the tenant the full security deposit deposited with the landlord by the tenant, except as otherwise provided in this Chapter. No security deposit shall be retained to cover ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended, without negligence, carelessness, accident, or abuse of the premises by the tenant or members of his household, or their invitees or guests. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. If the reason for retention is based on damages to the premises, such damages shall be listed as provided in section 61-604. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord shall be deemed to have complied with this section by mailing via first class mail said statement and any payment required

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to the last known address of the tenant. If the letter containing the payment is returned to the landlord and if the landlord is unable to locate the tenant after reasonable effort, then the payment shall become property of the landlord 90 days from the date the payment was mailed. Nothing in this section shall preclude the landlord from retaining the security deposit for nonpayment of rent or of fees for late payment, for abandonment of the premises, for nonpayment of utility charges, for repair work or cleaning contracted for with third parties by the tenant, for unpaid pet fees, or for actual damages caused by the tenant's breach, provided the landlord attempts to mitigate said actual damages. (b) In any court action in which there is a determination that neither the landlord nor tenant under the provisions of this Chapter is entitled to all or a portion of a security deposit, the jury in a jury case and the judge in all other cases shall determine what would be an equitable disposition of the security deposit, and the judge shall order the security deposit paid in accordance with such disposition. 61-606. Enforcement of the provisions of Chapter 61-6; remedies . (a) A landlord shall not be entitled to retain any portion of a security deposit if the security deposit was not deposited in an escrow account in accordance with section 61-602 or a surety bond was not posted in accordance with section 61-603 and if the initial and final damage listings required by section 61-604 are not made and provided to the tenant. (b) The failure of a landlord to provide each of the written statements within the required times specified in sections 61-604 and 61-605 shall work a forfeiture of all his rights to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises. (c) Any landlord who fails to return any part of a security deposit required to be returned to a tenant pursuant to this Chapter is liable to the tenant in the amount of three times the sum improperly withheld plus reasonable attorney's fees; provided, however, that the landlord shall

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be liable only for the sum erroneously withheld if the landlord shows by the preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error which occurred in spite of the existence of procedures reasonably designed to avoid such errors. 61-607. Exemptions . The provisions for sections 61-602, 61-603, 61-604, and 61-606 shall not apply to rental units which are owned by a natural person if said natural person, his or her spouse and minor children collectively own ten or fewer rental units; except that this exemption does not apply to units for which management, including rent collection, is performed by third persons, natural or otherwise, for a fee. Section 7 . Said Code Title is further amended by adding at the end of Code Chapter 61-99, relating to criminal provisions applicable to landlord and tenant, a new Code section to be designated Code section 61-9905, to read as follows: 61-9905. False Statements . A person to whom a lawful oath or affirmation has been administered or who executes a document knowing that it purports to be a statement of a lawful oath or affirmation commits a misdemeanor when such person, while under such oath or affirmation, knowingly and willingly makes a false statement in an affidavit signed pursuant to Code section 61-301 or in an answer filed pursuant to Code section 61-302. Upon conviction thereof, such person shall be punished as for a misdemeanor. Section 8 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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STATE EMPLOYEES HEALTH INSURANCE PLAN ACT AMENDED. No. 1353 (Senate Bill No. 478). An Act to amend an Act relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, so as to authorize the State Personnel Board to execute a contract or contracts relative to the providing of administrative services in connection with a self-insured health insured plan for State employees; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, is hereby amended by adding a new paragraph at the end of section 6, to read as follows: Notwithstanding any other provisions of this Act to the contrary, the Board is hereby authorized to execute a contract or contracts with one or more insurers authorized to transact accident and sickness insurance in this State or with one or more hospital service nonprofit corporations, nonprofit medical service corporations, health care corporations or independent adjusters authorized or licensed to transact business in this State, to provide administrative services in connection with a self-insured health insurance plan for State employees. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

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EDUCATIONSCHOOL LUNCH PROGRAMPROVISIONS CHANGED. No. 1354 (Senate Bill No. 483). 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), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 539), so as to change the provisions relating to food services; to provide that State funds shall be used to supplement Federal funds as a means of keeping sale prices within reach of paying children and of maximizing participation and quality meals for all children; 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 539), is hereby amended by adding to the first sentence of subsection (a) of section 22, following the words the amount of, the following: State, and by adding at the end of subsection (a) the following: State funds shall be used to supplement Federal funds as a means of keeping sale prices within reach of paying children and of maximizing participation and quality meals for all children., so that when so amended subsection (a) of the section 22 shall read as follows: (a) The State Board of Education shall annually determine the amount of State funds needed to provide a Statewide school lunch program. The State Board shall, by regulation, provide for certifying and classifying school

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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. State funds shall be used to supplement Federal funds as a means of keeping sale prices within reach of paying children and of maximizing participation and quality meals for all children. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CONVEYANCE OF LAND TO DECATUR COUNTY AUTHORIZED. No. 113 (House Resolution No. 534-1441). A Resolution. Authorizing the conveyance of certain real property located in Decatur County; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Decatur County, Georgia, which is currently under the control and jurisdiction of the State Properties Commission; and Whereas, said property contains recreational facilities which are not being utilized by the State, but which the county would like to repair and make available to the

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general public and to personnel and patients of Bainbridge State Hospital; and Whereas, said real property consists of a tract of land lying and being in the County of Decatur, State of Georgia, and being more particularly described as follows: All of 15.76 acres of land lying, situate and being in Lot of Land No. 429 in the 15th District of Decatur County, Georgia, and more particularly described as follows: Commence at a railroad spike at the Northeast corner of Lot of Land No. 429, which marks the point of beginning, and from said point of beginning run thence South 00 degrees 14 minutes 10 seconds West a distance of 973.03 feet to an iron pin; thence run South 89 degrees 08 minutes 42 seconds West a distance of 704.07 feet to an iron pin; thence run North 00 degrees 59 minutes 49 seconds East a distance of 996.16 feet to a nail in paving; thence run South 88 degrees 57 minutes 51 seconds East a distance of 690.78 feet to a railroad spike and 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, Decatur 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 Decatur County; and (2) that the conveyance of said tract of land shall be approved by the State Properties Commission; and

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(3) that the conveyances 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; 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 Decatur County and the State Properties Commission. Approved March 31, 1976. FINANCIAL INSTITUTIONS CODE AMENDEDMULTIPLE PARTY ACCOUNTS, ETC. Code Title 41A Amended. Code Chapter 85-10 Amended. No. 1355 (Senate Bill No. 492). An Act to amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for multiple party accounts; to provide for ownership and payments during lifetime; to provide for the right of survivorship; to change the provisions relative to join accounts of financial institutions; to change the provisions relative to trust; to change the provisions relative to payment of deposits of deceased depositors; to change the provisions relative to deposits applied to funeral expenses; to define certain terms; to provide for ownership as between parties and others; to provide for protection of financial institutions who make certain payments; to provide for effect of written notice to financial institutions; to provide that certain transfers are not testamentary; to provide for rights of creditors; to amend Code Chapter 85-10, relative to tenancies in common, as

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amended, so as to provide certain exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, is hereby amended by striking in its entirety Code section 41A-1603, relative to joint deposits, which reads as follows: 41A-1603. Joint Deposits. When a deposit has been made or hereafter shall be made in a blank in the names of two persons, payable to either, or to either or the survivors, such deposit or any part thereof, and interest or divided thereon may be paid to either of said persons or to their order, and the receipt or order of the party so paid shall be a valid and sufficient release to discharge the bank from liability for payment. The foregoing right to pay either party shall not be terminated by the death or incompetency of the other party. Code 41A-1603 repealed. Section 2 . Said Code Title is further amended by striking in its entirety Code section 41A-1604, relative to tentative trust, which reads as follows: 41A-1604. Tentative Trusts. A bank may receive deposits in an account in the name of one person as trustee for another without any further notice of the existence or the terms of the trust and may, in the event of the death of the trustee, pay the balance of the account or any part thereof and interest or dividend thereon to the beneficiary. Code 41A-1604 repealed. Section 3 . Said Code Title is further amended by striking from subsection (a) of Code section 41A-1610, relative to payment of deposits of deceased depositors, the word Whenever and inserting in lieu thereof the following: Except as provided in Code Chapter 41A-38, whenever, so that when so amended, subsection (a) shall read as follows:

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(a) Except as provided in Code Chapter 41A-38, whenever any person dies intestate having a deposit of not more than $2,500.00 in a bank, such bank shall be authorized to pay the proceeds of such deposit directly to the following persons: Code 41A-1610 amended. (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. Section 4 . Said Code Title is further amended by striking from subsection (a) of Code section 41A-3115, relative to payment of deposits of deceased depositors, the word Upon and inserting in lieu thereof the following: Except as provided in Code Chapter 41A-38, upon, so that when so amended, subsection (a) shall read as follows: (a) Except as provided in Code Chapter 41A-38, upon the death of any person intestate having a share and deposits in a credit union or federal credit union of not more than $2,500.00, such credit union or federal credit union shall be authorized to pay the proceeds of such share and deposits directly to the following persons: Code 41A-3115 amended. (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.

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Section 5 . Said Code Title is further amended by striking in its entirety Code section 41A-3521, relative to joint accounts, which reads 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. Code 41A-3521 repealed. (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 6 . Said Code Title is further amended by striking in its entirety Code section 41A-3523, relative to payment on death of depositor, and inserting in lieu thereof a new Code section 41A-3523 to read as follows: 41A-3523. Payment on Death of Depositor . (a) Except as provided in Code Chapter 41A-38, upon the death of a depositor of a building and loan association or a savings and loan association, such association may pay the amount of his deposit or any portion thereof to an executor, administrator or other fiduciary duly appointed and qualified pursuant to the last will and testament of the depositor or by

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any court of competent jurisdiction in this State, or any other state. (b) Except as provided in Code Chapter 41A-38, 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 foregoing 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) Except as provided in Code Chapter 41A-38, 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. Section 7 . Said Code Title is further amended by striking from Code section 41A-3524, relative to deposits applied to

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funeral expenses, the words If no application and inserting in lieu thereof the following: Except as provided in Code Chapter 41A-38, if no application, so that when so amended, Code section 41A-3524 shall read as follows: 41A-3524. Deposits Applied to Funeral Expenses . Except as provided in Code Chapter 41A-38, if no application for the deposit is made by any person named in section 41A-3523 within ninety days from the death of a depositor, a building and loan association or a savings and loan association shall be authorized to apply not more than $1,000.00 of the deposit of such deceased depositor in payment of the funeral expenses of such deceased depositor upon receipt of an itemized statement of such expenses and the affidavit of the undertaker conducting the funeral that said statement was true and correct and had not been paid. Section 8 . Said Code Title is further amended by adding immediately following Code Chapter 41A-37 a new Code Chapter to be designated Code Chapter 41A-38 to read as follows: Chapter 41A-38. MULTIPLE PARTY ACCOUNTS 41A-3801. Definitions . In this Chapter, unless the context otherwise requires: (a) `Account' means a contract of deposit of funds between a depositor and a financial institution and includes a checking account, savings account, certificate of deposit, share account and other like arrangements. (b) `Beneficiary' means a person named in a trust account as one for whom a party to the account is named as trustee. (c) `Financial institution' means a savings and loan association as defined in Code section 41A-102(ee) and any financial institution as defined in Code section 41A-102(u).

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(d) `Joint account' means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship. (e) `Multiple-party account' is any of the following types of account: (1) a joint account, (2) a P.O.D. account or (3) a trust account. It does not include accounts established for deposit of funds of a partnership, joint venture or other association for business purposes or accounts controlled by one or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization or a regular fiduciary or trust account where the relationship is established other than by deposit agreement. (f) `Net contribution' of a party to a multiple-party account as of any given time is the sum of all deposits thereto made by or for him, less all withdrawals made by or for him which have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance. The term includes, in addition, any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question. (g) `Party' means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account. A P.O.D. payee or beneficiary of a trust account is a party only after the account becomes payable to him by reason of his surviving the original payee or trustee. Unless the context otherwise requires, it includes a guardian, conservator, personal representative or assignee, including an attaching creditor, of a party. It also includes a person identified as a trustee of an account for another whether or not a beneficiary is named, but it does not include any named beneficiary unless he has a present right of withdrawal. (h) `Payment' of sums on deposit includes withdrawal, payment on check or other directive of a party, and any pledge of sums on deposit by a party and any set-off, or

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reduction or other disposition of all or part of an account pursuant to a pledge. (i) `Proof of death' includes a death certificate or official record which is prima facie proof of death. (j) `P.O.D. account' means an account payable on request to one person during lifetime and on his death to one or more P.O.D. payees, or to one or more persons during their lifetimes and on the death of all of them to one or more P.O.D. payees. (k) `P.O.D. payee' means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of one or more persons. (l) `Request' means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal. (m) `Sums on deposit' means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party. (n) `Trust account' means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. A trust account does not include a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account, or a fiduciary

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account arising from a fiduciary relation such as attorney-client. (o) `Withdrawal' includes payment to a third person pursuant to check or other directive of a party. 41A-3802. Ownership as between Parties and Others; Protection of Financial Institutions . The provisions of Code sections 41A-3803 to 41A-3805 concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between those persons and their creditors and other successors and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. The provisions of Code sections 41A-3807 to 41A-3812 govern the liability of financial institutions who make payments pursuant thereto, and their set-off rights. 41A-3803. Ownership during Lifetime . (a) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent. (b) A P.O.D. account belongs to the original payee during his lifetime and not to the P.O.D. payee or payees; if two or more parties are named as original payees, during their lifetimes the account belongs to them in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent. (c) Unless a contrary intent is manifested by the terms of the account or the deposit agreement or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during his lifetime; and if two or more parties are named as trustee on the account, during their lifetimes the account belongs to them in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.

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41A-3804. Right of Survivorship . (a) Sums remaining on deposits at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created. If there are two or more surviving parties, their respective ownerships during lifetime shall be in proportion to their previous ownership interests under Code Section 41A-3803 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death; and the right of survivorship continues between the surviving parties. (b) If the account is a P.O.D. account on death of the original payee or of the survivor of two or more original payees, any sums remaining on deposit belong to the P.O.D. payee or to the P.O.D. payees in equal portions if surviving, or to the survivor of them if one or more die before the original payee; if two or more P.O.D. payees survive, there is no right of survivorship in event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them. (c) If the account is a trust account, on the death of the trustee or the survivor of two or more trustees, any sums remaining on deposit belong to such person or persons named as beneficiaries who survive the death of the trustee or the survivor of two or more trustees, unless there is clear and convincing evidence of a contrary intent. If two or more beneficiaries survive, (1) they receive equal portions of the sums contained in the trust account and (2) there is no right of survivorship in event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them. (d) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of his estate.

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(e) A right of survivorship arising from the express terms of the account or under this section, a beneficiary designation in a trust account or a P.O.D. payee designation cannot be changed by will. 41A-3805. Effect of Written Notice to Financial Institution . The provisions of Code section 41A-3804 as to rights of survivorship are determined by the form of the account at the death of a party. Once established, the terms of a multiple-party account can be changed only (1) by closing the account and reopening it under different terms or (2) by presentation to the financial institution of a modification agreement in a form satisfactory to the financial institution and signed by all parties with a present right of withdrawal. 41A-3806. Accounts and Transfers Nontestamentary . Any transfers resulting from the application of Code section 41A-3804 are effective by reason of the account contracts involved in this Chapter and are not to be considered as testamentary. 41A-3807. Financial Institution Protection; Payment on Signature of One Party . Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on request, to any one or more of the parties. A financial institution shall not be required to inquire as to the source of funds received for deposit to a multiple-party account, or to inquire as to the proposed application of any sum withdrawn from an account, for purposes of establishing net contributions. 41A-3808. Financial Institution Protection; Payment After Death or Disability; Joint Account . Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded; but payment may not be made to the personal representative or heirs of a deceased party unless proofs of death are presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under Code section 41A-3804.

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41A-3809. Financial Institution Protection; Payment of P.O.D. Account . Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee. 41A-3810. Financial Institution Protection; Payment of Trust Account . Any trust account may be paid, on request, to any trustee. Payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that his or their decedent was the survivor of all other persons named on the account either as trustee or beneficiary unless (1) the financial institution, with respect to a trust account as to which there is only one trustee has received written notice, in a form satisfactory to the financial institution, that the beneficiary has a vested interest not dependent upon his surviving the trustee, or (2) the financial institution, with respect to a trust account as to which there is more than one trustee, has been provided with a copy of an agreement or resolution of all trustees, in a form satisfactory to the financial institution, to the effect that the beneficiary has a vested interest not dependent upon his surviving the trustees. Payment may be made, on request, to a beneficiary or beneficiaries or the heirs or representative of a beneficiary or beneficiaries upon presentation to the financial institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustees. 41A-3811. Financial Institution Protection; Discharge . Payment made pursuant to Code sections 41A-3807, 41A-3808, 41A-3809 or 41A-3810 discharges the financial institution from all claims for amounts so paid whether or

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not the payment is consistent with the beneficial ownership of the account as between parties, P.O.D. payees, or beneficiaries, or their successors. The protection here given does not extend to payments made after a financial institution has received written notice from any party able to request present payment to the effect that withdrawals in accordance with the terms of the account should not be permitted. 41A-3812. Financial Institution Protection; Set-off . Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to set-off is that proportion to which the debtor is, or was immediately before his death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal. Section 9 . Code Chapter 85-10, relative to tenancies in common, as amended, is hereby amended by striking from Code section 85-1001 the word Wherever and inserting in lieu thereof the following: Unless otherwise specifically provided by statute, whenever, so that when so amended, Code section 85-1001 shall read as follows: 85-1001. Definition. Inequality of Shares, Effect of .Unless otherwise specifically provided by statute, whenever two or more persons, from any cause, are entitled to the possession, simultaneously, of any property, a tenancy in common is created. Tenants in common may have unequal shares; they will be held to be equal unless the contrary appears. The fact of inequality shall not give the person holding the greater interest any privileges, as to possession,

Page 1401

superior to the person owning a lesser interest, as long as the tenancy continues. Section 10 . Said Code Chapter 85-10 is further amended by striking from Code section 85-1002 the words Joint tenancy shall and inserting in lieu thereof the following: Unless otherwise specifically provided by statute, joint tenancy shall, so that when so amended, Code section 85-1002 shall read as follows: 85-1002. Joint tenancies abolished .Unless otherwise specifically provided by statute, joint tenancy shall not exist in this State, and all such estates, under the English law, shall be held to be tenancies in common. Section 11 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. GEORGIA CRIME INFORMATION CENTER ACT AMENDED. No. 1356 (Senate Bill No. 494). An Act to amend an Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. L. 1973, p. 1301), so as to provide for the dissemination of certain criminal history record information to certain persons; to provide a fee for such disseminations; to provide for limitations on the use of such information; to provide for conditions of dissemination; to provide for notice to certain persons of dissemination of certain information; to provide immunity for certain persons; to provide for rule-making power in connection therewith; to provide for severability; to repeal conflicting laws; and for other purposes.

Page 1402

Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. L. 1973, p. 1301), is hereby amended by adding following section 3(1) a new subsection to be designated subsection (m), to read as follows: (m) Make records of adjudications of guilt available to private persons and businesses as follows: Records. (1) Make available to employers, for the purpose of making employment and job assignment decisions, records of employees or prospective employees whose duties involve or may involve: (A) Working in or near private dwellings without immediate supervision; (B) Custody or control over or access to cash or valuable items; (C) Knowledge of or access to secret processes, trade secrets or other confidential business information; (D) Insuring the security or safety of other employees, customers or property of the employer. (2) Make available to appropriate personnel of any business or commercial establishment records of persons apprehended for or suspected of a specific criminal act or acts of which such establishment, or an employee of such establishment in the course of his employment, is a victim. (3) GCIC shall charge fees for disseminating records pursuant to this section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the State of providing such disseminations. (4) Information disseminated pursuant to paragraph (1) above shall be available only to persons involved in the

Page 1403

hiring or job assignment of the person whose record is disseminated. Information disseminated pursuant to paragraph (2) above shall be available only to persons involved in deciding whether or not to prefer charges against the person whose record is disseminated or persons engaged in the investigation of such specific criminal act or acts. Any dissemination of any information obtained pursuant to this subsection to any person not specifically authorized hereby to receive it or any use of any information obtained pursuant to this subsection for any purpose other than the purpose for which it was obtained shall constitute a violation of section 7 of this Act. (5) In the event that a decision is made adverse to a person whose record was obtained pursuant to this subsection, the person will be informed by the business or person making such adverse decision of all information pertinent to this decision. This shall include information that a record was obtained from GCIC, the specific contents of such record and the effect that such record had upon the decision. (6) Neither GCIC, its employees, nor any other agency or employee of the State shall be responsible for the accuracy of information or have any liability for defamation, invasion of privacy, negligence of any other claim in connection with any dissemination of information pursuant to this subsection. (7) GCIC shall disseminate records pursuant to paragraph (1) only upon positive identification by fingerprint comparison. GCIC shall disseminate records pursuant to paragraph (2) on fingerprint identification and when fingerprints are unavailable or time prohibits the use of fingerprints for identification, identification may be made through the use of the name, date of birth, sex and race of the person with appropriate qualifications. (8) The GCIC Council is hereby empowered to adopt rules, regulations and forms to implement this subsection and provide for security and privacy of information disseminated pursuant hereto giving first priority to the criminal

Page 1404

justice requirements of the Act. Such rules may include requirements for users, audits of users and such other procedures as may be necessary to prevent unauthorized use of criminal history record information and to insure compliance with federal regulations. No information may be disseminated pursuant to this subsection by any criminal justice agency except GCIC. The GCIC Council may adopt rules authorizing local law enforcement agencies to act as an agent for GCIC in receiving requests for information and disseminating information pursuant to such requests. Section 2 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudicaton shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CONVEYANCE OF LAND TO MRS. ADELE LOUISE TUCKER AUTHORIZED, ETC. No. 115 (Senate Resolution No. 310). A Resolution. Authorizing the conveyance of certain State-owned real property located in Baldwin County, Georgia, to Mrs. Adele Louise Tucker and naming said real property the

Page 1405

Adele Louise Tucker Park upon its reversion to the State; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia, more particularly described as follows: All that tract of land situated, lying and being in Land Lot No. 257 in the 1st Land District of Baldwin County, Georgia, generally located on the western edge of the Central State Hospital grounds, south of the Central of Georgia Railroad spur right-of-way and southwest of the old brick Feed Mill of Central State Hospital, containing two acres, more or less, and being part of a tract of land conveyed from Richard K. Hines to the State of Georgia, dated October 6, 1838, and recorded in Baldwin County, Georgia, Deed Book 24, pages 153 and 154, and being more particularly described as follows: Beginning at a corner, described in a survey of Central State Hospital property by Calvin W. Rice, dated August 15, 1969, said corner being common to Central State Hospital, Laura Spikes and Taylor Hudson (now Wright), said corner is further described as being S44 50[UNK]W-676.3[UNK] from an established corner marked now by a 2[UNK] iron pipe in persimmon stump hole, common corner with Hall. Thence running S46 47[UNK]E along line common with Wrightto the west side of existing roadway; Thence running along said west edge of roadway to the right-of-way of the Central of Georgia Railroad Spur; Thence in a westerly direction along said southern right-of-way line to the Central State Hospital boundary line; Thence S44 50[UNK]W to the point of beginning.; and Whereas, Mrs. Adele Louise Tucker had been a militant suffragette and later a prosperous business woman before her husband illegally had her committed to the State Hospital for the Insane in Milledgeville, Georgia, on March 15, 1930; and Whereas, by the time Mrs. Tucker was finally able to

Page 1406

win her release from said hospital on June 18, 1947, her husband had died after having stolen all of Mrs. Tucker's property; and Whereas, upon her release Mrs. Tucker worked as a cashier in a dry cleaning plant to support herself and moved into a trailer on State property near the Milledgeville State Sanitarium; and Whereas, the Superintendent of the State Hospital allowed Mrs. Tucker to remain on said property from the time of said release until the present; and Whereas, Mrs. Tucker, at the age of 96, desires to continue to remain on said property until her death; and Whereas, said property is not now being used by the State 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 and directed to convey to Mrs. Adele Louise Tucker a life estate in the above described property for and in consideration of the moral obligation of the State and $10, said property to revert back to the State upon Mrs. Tucker's death and thereafter to be designated the Adele Louise Tucker Park. Be it further resolved that the Governor, acting for and on behalf of the State of Georgia, be and is 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. Approved March 31, 1976.

Page 1407

EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDDEPARTMENT OF NATURAL RESOURCESCERTAIN EMPLOYEES. No. 1357 (Senate Bill No. 500). An Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved April 25, 1975 (Ga. L. 1975, p. 1499), so as to entitle Deputy Conservation Rangers employed by the Department of Natural Resources to certain payments for a disability due to an act of external violence or injury incurred in the line of duty; to change certain provisions relative to mandatory retirement ages for certain 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 establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved April 25, 1975 (Ga. L. 1975, p. 1499), is hereby amended by adding the following new subparagraphs following the third subparagraph of paragraph (b) of subsection (3) of section 5 thereof: Provided, further, that any employee of the Department of Natural Resources commissioned as a Deputy Conservation Ranger 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 the line of law enforcement 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 percent of the service allowance that would have been payable to the member had

Page 1408

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 law enforcement duty, shall receive a monthly supplemental benefit which shall be in the amount of $5 per month for each year of creditable service as an employee of the Department of Natural Resources who has been commissioned as a Deputy Conservation Ranger. Such additional monthly supplemental benefit shall in no event exceed $150 per month. In lieu of the foregoing, any member so disabled in the line of law enforcement duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 percent 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 as a Deputy Conservation Ranger until his mandatory retirement age. Section 2 . Said Act is further amended by striking from subsection (c) of section 15A that sentence thereof which read as follows: The above mandatory retirement ages may be waived for a Conservation Ranger by the Board of Natural Resources or for an alcohol and tobacco officer or agent by the Commissioner of the Department of Revenue as necessary to permit such members who entered service in his respective department on or before December 31, 1964, to complete service sufficient to provide them with twenty-five years of total creditable service., and inserting in lieu thereof the following sentence:

Page 1409

The above mandatory retirement may be waived for a Conservation Ranger by the Board of Natural Resources or for an alcohol and tobacco officer or agent by the Commissioner of the Department of Revenue as necessary to permit such members who entered service in his respective department on or before June 30, 1965, to complete service sufficient to provide them with twenty-five years of total creditable service. Section 3 . This Act shall become effective when funds are appropriated or otherwise made available to carry out the purposes and provisions of this Act. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. EASEMENT TO THE BRANIGAR ORGANIZATION, INC. AUTHORIZED. No. 116 (Senate Resolution No. 339). A Resolution. Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to The Branigar Organization, Inc., an Illinois corporation authorized to do business in Georgia, an easement for the construction, operation and maintenance of a community marina including the right to erect, install, repair, remove and replace piers, docks, dolphins and appurtenances thereto in, on, over, across or under certain property owned or claimed by the State, situate in the Wilmington River, Chatham County, Georgia, and authorizing the removal of material from said State property in the construction of the harbor basis and the conveyance of such material to The Branigar Organization, Inc., and for other purposes.

Page 1410

Whereas, The Branigar Organization, Inc. proposes to construct a community marina on the Wilmington River in Chatham County, Georgia, at The Landings on Skid-away Island, an existing residential community for an anticipated 1,500 families on Skidaway Island, Georgia; and Whereas, said marina facilities will include piers, docks, dolphins, pilings, a basin and appurtenances thereto, located partially on lands owned or claimed by the State, and The Branigar Organization, Inc. desires a long-term easement from the State over such lands in order to construct, operate and marina facilities; and Whereas, The Coastal Marshalands Protection Committee of the Georgia Department of Natural Resources on December 3, 1975, approved the application of The Branigar Organization, Inc. and issued to it a permit to construct, operate and maintain said community marina in the location of the easement area and on adjacent lands of The Branigar Organization, Inc., and which facility is the subject of U. S. Army Corps of Engineers permit application No. SASKS 074 OYN 003298; and Whereas, the grant of such easement by the General Assembly of Georgia would be in the public interest, and the State of Georgia is willing to grant and convey an irrevocable easement and convey certain river bottom material in the construction of the harbor basin in consideration of the monetary sums specified herein and for the further consideration of the easement containing such terms and conditions as the State Properties Commission 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 One Thousand ($1,000.00) Dollars, the State Properties Commission, for and on behalf of the State of Georgia, is hereby authorized to convey to The Branigar Organization, Inc., an Illinois corporation

Page 1411

authorized to do business in Georgia, its successors and assigns, an easement with the right and privilege to use, occupy, employ and enjoy for the purposes of constructing, operating and maintaining a community marina, and of installing, repairing, removing and replacing piers, docks, dolphins, pilings, appurtenances thereto and all facilities and improvements that shall be reasonably for or in connection therewith, and of dredging the river bottom and the intertidal area on the South bank of the Wilmington River hereinafter more fully described, in the construction of the harbor basin, subject always to the initial and continuing compliance by The Branigar Organization, Inc. with all applicable laws pertaining to the subject matter hereof and the properties affected hereby, and subject always to the use and enjoyment by the public of any navigable waters involved herein, over, under, upon and across the following described property, to wit: All that certain tract or parcel of land situate, lying and being at Priest Landing on the Wilmington River, Skid-away Island, Chatham County, Georgia, containing 4.6 acres, more or less, and being more particularly described as follows: Commencing at a concrete monument located on the high ground adjacent to the Wilmington River on the dividing line between lands of the Ocean Science Center of the Atlantic and lands of The Branigar Organization, Inc.; running thence North 8105[UNK] East a distance of 40 feet, more or less, to the high water line or mark of the Wilmington River and the Point of Beginning; continuing thence North 8105[UNK] East a distance of 260 feet to a point in the Wilmington River; running thence South 2525[UNK] East a distance of 742 feet to a point; running thence South 4209[UNK]30[UNK] West a distance of 195 feet, more or less, to the high water line or mark of the Wilmington River; and running thence along the high water line or mark of the Wilmington River in a Northwesterly direction a distance of 890 feet, more or less, to the Point of Beginning. All as will more fully appear by reference to that certain

Page 1412

plat of said property dated December 15, 1975, made by Thomas Hutton Engineering Co., entitled Plat of a Portion of Priest Landing on Skidaway Island, Chatham County, Georgia, a copy of which is on file in the Office of the Commissioner of the Georgia Department of Natural Resources. Be it further resolved that The Branigar Organization, Inc. is authorized to dredge and remove approximately twenty thousand (20,000) cubic yards of material from the river bottom of the Wilmington River in construction of said marina harbor basin in accordance with the plans and specifications attached to its application to the Coastal Marshlands Protection Committee of the Georgia Department of Natural Resources and on file in the Office of the Commissioner of the Georgia Department of Natural Resources and to which reference is hereby expressly made, for such consideration as the State Properties Commission shall determine to be in the best interests of the State of Georgia but in no case to be less than Two Hundred Fifty ($250.00) Dollars. Be it further resolved that upon ascertaining that the sum of One Thousand ($1,000.00) Dollars for said easement and the sum determined by the State Properties Commission, no less than Two Hundred Fifty ($250.00) Dollars, for the dredged material has been paid into the State Treasury as set forth in this Resolution, the State Properties Commission, acting for and on behalf of the State of Georgia, be and is authorized and empowered to execute and deliver said easement and conveyance of dredged material and other written instruments that may be necessary for said purposes and said easement and conveyance of dredged material shall be in such form as may be necessary to carry out the provisions of this Resolution and originate record chain of title to the easement and conveyances herein authorized. Be it further resolved that said easement is made only for the purposes aforesaid and shall continue only so long as The Branigar Organization, Inc., its successors or assigns,

Page 1413

continue to maintain and operate said marina facilities, and should said facilities be abandoned or the use thereof discontinued, said easement shall terminate. Approved March 31, 1976. NEW CAR WARRANTYABILITY TO SUSTAIN CERTAIN SHOCK PROVIDED. No. 1358 (Senate Bill No. 501). An Act to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, approved April 1, 1971 (Ga. L. 1971, p. 373), as amended, so as to substitute a different standard of safety concerning the ability to sustain shock; to limit the application of the Act to new automobiles; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, approved April 1, 1971 (Ga. L. 1971, p. 373), as amended, is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2, to read as follows: Section 2. Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in the State of Georgia, shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system conforming to all Federal motor vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the Federal safety standard certification label affixed to the automobile.

Page 1414

Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Effective date. Approved March 31, 1976. CERTAIN REPORTS REQUIRED OF NONPROFIT CONTRACTORS WHO CONTRACT WITH STATE AGENCIES, ETC. No. 1359 (Senate Bill No. 536). An Act to require State agencies to require certain reports and agreements from nonprofit contractors who contract with and receive public funds from the State agency; to provide definitions; to specify the contracts subject to the provisions of this Act; to provide exceptions; to require such nonprofit contractors to submit certain financial information to the State agency; to require such nonprofit contractors to submit annual summaries of activities and services; to prohibit certain activities by such nonprofit contractors; to provide for rules; to prohibit the transfer of public funds under certain circumstances to provide penalties; to require State agencies to report certain information to certain persons; to provide for the pre-emption of certain provisions of this Act by federal law or 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 . For the purpose of this Act, unless the context otherwise clearly requires, the term: (a) State agency means the State or any of its departments, boards, bureaus, commissions, authorities or other

Page 1415

agencies. The term State agency shall not include agricultural commodity commission created pursuant to the Georgia Agricultural Commodities Promotion Act (Ga. L. 1969, p. 763), as now or hereafter amended. (b) Nonprofit contractor means any individual, partnership, corporation, association, organization or similar entity which contracts with and receives public funds from a State agency to provide services on a nonprofit basis. The term nonprofit contractor shall include only those entities no part of the income or profit of which is distributable to its members, directors, officers or any other private person. The term nonprofit contractor shall not include the federal government, state or local governments or school systems or their agencies but shall include Area Planning and Development Commissions (APDC's), Cooperative Education Services Agencies (CESA's), and Community Action Agencies. Section 2 . (a) Except as provided in subsection (b), all contracts between a nonprofit contractor and a State agency shall be subject to the provisions of this Act. (b) The provisions of this Act shall not apply to the following: (1) contracts entered into after competitive bids including amendments thereto; and (2) individual employment contracts. Section 3 . (a) A State agency before entering into a contract with a nonprofit contractor shall require the contractor to: (1) furnish the State agency, within 90 days after execution of a contract, with a certified financial statement of the nonprofit contractor's total receipts and expenditures for the previous year, including an individual listing of each employee and his salary and expenses, a listing of the sources of income of the nonprofit contractor by category, and a listing of the source of all public funds received by the nonprofit contractor and the program for which received;

Page 1416

(2) agree in writing to furnish annually the State Auditor and State agency with the report of an independent auditor covering the nonprofit contractor's total receipts and expenditures for the nonprofit contractor's previous fiscal year, which report, unless otherwise provided in State law, shall contain at least the information required by the Code of Federal Regulations, Title 34, Part 256 (hereinafter referred to as 34 CFR Part 256), Appendix G Standards for Grantee Financial Management Systems, Subparagraph 2.h as it exists on the effective date of this Act, and including in such report an individual listing of each employee and his salary and expenses; (3) agree in writing to provide on an annual basis, a summary statement, for each contracted program, of the services delivered, number of people served, and such other information as the State agency shall require, a copy of which shall be furnished to the State Auditor; and (4) agree in writing to refrain from political activities, including endorsement of any political candidate or party, use of machinery, equipment, postage, stationery, or personnel in behalf of any candidate or any question of public policy subject to a referendum, or the display of political posters, stickers, or other printed material. (b) Where, during the nonprofit contractor's previous fiscal year, unless otherwise provided in State law, either (1) there were in operation contracts from more than one State agency but no contracts or grants were in operation from any federal agency, then the reports required by Sections 3(a) (2) and 3(a) (3) prepared for the State agency with the predominant interest, as designated by the State Auditor, shall be accepted by the other State agency as fulfilling such requirements; or (2) there were in operation contracts from one or more State agencies and contracts or grants from one or more federal agencies and the nonprofit contractor was required to provide reports to the federal agencies which substantially

Page 1417

comply with the requirements of Section 3(a) (2) and 3(a) (3), then the State agency shall accept such reports as fulfilling such requirements. (c) The State Auditor shall adopt by rule specific standards and forms for the annual financial audit required in 3(a) (2). (d) No State agency shall transfer to a nonprofit contractor any public funds from any source if the nonprofit contractor does not comply with the requirements of this section. (e) A State agency may require, in accordance with law, nonprofit contractors to submit reports in addition to those required by this Act and may require nonprofit contractors to meet requirements in addition to those specified by this Act. (f) A nonprofit contractor shall furnish the State Auditor and the State agency with the financial audit required by section 3(a) (1) and the summary statement required by section 3(a) (2) within ninety days after the end of the annual reporting period. Section 4 . (a) A nonprofit contractor which receives public funds from a State agency pursuant to a contract with the State agency and which after having received such funds does not comply with the provisions of this Act shall be required to repay all such funds to the State agency and shall be prohibited from receiving funds from any State agency for a period of twelve months from the date of notification by the State agency of the failure to comply. (b) This section shall be cumulative to any other penalties applicable to the misuse of public funds. (c) The prohibition against receiving funds from any State agency contained in subsection (a) shall not apply to grants to Cooperative Education Service Agencies (CESA's) under section 36 of the Adequate Program for Education

Page 1418

in Georgia Act (Ga. Laws 1974, p. 1045), as now or hereafter amended, or HUD-701 Planning Grants to Area Planning and Development Commissions. Section 5 . Each State agency prior to each regular session of the General Assembly shall submit to the members of the House and Senate Appropriations Committees a report containing the following information for the preceding fiscal year: (a) the name of and address of each nonprofit contractor with which the State agency contracted; and (b) the amount of public funds received by the nonprofit contractor from the State agency. Section 6 . The certified financial statements, financial audits, and summary statements required by this Act shall be public records and shall be made available for public inspection during regular office hours. Section 7 . Any provisions of this Act in conflict with federal law or regulations applicable to a particular nonprofit contractor and which would cause such nonprofit contractor to lose federal funds shall not apply to such nonprofit contractor. Section 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976.

Page 1419

FULTONDeKALB HOSPITAL AUTHORITY STUDY COMMITTEE CREATED. No. 117 (Senate Resolution No. 363). A Resolution. Creating the Fulton-DeKalb Hospital Authority Study Committee; and for other purposes. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Fulton-DeKalb Hospital Authority Study Committee. The Committee shall 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 of Representatives. The Chairmen of the Senate and House Appropriations Committees, the Chairman of the Senate Human Resources Committee and the Chairman of the House Health and Ecology Committee, or their designees, shall also serve as members of the Committee. The Committee shall be 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 exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution fully and adequately. 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, but shall receive the same for not more than ten days unless extended by the President of the Senate and the Speaker of the House of Representatives. All funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or otherwise available to the legislative branch of government. The Committee shall make a report of its findings and recommendations, with the suggestion of proposed legislation, if any, to the 1977 Session of the General Assembly at which time the Committee shall stand abolished. Approved March 31, 1976.

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COUNTY BOARDS OF HEALTH AUTHORIZED TO CONTRACT, ETC. Code 88-204 Amended. No. 1361 (Senate Bill No. 562). An Act to amend Code section 88-204, relating to the powers of county boards of health, as amended, particularly by an Act approved March 10, 1966 (Ga. L. 1966, p. 380), so as to authorize county boards of health to make contracts and establish fees for the purpose of providing mental and other public health services; to provide no person shall be denied services on the basis of inability to pay; to provide that the scope of services, operating details, contracts and fees adopted by the county board of health shall be subject to the approval of the District Director of Health; 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 88-204, relating to the powers of county boards of health, as amended, particularly by an Act approved March 10, 1966 (Ga. L. 1966, p. 380), is hereby amended by striking subsection (f) in its entirety, which reads as follows: (f) Make contracts and establish and accept fees for the purpose of providing mental health diagnostic and treatment services and for providing, under direction and supervision of attending physicians, home health care services for the chronically ill and for the chronically ill and aged for such period of time that such home health care services are not available; provided, however, that any person otherwise eligible for such services, but being financially unable to pay all or any part of the fee, shall be afforded the same services as provided for fee patients, and provided further, that the scope of services, operating details, contracts and fees first shall have been approved by the Board of Health of the Department of Public Health.,

Page 1421

and inserting in lieu thereof a new subsection (f), to read as follows: (f) Make contracts and establish fees for the purpose of providing mental and other public health services. No person shall be denied services on the basis of his inability to pay. The scope of services, operating details, contracts and fees approved by the county board of health shall also be approved by the District Director of Health. Code 88-204 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 31, 1976. DRIVERS' LICENSESMINORSIDENTIFICATION CARDS. Code 68B-207 Amended. No. 1362 (Senate Bill No. 583). An Act to amend Code section 68B-207, relating to the application for the issuance of drivers' licenses of persons under 18 years of age, so as to provide for distinctive drivers' licenses issued to such applicants; to amend an Act providing for the issuance of identification cards to handicapped persons by the Department of Public Safety, approved April 17, 1973 (Ga. L. 1973, p. 807), so as to provide for the issuance of such identification cards to all persons who do not have a motor vehicle driver's license; to provide that such identification cards issued to applicants under 18 years of age shall contain the distinctive characteristics required for holders of drivers' licenses under 18 years of age; 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 68B-207, relating to the application for the issuance of drivers' licenses of persons under 18 years of age, is hereby amended by adding at the end thereof the following: The Department shall, by rule and regulation, provide that all licenses issued to applicants under 18 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 18 years of age, the holder of any such distinctive license may, by complying with Code section 68B-212, obtain a duplicate or substitute license which shall not be distinctive. Code 68B-207 amended. Section 2 . An Act, providing for the issuance of identification cards to handicapped persons by the Department of Public Safety, approved April 17, 1973 (Ga. L. 1973, p. 807), is hereby amended by striking from the first sentence of section 1 the word handicapped, and by adding between the first and second sentences thereof the following: Cards issued to applicants under 18 years of age shall contain the distinctive characteristics of those drivers' licenses issued pursuant to Code section 68B-207., so that when so amended, section 1 shall read as follows: Section 1. The Department of Public Safety shall issue personal identification cards to persons who do not have a motor vehicle drivers' license and who make application to the Department in accordance with rules and regulations prescribed by the Commissioner of Public Safety. Cards issued to applicants under 18 years of age shall contain the distinctive characteristics of those drivers' licenses issued pursuant to Code section 68B-207. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall include the following information: Identification cards.

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(a) full legal name, (b) address of residence, (c) birthdate, (d) date identification card was issued, (e) sex, (f) height, (g) weight, (h) eye color, (i) post where the identification card was issued, (j) signature of person identified. The identification card shall bear the signature of the Commissioner of Public Safety and the Governor and shall bear an identification card number which shall be the same as the social security number of the person identified. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CAMPAIGN AND FINANCIAL DISCLOSURE ACT AMENDEDREPORTS, ETC. No. 1363 (Senate Bill No. 609). An Act to amend the Campaign and Financial Disclosure Act, approved March 5, 1974 (Ga. L. 1974, p. 155), as amended by an Act approved April 24, 1975 (Ga. L. 1975, p. 1120), so as to change certain of the provisions thereof relating to the filing of campaign disclosure reports; to

Page 1424

provide for additional content of such reports; to require reports pertaining to special elections; to extend the terms of office of the present members of the State Ethics 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 . The Campaign and Financial Disclosure Act, approved March 5, 1974 (Ga. L. 1974, p. 155), as amended by an Act approved April 24, 1975 (Ga. L. 1975, p. 1120), is hereby amended by striking in its entirety section 6 and substituting in lieu thereof a new section 6 to read as follows: Section 6. Campaign Financing Disclosure Reports To Be Filed . The Chairman or Treasurer of every campaign committee organized to bring about the nomination of a candidate for any office provided for in section 2, except county and municipal offices, shall file with the Secretary of State `Campaign Financing Disclosure Reports'. All candidates seeking any office provided for in section 2, except county and municipal candidates, shall file in addition a copy of their reports with the office of the probate judge in the county of residence of the candidate. Candidates for county office shall file their `Campaign Financing Disclosure Reports' with the office of the probate judge in the respective county of election. Candidates for municipal office shall file their reports with the municipal clerk in the respective municipality of election or, if there be no clerk, then with the chief executive officer of the municipality. In the event a candidate for county or municipal office has no opposition for nomination or election, such report shall also be filed with the Secretary of State. All reports shall list the following: (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,

Page 1425

luncheons, rallies and similar fund raising events within said period. (b) The name and mailing address and occupation or place of employment of any person to whom an expenditure is made and the amount and general purpose of such expenditure. (c) The name and mailing address and occupation or place of employment of any person or persons who co-sign 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 or special election campaign shall make such reports 15 days prior to the general or special election and all candidates shall make a final campaign disclosure report not 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. Where a candidate or campaign committee has accepted contributions or made expenditures prior to the effective date of this Act, the reports required by this section shall include such information as the records of the candidate or his committee show, and such information as is otherwise

Page 1426

known to the candidate or members of his committee, regarding such prior contributions and expenditures. 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 2 . Said Act is further amended by inserting after the word State, as it appears in subsection (g) of section 3, the following: or office of the probate judge or municipal clerk, so that when so amended, said subsection (g) shall read as follows: (g) `Campaign Financing Disclosure Report' means a written report filed with the Secretary of State or office of the probate judge or municipal clerk 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 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. Definition. Section 3 . Said Act is further amended by inserting in subsection (4) of section 5, after the word amount the word and general purpose, so that when so amended, section 5 shall read as follows: Section 5. Record of Contributions and Expenditures . It shall be the duty of the Chairman or Treasurer of any campaign committee which accepts contributions or makes expenditures on behalf of a candidate for the offices provided for in section 2 to keep a detailed and exact account of:

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(1) The amounts of all contributions made to the campaign committee. (2) The name and mailing of every person making any contributions and the amount of such contributions. (3) All expenditures made by the candidate or the campaign committee. (4) The name and mailing address of every person to whom an expenditure is made and the amount and general purpose thereof. Section 4 . Said Act is further amended by adding at the end of section 8 the following: It shall be the duty of the probate judge, the municipal clerk or chief executive officer to make `Campaign Financing Disclosure Reports' filed with him available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. Such officials shall have the authority to charge a fee for copying of such reports not to exceed the actual costs thereof. Said officials shall preserve reports filed with them for a period of two years from the date upon which they are received. Said officials shall notify the State Ethics Commission in writing within ten days of the time of the required report filing of: Public inspection. (1) candidates who have qualified for the election in question; (2) candidates who have not filed required campaign disclosure reports as required by law in the election in question. The probate judge, municipal clerk or chief executive officer of the municipality shall immediately notify the State Ethics Commission when they shall receive any complaint against any candidate offering for any office specified in section 2 and forward the Commission a copy of the complaint. In the event any complaint is against a county or municipal candidate, a copy of the reports filed by such

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candidate will be forwarded to the Commission along with the complaint. The probate judge in each county and the municipal clerk or chief executive officer in each municipality, if there be no clerk, has the duty to inspect each report filed with him by candidates for county or municipal office for conformity with the law, and to notify the candidate immediately if the report does not conform with the law, is unsigned, or is otherwise in technical violation of filing requirements. Section 5 . Said Act is further amended by striking from subsection (b) of section 9 the following: one, two, three, four and five, and substituting in lieu thereof the following: two, three, four, five and six, respectively, so that when so amended, subsection (b) of section 9 shall read as follows: (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 two years; one member shall be appointed by the Lieutenant Governor for an initial term of office of three years; one member shall be appointed by the Speaker of the House of Representatives for an initial term of office of four 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 five years and six 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 duly appointed and qualified. If a vacancy occurs in the membership of the Commission, a new member shall be appointed

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to the unexpired term of office by the State official who appointed the vacating member. Commission. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. MUNICIPAL HOME RULE ACT OF 1965 AMENDED. No. 1365 (Senate Bill No. 666). An Act to amend an Act known as the Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. L. 1965, p. 298), as amended, so as to provide that the charter of any city-county consolidated government which was in existence on a certain date may not be amended at the local level pursuant to said Municipal Home Rule 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 Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. L. 1965, p. 298), as amended, is hereby amended by adding a new subsection (c) at the end of section 3 to read as follows: (c) Any other provisions of this Act to the contrary notwithstanding, the provisions of subsection (b) of this section shall not apply to any city-county consolidated government in existence on January 1, 1976, and any such city-county consolidated government shall not be authorized to amend its consolidated government charter pursuant to subsection (b) of this section.

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Section 2 . This Act shall become effective on December 31, 1977. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. ACT AMENDED RELATING TO CRIMES INVOLVING DANGEROUS INSTRUMENTALITIES. Code Chapter 26-29 Amended. No. 1367 (Senate Bill No. 673). An Act to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to change the provisions relating to carrying a concealed weapon; to change the provisions relating to penalties; to provide for exceptions; to change the provisions relating to knives and firearms; to change the provisions relating to deadly weapons at public gatherings; to change the provisions relating to the crime of carrying a pistol without a license; to change the penalties for carrying a pistol without a license; to change the provisions, practices, procedures, fees and requirements relative to licenses to carry pistols or revolvers; to provide for forms; to provide that no license shall be granted to certain persons; to provide for other matters relative to the foregoing; to provide an effective date; to provide for continuing licenses in effect which were issued prior to the 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 Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, is hereby amended by striking Code section 26-2901

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in its entirety and inserting in lieu thereof a new Code section 26-2901, to read as follows: 26-2901. Carrying a concealed weapon . A person commits the crime of carrying a concealed weapon when he knowingly has or carries about his person, outside of his home, or place of business, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character, except as hereinafter permitted under this section. Upon conviction of the crime of carrying a concealed weapon, he shall be punished as follows: (a) for the first offense, he shall be guilty of a misdemeanor and, upon conviction, he shall be punished by imprisonment for not more than 12 months and may be fined in an amount not to exceed $1,000; (b) for the second offense, and for any subsequent offense, he shall be guilty of a felony and, upon conviction, shall be imprisoned for not less than one year and not more than five years. The provisions of this section shall not, outside of his home, motor vehicle, or place of business, permit the carrying of a pistol revolver, or concealable firearm by any person unless he has on his person a valid license issued under Code section 26-2904, and such pistol, revolver or firearm may only be carried in a shoulder or waist belt holster, hipgrip or any other similiar device, handbag, purse, attache case, brief case or other closed container. Carrying on the person in a concealed manner other than as provided herein shall not be permitted and shall be a violation of this section. The provisions of this section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under section 26-2904, provided such firearm is enclosed in a case, unloaded, and separated from the ammunition therefor. The provisions of this section shall not forbid the transportation of a loaded firearm in any private passenger motor vehicle in an open

Page 1432

manner and fully exposed to view or in the glove compartment of said vehicle. Section 2 . Said Code chapter is further amended by striking Code section 26-2902 in its entirety and substituting in lieu thereof a new Code section 26-2902, so that section 26-2902 shall read as follows: 26-2902. Deadly weapons at public gatherings . A person commits a misdemeanor when he carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. For the purpose of this section, `public gathering' shall include, but shall not be limited to: athletic or sporting events, schools or school functions, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Provided, however, that this section shall not apply to competitors participating in organized sport shooting events. Provided, however, law enforcement officers, judges, and district attorneys may carry pistols in publicly owned or operated buildings. Section 3 . Said Code Chapter is further amended by striking Code section 26-2903 in its entirety and inserting in lieu thereof a new Code section 26-2903, to read as follows: 26-2903. Carrying pistol without license . A person commits the crime of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or to persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when said persons have the permission of the owner of the land on which said activities are being conducted, and further provided that the pistol or revolver,

Page 1433

whenever loaded, shall be carried only in an open and fully exposed manner. Upon conviction of the crime of carrying a pistol without a license, he shall be punished as follows: (a) for the first offense, he shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than 12 months and may be fined in an amount not to exceed $1,000; (b) for the second offense, and for any subsequent offense, he shall be guilty of a felony and, upon conviction, shall be imprisoned for not less than one year nor more than five years. Section 4 . Said Code Chapter is further amended by striking Code section 26-2904 in its entirety and inserting in lieu thereof a new Code section 26-2904, to read as follows: 26-2904. License to carry pistol or revolver . (a) The judge of the probate court of each county may, on application under oath and on payment of a fee of fifteen dollars, issue a license, either in term time or during vacation, valid for a period of three years, to residents of that county, authorizing them to carry any pistol or revolver. Applicants shall submit the application for a license to the judge of the probate court on forms prescribed and furnished free of charge to such persons wishing to apply for the license. Forms shall be designed to elicit information from the applicant pertinent to his eligibility under this section, but shall not require nonpertinent nor irrelevant data such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Act. Such forms shall be furnished to each judge of each probate court within the State at no cost. No license shall be granted to: (1) any person under 21 years of age; (2) any person who is a fugitive from justice or against

Page 1434

whom proceedings are pending for any felony, forcible misdemeanor or violation of sections 26-2901, 26-2902 or 26-2903 of this Chapter until such time as the proceedings are adjudicated; or (3) any person who has been convicted of a forcible felony and has not been free of all restraint or supervision in connection therewith for at least ten years, or any person who has been convicted of a forcible misdemeanor or a nonforcible felony and has not been free of all restraint or supervision in connection therewith for at least five years, or any person who has been convicted of a violation of sections 26-2901, 26-2902 or 26-2903 of this Chapter and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application. If an individual has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his application it shall be at the discretion of the probate judge considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient to issue the license. Following completion of the application the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then make one set of classifiable fingerprints of such applicant for a license to carry a pistol or revolver, and shall also place the fingerprint required by subsection (d) on a blank license from which has been furnished to the law enforcement agency by the judge of the probate court and shall place the name of the applicant on such blank license form. No fee shall be charged the applicant by the sheriff's department or law enforcement agency for this service. (b) Each law enforcement agency, upon receiving such application and obtaining such fingerprints, shall promptly conduct a through search of their records and records to which they have access, and shall notify the judge of the

Page 1435

probate court within 20 days, by telephone and in writing, of any findings relating to the applicant which may bear on his eligibility for a license under the terms of this section. When no derogatory information is found on the applicant bearing on his eligibility to obtain a license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than thirty days after the date of the application the judge of the probate court shall issue the applicant a license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications and is of good moral character and has complied with all the requirements contained herein. (c) If at any time during the period for which the license was issued, the judge of the probate court of the county wherein said license was issued shall learn or have brought to his attention in any manner any reasonable ground to believe the licensee is not eligible to retain the said license, the judge may, after notice and hearing, revoke the license of the person upon adjudication of falsification of application, mental incompetency, chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code sections 26-2901, 26-2902 or 26-2903. It shall be unlawful for any person to possesss a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of their official duties, shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. It shall be required that any license holder under this section shall have in his possession his valid license whenever he is carrying a pistol or revolver under the authority granted by this section, and his failure to do so shall be prima facie evidence of a violation of section 26-2903. Loss of any license issued in accord with this section, or damage to such license in any manner which shall render it illegible, shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for,

Page 1436

and shall take custody of, and destroy, a damaged license; and in any case in which a license has been lost, he shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. A fee of three dollars shall be charged by the judge for such services. (d) Licenses issued as prescribed in this section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3[UNK] inches long, and 2[UNK] inches wide. Each shall be serially numbered within the county of issuance, and shall bear the full name, actual residence address, birthdate, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used, but shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, the probate court in which issued, and shall be signed by the licensee and bear the signature or facsimile thereof the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code section 26-2902, as amended. (e) Deliberate alteration or the counterfeiting of such a license card shall constitute a felony, and upon conviction, shall be punishable by imprisonment for a period of not less than one nor more than five years. Section 5 . This Act shall apply to all licenses to carry a pistol issued or renewed on and after July 1, 1976. Any such licenses issed before such date, which are valid, are hereby continued in force and effect until the date of their expiration as shown on such licenses. 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

Page 1437

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 orginally a part thereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. DISCHARGING FIREARMS ON SUNDAY PROHIBITION AMENDED. No. 1370 (Senate Bill No. 697). An Act to amend an Act providing that it shall be unlawful for any person to fire or discharge any firearm on Sunday with certain exceptions, approved April 10, 1968 (Ga. L. 1968, p. 1246), so as to change the provisions relative to exceptions; 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 person to fire or discharge any firearm on Sunday with certain exceptions, approved April 10, 1968 (Ga. L. 1968, p. 1246), is hereby amended by striking from section 1 the following language: by the sheriff or police chief of the county or municipality in which the firing range is located and which is supervised by law enforcement officers or, and inserting in lieu thereof the following:

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and supervised by, so that when so amended section 1 shall read as follows: Section 1. It shall be unlawful for any person to willfully or wantonly fire or discharge a firearm on Sunday. The provisions of this Act shall not apply to (1) persons who shall fire or discharge a firearm in defense of person or property; (2) law enforcement officers; and (3) persons who shall fire or discharge a firearm at a firing range approved and supervised by representatives of a local, State or national gun club. The provisions of this Act shall not apply to any landowner on his own land. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. PROPERTYCERTAIN RIGHT OF SURVIVORSHIP BETWEEN JOINT TENANTS PROVIDED. Code Chapter 85-10 Amended. No. 1372 (Senate Bill No. 489). An Act to amend Code Chapter 85-10, relative to tenancy in common, as amended, so as to provide for right of survivorship between joint tenants under certain conditions; to change the provisions relative to tenancies in common; to provide exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 85-10, relative to tenancy in common, as amended, is hereby amended by striking Code section 85-1001 in its entirety and and inserting in lieu thereof a new Code section 85-1001 to read as follows: 85-1001. Definition. Inequality of shares, effect of .Except as otherwise provided in Code section 22-5107, relative to joint tenancy of shares and securities of corporations, and in Code section 41A-1603, relative to joint deposits,

Page 1439

wherever two or more persons, from any cause, are entitled to the possession, simultaneously, of any property, a tenancy in common is created, unless the document or instrument provides otherwise. Tenants in common may have unequal shares; they will be held to be equal unless the contrary appears. The fact of inequality shall not give the person holding the greater interest any privileges, as to possession, superior to the person owning a lesser interest, as long as the tenancy continues. Section 2 . Said Act is further amended by striking Code section 85-1002 in its entirety and inserting in lieu thereof a new Code section 85-1002 to read as follows: 85-1002. Tenancy in common; joint tenants .Deeds and other instruments of title, including any in which one person conveys to himself and one or more other persons, any in which two or more persons convey to themselves, or to themselves and another or others, and wills, taking effect after January 1, 1977, may create a joint interest with survivorship in two or more persons. Any instrument of title in favor of two or more persons shall be construed to create interests in common without survivorship between or among the owners unless the instrument expressly refers to the takers as `joint tenants', `joint tenants and not as tenants in common', or `joint tenants with survivorship', or as taking `jointly with survivorship'. Any instrument using one of the forms of expression referred to in the preceding sentence, or language essentially the same as one of these forms of expression, shall create a joint tenancy estate or interest that may be severed as to the interest of any owner by his lifetime transfer of all or a part of his interest. The provisions of this section shall in no way affect, repeal or be applicable to the provisions of Code section 22-5107, relative to joint tenancy of shares and securities of corporations, and Code section 41A-1603, relative to joint deposits. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1976.

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MOTOR VEHICLE, FARM MACHINERY, AND CONSTRUCTION EQUIPMENT FRANCHISES PRACTICE ACT. Code Title 84 Amended. No. 1373 (Senate Bill No. 594). An Act to comprehensively revise and codify the laws of this State regulating motor vehicle franchises, farm machinery franchises, and construction equipment franchises; to amend Code Title 84, relating to professions, businesses, and trades, so as to codify the laws relating to motor vehicle, construction equipment and farm machinery franchises, including the regulation of manufacturers, factory branches and divisions, distributors, distributor branches and divisions, wholesalers, wholesaler branches and divisions, and their respective representatives, and dealers doing business in the State of Georgia, as Code Chapter 84-66; to provide for a title; to provide for a declaration of public policy; to provide for definitions; to create a Franchise Practices Commission, the qualification, appointment, and compensation of its members, its powers, and operations; to provide for unauthorized acts, crimes, and penalties; to establish requirements for licensure by the Commission; to provide for an agent for service of process; to provide for the staff and employees of the Commission; to provide fees for licensure by the Commission; to provide for grounds for denial, censure, suspension, or revocation of a license; to provide that the Commission may discipline those licensed by it and to establish the grounds and procedures for such discipline; to provide for civil damages; to provide for severability; to repeal the Motor Vehicle Franchise Practices Act, approved February 28, 1974 (Ga. L. 1974, p. 134), as amended by an Act approved April 18, 1975 (Ga. L. 1975, p. 911), and an Act approved April 18, 1975 (Ga. L. 1975, p. 914); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Code Title 84, relating to professions, businesses, and trades, as amended, is hereby amended by adding thereto a new Chapter to be designated Code Chapter 84-66 to read as follows: CHAPTER 84-66. MOTOR VEHICLE, FARM MACHINERY AND CONSTRUCTION EQUIPMENT FRANCHISE PRACTICES ACT . 84-6601. Title . This Chapter shall be known as and may be cited as the Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act. 84-6602. Declaration of Public Policy . The General Assembly finds and declares that the distribution and sales of motor vehicles, construction equipment and farm machinery in the State of Georgia vitally affects the general economy of the State and the public interest in the public welfare, and the General Assembly finds, in the exercise of its police power, that it is necessary to regulate and to license persons who manufacture, distribute and sell motor vehicles, construction equipment or farm machinery so as to adequately assure a sound system of distribution of motor vehicles, construction equipment and farm machinery to the public so as to promote the public health, safety and welfare. This Chapter shall be liberally construed to attain the stated purpose. 84-6603. Definitions . The following words, terms and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this section, except where the text clearly indicates a different meaning: (a) `Motor Vehicle' means those motor-driven vehicles of the sort and kind required to have a license pursuant to Title 68 of the Code of Georgia, as amended. (b) `Construction Equipment' means that equipment which is used in the construction and/or maintenance of such items as housing, roads, highways and bridges, as well as equipment used in the field of mining, dredging, concrete

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production, sewer and water line construction and other related equipment. (c) `Farm Machinery' means equipment which is used in the production of farm crops, fruit crops, forest products, livestock, poultry and material handling equipment used in these and related operations. Georgia Farm Machinery Manufacturers manufacturing nonmotorized farm machinery employing 15 or less people shall be exempt. (d) `Dealer' means any person, firm, partnership, copartnership, association, corporation, trust, or other legal entity, not excluded by subsection (e) of this section, who holds or secures a bona fide contract or franchise, written or otherwise, in effect with a manufacturer, distributor or wholesaler, or their branches or representatives, of motor vehicles, construction equipment or farm machinery. (e) The term `Dealer' does not include: (1) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree or order of any court; or (2) public officers while performing their duties as such officers; or (3) employees of persons, corporations, or associations enumerated in subsection (e) (1) of this section and engaged in the specific performance of their duties as such employees. (f) `New Motor Vehicle' means a motor vehicle which has not been previously sold to any person except by a distributor or wholesaler or dealer for resale. (g) `New Construction Equipment' means construction equipment which has not previously been sold to any person except a distributor or wholesaler or dealer for resale. (h) `New Farm Machinery' means farm machinery which

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has not been previously sold to any person except a distributor or wholesaler or dealer for resale. (i) `Commission' means the Georgia Franchise Practices Commission created by this Chapter. (j) `Manufacturer' means any person, firm, association, corporation or trust, (resident or nonresident), who manufactures or assembles new motor vehicles, new construction equipment or new farm machinery. (k) `Distributor' or `Wholesaler' means any person, firm, association, corporation or trust, (resident or nonresident), who, in whole or in part, sells or distributes new motor vehicles, new construction equipment or new farm machinery to dealers, or who maintains representatives for that purpose. (l) `Factory Branch' means a branch or division office maintained by a person, firm, association, corporation or trust who manufactures or assembles new motor vehicles, new construction equipment or new farm machinery for distribution to any distributor, wholesaler or dealer, or for the purpose of directing or supervising, in whole or in part, its representatives employed for such purpose. (m) `Distributor Branch' means a branch or division office maintained by a distributor or wholesaler, for the purpose of selling new motor vehicles, new construction equipment or new farm machinery, to dealers, or for the directing or supervising, in whole or in part, of its representatives employed for that purpose. (n) `Factory Representative' means a representative employed by a manufacturer or factory branch for the purpose of making or promoting the sale of its new motor vehicles, new construction equipment or new farm machinery or for supervising or contacting its dealers or prospective dealers. (o) `Distributor Representative' means a representative employed by a distributor, wholesaler or distributor branch

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for the purpose of making or promoting the sale of its new motor vehicles, new construction equipment or new farm machinery or for the supervising or contacting of its dealers or prospective dealers. (p) `Person' means and includes, individually and collectively, individuals, firms, partnerships, copartnerships, associations, corporations, trusts or any other legal entity. (q) `Franchise' means any agreement or contract, legally binding in the State in which it was made which describes, establishes and creates the contractual relationship between manufacturers, factories, distributors, and their subsidiaries or employees, and dealers which authorize a dealer to sell any particular line-make of motor vehicle, construction equipment or farm machinery. (r) `Good Faith' shall mean the duty of each party to any franchise, and all of its officers, employees, wholly owned subsidiaries or agencies thereof to act in a fair and equitable manner towards every other party to any franchise agreement, so as to guarantee each party's freedom from coercion, intimidation, or threats of coercion or intimidation from the party; provided, however, that the recommendations, endorsement, exposition, persuasion, urging or argument shall not be deemed to constitute a lack of good faith. (s) `Community or Territory' shall mean the geographical area identified as the franchisee's sales area which is identified in the franchise agreement. If there is no sales area or similar area identified in the franchise agreement, then (1) an area which shall encompass a circle the radius of which shall be 10 miles from the dealer's present place of business; or (2) any other area which a dealer can establish to the satisfaction of the Commission as being that dealer's relevant trade area. 88-6604. Franchise Practices Commission . (a) There is

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hereby created the Georgia Franchise Practices Commission to be composed of nine members; all of whom shall be appointed by the Governor. Each member of the Commssion shall be a resident of the State of Georgia and five of the members shall be franchised dealers (three of whom must be dealers who sell automobiles) who have been actively engaged in business as such in the State of Georgia for at least five years: Provided that no two of such dealers may be franchised to sell automobiles or trucks manufactured or distributed by the same manufacturer. Four members of the Commission shall not be dealers or employees of a dealer. (b) Three members of the first Commission appointed shall serve for a period of three years, three members of the first Commission shall serve for a period of two years, and three members of the first Commission shall serve for a period of one year. Subsequent appointments shall be for terms of three years, except appointments to fill vacancies which shall be for the unexpired terms. Members of the Commission shall meet monthly and shall receive as compensation for their services $25 for each day actually engaged in the exercise of the duties of the board and such travel expenses and subsistence allowances as are generally allowed other state commissions and boards. (c) The initial appointments of members to the Commission shall be made from the persons who constituted the Commission in existence at the effective date of this Chapter. (d) The Commission shall have power to prescribe, issue, amend and rescind such reasonable rules and regulations as may be reasonably necessary or appropriate to carry out the provisions of this Chapter. 84-6605. Unauthorized Acts . It shall be unlawful and constitute a misdemeanor for any person, firm, association, corporation or trust to engage in the business as or serve in the capacity of a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative or dealer in this State, without first obtaining

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a license therefor as provided in this Chapter regardless of whether or not said person, firm, association or corporation or trust maintains or has a place of business in this State, and the Commission is hereby authorized, notwithstanding any other provisions for the enforcement of this statute, to maintain an action in the name of the State to enjoin any violation of this Chapter. Further, no motor vehicle dealer shall be entitled to obtain dealer tags unless proof of licensure by the Commission is submitted to the appropriate agency. 84-6606. Applications . The Commission shall provide forms to be used by applicants for licensure under the terms and provisions of this Chapter. Such applicants as a prerequisite to the issuance of such license shall provide, when appropriate, such information as the Commission may require, including but not limited to: (a) The name and resident address of the applicant and the trade name, if any, under which he intends to conduct his business; and if the applicant is a partnership, the name and resident address of each member thereof; and if the applicant is a corporation, the name of the corporation and the name and address of each of the corporation's principal officers. (b) A complete description, including the city, town or village with the street and number, if any, of the principal place of business of the applicant. (c) If the application is for a dealer's license, the linemake name or names of the new motor vehicles, construction equipment or farm machinery that the applicant has been enfranchised to sell or exchange and the name and addresses of the manufacturer or distributor who has enfranchised the applicant. (d) If the application is for a manufacturer or factory branch license, the name of the manufacturer, the name and business addresses of all distributors and representatives acting for the applicant in this State and all dealers franchised by said applicant in this State and business addresses

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of such dealers. Thereafter, all manufacturers or factory branches shall inform the Commission within thirty (30) days of any changes in the list of distributors, representatives or dealers. (e) If the application is for a distributor, distributor branch, or wholesaler or wholesaler branch license, the name of the manufacturer for whom the applicant will act, the name and business addresses of all representatives acting for the applicant in this State and the names and business addresses of all dealers in this State franchised by such applicant. Thereafter all distributors shall inform the Commission within thirty (30) days of any change in the list of representatives and dealers. (f) If the application be for a factory representative or distributor representative, the name of the manufacturer, distributor or wholesaler for whom the representative will act. (g) Any such other pertinent information which the Commission may request consistent with the safeguarding of the public interest and public welfare. (h) Upon receipt of an application accompanied with the appropriate fees, the Commission may issue the appropriate licenses. 84-6607. Agent for Service of Process . The acceptance by any person of a license pursuant to this Chapter shall be deemed to be the appointment by such person of the Secretary of State as the agent of such person upon whom may be served all lawful process in any action, suit or proceedings against such person arising out of any transaction or operation connected with or incidental to any activities of such person which is or is alleged to be in violation of this Chapter, and service of such process upon the Secretary of State shall be of the same legal force and validity as if served personally upon the licensee. 84-6608. Staff . The Commission shall appoint a qualified person to serve as an executive director thereof, to serve

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at the pleasure of the Commission, and shall define and prescribe his duties. The executive director shall be in charge of the Commission's office and shall devote such time to the duties thereof as may be necessary. Said Commission through its executive director shall employ such clerical help, investigators and field representatives and incur such other expenses as may be necessary for the proper discharge of his duties under this Chapter. All employees of the Commission shall be members of the State Employees' Retirement System and shall have all of the benefits and limitations imposed upon any State employee who is subject to the State Merit System of Personnel Administration. 84-6609. Fees . The schedule of license fees to be charged and received by the Commission for the licenses issued under this Chapter shall be as follows: (a) for each manufacturer, distributor, wholesaler, or their branches or divisions, $100.00; or (b) for each dealer, $50.00; or (c) for each factory representative, or distributor representative, $25.00. Applications for licenses shall be submitted to the Commission within ninety (90) days after the effective date of this Chapter and all licenses shall be renewed by the last day of November of each year. Provided that any firm, person, or corporation required to be licensed hereunder who fails to make application for such licenses at the time required herein, shall pay a penalty of 50 percent of the amount of the license fee which should have been paid. 84-6610. Grounds for Denial, Censure, Suspension or Revocation of a License . The Commission may deny an application for a license or censure, suspend or revoke a license after it has been granted for any of the following reasons: (a) on satisfactory proof that the applicant has violated any of the laws of Georgia affecting the sale of motor

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vehicles, construction equipment or farm machinery or the operation of the business or service for which the application is made; or (b) for any fraudulent or material misstatement by an applicant in any application for a license under the provisions of this Chapter; or (c) for any wilful failure to comply with the provisions of this Chapter or any rule or regulation adopted or promulgated by the Commission under the authority vested in it by this Chapter; or (d) being a franchised dealer who: (1) has represented and sold as new and unused, any motor vehicle, construction equipment or farm machinery which has been operated for demonstration purposes or which otherwise has been used; or (2) has knowingly purchased, sold or otherwise acquired or disposed of a stolen motor vehicle; or (3) has violated any provisions of this Chapter or any rule or regulation adopted and promulgated by the Commission under the authority vested in it by this Chapter. (e) being a manufacturer, factory branch, distributor, wholesaler, or their branches or representatives, who has caused or attempted to cause any franchised dealer: (1) to order or accept delivery of any motor vehicles, construction equipment or farm machinery, or parts and accessories thereto, or any other commodity or commodities which shall have not been voluntarily ordered by said dealer; or (2) to order or accept delivery of any motor vehicle, equipment or machinery with special features, appliances, accessories or equipment not included in the list price of said motor vehicle, equipment or machinery, as publicly

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advertised by the manufacturer thereof unless voluntarily ordered by the dealer; or (3) to contribute or pay money or anything of value in any advertising fund or program unless voluntarily done. (f) being a manufacturer, factory branch, distributor, wholesaler or their branches or representatives, who: (1) has refused to deliver to any duly licensed dealer any motor vehicle, construction equipment or farm machinery publicly advertised for immediate delivery within sixty (60) days after such dealer's order shall have been received. Provided, however, the failure to deliver any motor vehicle shall not be considered a violation of this Chapter if such failure be due to acts of God, work stoppages or delays due to strikes or labor difficulties, freight embargoes, or other causes over which the manufacturer, distributor, or wholesaler, or any agent thereof, shall have no control; or (2) has sold to a franchised dealer, any supplies, materials, or other things of value at the time of and as part of negotiations for a new or renewal contract renewing or extending for an additional period of time such dealer's franchise agreement, without the dealer's voluntary agreement to such sale; or (3) has terminated or cancelled the franchised or selling agreement of any dealer without due cause; or (4) has failed to fulfill any warranty agreements or to adequately and fairly compensate a dealer for labor, parts and/or incidental expenses incurred by the dealer with regard to factory warranty agreements performed by the dealer and in no event shall said manufacturer, distributor, distributor branch, factory branch, or any representative thereof, pay to the dealer, a labor rate per hour for warranty work less than that charged by said dealer or representative to its retail customers, and conversely, no franchised dealer shall charge its manufacturer, distributor, distributor branch

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or factory branch, labor at a rate per hour in excess of the rate charged its retail customers; or (5) has done any act prejudicial to any dealer by threatening to cancel or alter a franchise or any other contractual agreement existing between such manufacturer, factory branch, distributor, wholesaler, or their branches or representatives and the dealer: Provided, however, that a good faith notice to any dealer of the dealer's violation of any terms or provisions of such franchise or contractual agreement shall not constitute a violation of this Chapter. The nonrenewal or alteration of a franchise or selling agreement without due cause shall constitute an unfair termination or cancellation. Such manufacturer, factory branch, distributor, wholesaler, or their branches and representatives, shall notify the dealer in writing and forward a copy of such notice to the Commission, of the termination, cancellation or alteration. Such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division or officer, agent or other representative thereof shall notify a dealer in writing and forward a copy of such notice to the Commission, at least sixty (60) days before the end of the contractual term of his franchise or his selling agreement expires that the same will not be renewed stating the specific grounds for such nonrenewal. Any dealer who receives written notice that his franchise or selling agreement is being terminated, cancelled or altered or who receives written notice that his franchise or selling agreement will not be renewed, may within said sixty (60) days file with the Commission a verified complaint for its determination to whether such termination or cancellation or nonrenewal or alteration is unfair within the purview of this Chapter and any such franchise or selling agreement shall continue in effect until a final determination is made of the issues raised in such complaint, notwithstanding any to the contrary contained in this Chapter; or (6) has offered to sell any motor vehicle, equipment or machinery to any dealer at lower actual price thereof than the actual price charged to any other dealer for the same model vehicle equipment, or machinery similarly equipped or

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to utilize any other device including, but not limited to, sales promotion plans or programs which result in a lesser actual price. Nothing contained within paragraph (6) shall apply to any motor vehicle which has a gross vehicle weight in excess of 15,999 pounds. This section shall not be construed to prevent the offering of volume or political subdivision discounts if such discounts are equally available to all franchise dealers in the State; or (7) has offered to sell parts and accessories to any dealer for use in his own business, for the purpose of repairing or replacing the same or a comparable part or accessory at a lower actual price than the actual price charged any other dealer for similar parts and accessories for use in his own business; or (8) has prevented or attempted to prevent any dealer from selling or transferring any part of the interest in any business owned by such person to any other person, except as may be provided in the franchise or other contractual agreement between such persons and any manufacturer, distributor, wholesaler, factory branch or division distributor branch, wholesaler, branch or division or their representatives; or (9) has discriminated among its various dealers in terms of furnishing vehicles, machinery or equipment to such dealers; or (10) has evidenced his intent to grant an additional franchise for any line-make of motor vehicle, construction equipment or farm machinery, in any community or territory where a franchised dealer of the same line-make of motor vehicle, construction equipment or farm machinery is complying with the terms of his franchise or selling agreement unless the manufacturer, distributor, wholesaler, or their branches or representatives can demonstrate that such franchised dealer is not providing adequate representation in the community or territory or that the addition of another dealer can be accomplished without causing a reduction in the business of the existing dealer; or

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(11) For any manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative to own, operate, or control any motor vehicle dealership in any community or territory of this State already served by a motor vehicle dealer under a franchise for the same line-make from such manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative, provided that this section shall not be construed to prohibit (1) the operation by a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative of a dealership for a temporary period (not to exceed one year) during the transition from one owner or operator, or (2) the ownership or control of a dealership by a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative during a period while such dealership is being sold under a bona fide contract or purchase option to the operator of the dealership, or (3) the ownership, operation or control of a dealership by a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative if such manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative has been engaged in the retail sale of motor vehicles through such dealership for a continuous period of three years prior to the effective date of this section, and if the Commission determines, after a hearing on the matter at the request of any party, that there is no independent dealer available in that community or territory to own and operate the franchise in a manner consistent with the public interest; or (12) has, if a franchise or selling agreement is terminated, cancelled or not renewed, failed or refused to accept and make payment on the return on all parts new, unused

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and salable in the dealer's inventory which is in the current parts books for the current invoice price applicable to such parts plus a reasonable fee to the dealer for the distributing and handling of such returned parts or has failed to return to the dealer 50 percent of the cost to the dealer of all signs that are less than 10 years old and have not been damaged in any way, and other promotional material required or suggested by such manufacturer, distributor, wholesaler, and their branches and representatives, or has failed to repurchase all special tools purchased by the dealer from such persons which are less than four years old, that repurchase to be at the fair market value of the tools; or (13) has failed to deliver in writing to each of its dealers, the dealer's obligation for the preparation, delivery and warranty service on its product, the schedule of compensation to be paid such dealer for parts, work and service in connection with warranty service and the time allowances for the performance of such work and service. Such schedule of compensation shall include reasonable compensation for diagnostic work as well as repair service and labor. Time allowances for the performance of warranty service shall be reasonable and adequate for the work performed; or (14) has prevented or refused to honor the succession to a dealership by a member of the family of a deceased or incapacitated dealer if the Commission determines, if requested in writing by such member of the family within 30 days after the death or incapacity of the dealer, and after a hearing on the matter, that the failure to permit or honor such succession is unreasonable under the circumstances; Provided, however, that no member of the family may succeed to a franchise unless (A) the manufacturer has been given written notice as to the identity, financial ability and qualifications of the member of the family in question; and (B) the succession to the franchise will not involve, without the manufacturer's consent, a relocation of the business.

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84-6611. Hearings and Appeals . (a) The Commission shall not: (1) deny any application for a license without first giving the applicant a hearing, or an opportunity to be heard, on the question of whether the applicant is qualified under the provisions of this Chapter to receive the license applied for; or (2) revoke or suspend a license without first giving to the licensee a hearing, or an opportunity to be heard, on the question of whether there are sufficient grounds under the provisions of this Chapter upon which to base such revocation or suspension. (b) The Commission may, on its own motion, call a hearing for the purpose of taking action with respect to any matter within its jurisdiction. (c) When a hearing is to be held before the Commission, it shall be held and conducted in accordance with the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. (d) The Commission shall prescribe its rules of order or procedure in hearings or other proceedings before it under this Chapter: Provided, however, that such rules of order or procedure shall not be in conflict or contrary to the provisions of this section. 84-6612. Civil Damages . Any licensee suffering pecuniary loss because of any wilful failure by any other licensee to comply with any provision of this Chapter or with any rule or regulation promulgated by the Commission under authority vested in it by this Chapter may recover reasonable damages and attorney fees therefor in any court of competent jurisdiction. 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

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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. 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 . The Motor Vehicle Franchise Practices Act, approved February 28, 1974 (Ga. L. 1974, p. 134), as amended by an Act approved April 18, 1975 (Ga. L. 1975, p. 911), and an Act approved April 18, 1975 (Ga. L. 1975, p. 914), 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 1, 1976. THEFT BY CONVERSION OF PAYMENTS FOR PROPERTY IMPROVEMENTS PROHIBITED. Code Chapter 26-18 Amended. No. 1374 (House Bill No. 1258). An Act to amend Code Chapter 26-18, relating to theft, as amended, so as to prohibit the use, with intent to defraud, of proceeds of any payment made on account of improvement of real property for any other purpose than payment for labor or services performed or material furnished; to provide for application to corporations; to provide penalties for violations; to provide what may constitute prima

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facie evidence of intent to defraud; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 26-18, relating to theft, as amended, is hereby amended by inserting after Code section 26-1808 a new Code section, to be designated as Code section 26-1808.1, to read as follows: 26-1808.1. Theft by conversion of payments for property improvements . Any architect, landscape architect, engineer, contractor, subcontractor, or other person who, with intent to defraud, shall use the proceeds of any payment made to him on account of improving certain real property for any other purpose than to pay for labor or service performed on, or materials furnished by his order for this specific improvement, while any amount for which he may be or become liable for such labor, services, or materials remains unpaid shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years, or upon the recommendation of the jury, or in the discretion of the trial judge, punished for a misdemeanor; provided that in addition to the above sanctions, where a corporation's agent acts within the scope of his office or employment and on behalf of the corporation and with intent to defraud uses such proceeds for purposes other than for said property improvements, or where a corporation's board of directors or managerial official, the later acting within the scope of his employment and on behalf of the corporation, recklessly tolerates or, with intent to defraud, authorizes, requests, or commands the use of such proceeds for purposes other than for said property improvements, said corporation shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not less than $1,000 nor more than $5,000. A failure to pay for material or labor furnished for such property improvements shall be prima facie evidence of intent to defraud. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1976.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDEDLEAVES OF ABSENCE CREDITS CHANGED. No. 1375 (House Bill No. 1302). 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 change the provisions relative to creditable service for leaves of absence; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particulary by an Act approved April 17, 1973 (Ga. L. 1973, p. 903), is hereby amended by striking in its entirety the last paragraph of subsection (4) of section 3 and substituting in lieu thereof a new paragraph to read as follows: In order to be given creditable service for any period of approved study leave, the member must be granted a leave of absence by his last employer prior to the commencement of the study leave, must return to employment for a minimum of five years following such study leave, and the member must pay the appropriate member contributions plus applicable accrued interest in accordance with regulations adopted by the Board of Trustees on the basis of the salary the member was receiving for full-time employment immediately prior to the study leave, and the member's present employer must pay the appropriate employer matching funds and accrued interest thereon if the source of funds from which the member was paid immediately prior to his leave of absence was other than State funds. The provisions of this paragraph shall apply to approved study leaves heretofore and hereafter granted, but nothing herein shall be construed to rescind any creditable service heretofore granted pursuant to the provisions of this paragraph.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1976. EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 1376 (House Bill No. 1378). An Act to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to change the retirement requirements and benefits for certain 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 establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by striking section 15(c) in its entirety and substituting in lieu thereof a new section 15(c), to read as follows: (c) Any member subject to the provisions of this section shall be retired on the last day of the month following the month in which he attains fifty-five (55) years of age; provided, however, that during the years 1974 through 1979, any member subject to the provisions of this section may be retired on the last day of the month following the month in which he attains the retirement age set forth below: YEAR RETIREMENT AGE nineteen hundred seventy-four sixty or over nineteen hundred seventy-five fifty-nine nineteen hundred seventy-six fifty-eight nineteen hundred seventy-seven fifty-seven nineteen hundred seventy-eight fifty-six nineteen hundred seventy-nine fifty-five

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Any member sixty (60) years of age or over on the effective date of this Amendment to this Act shall be retired on July 31, 1974. During the period 1975-79, any member who has attained any mandatory retirement age specified in this subsection by January 1 of any year during such period shall be retired on January 31 of such year. The above mandatory retirement ages may be waived for a Conservation Ranger by the Board of Natural Resources as necessary to permit such members who entered service in the department on or before June 30, 1965, to complete service sufficient to provide them with twenty-five (25) years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service. The above mandatory retirement ages may also be waived for Conservation Rangers in a supervisory classification by the Board of Natural Resources, at its discretion, upon application of such Conservation Rangers or upon the initiation by the Board; provided, however, that such waivers to members in a supervisory classification shall not be extended to such members who have reached sixty (60) years of age. The provisions of this subsection shall not apply to any Conservation Ranger in a supervisory classification whose supervisory duties are not all or predominantly in the field of law enforcement. The above mandatory retirement ages may be waived for an Alcohol and Tobacco officer or agent by the Commissioner of the Department of Revenue as necessary to permit such members who enter service in his respective department on or before January 31, 1974, to complete service sufficient to provide them with twenty-five (25) years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service. The above mandatory retirement ages may also be waived for Alcohol and Tobacco officers or agents in a supervisory classification by the Commissioner of the Department of Revenue, at his discretion, upon application of such Alcohol and Tobacco officers or agents or upon initiation by the Commissioner; provided, however, that such waivers to members in a supervisory

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classification shall not be extended to such members who have reached sixty (60) years of age. The provisions of this subsection shall not apply to any Alcohol and Tobacco officer or agent in a supervisory classification whose supervisory duties are not all or predominantly in the field of law enforcement. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1976. HEALTH CARE PLAN ACT. Code Title 56 Amended. No. 1380 (House Bill No. 1750). An Act to amend Code Title 56, relating to insurance, as amended, so as to provide a new Chapter relating to comprehensive health care plans; to adopt a Health Care Plan Act; to provide for a short title and the scope of the Act; to define certain terms; to provide for the organization of health care corporations; to establish the powers of such corporations, including membership of the Board of Directors; to require health care corporations to provide that such corporations shall be nonprofit organizations and to provide for payment of the administrative expenses of such corporations; to provide for financial requirements; to authorize health care corporations to contract with public or other agencies; to make it unlawful for any person except a health care corporation to maintain a health care plan with certain exceptions; to provide for acceptance of subscribers and applications therefor; to provide for membership certificates; to prohibit the practice of medicine by such corporations and

Page 1462

to insure maintenance of the private physician-patient relationship; to provide for participating physicians, health care providers and facilities; to require the treasurer of such corporations to post bond; to regulate the investments of such corporations; to provide for regulation of such corporations by the Insurance Commissioner; to provide for fees and taxes; to provide for supervision of certain rates charged; to require a certificate of authority before such corporations commence business, the application therefore and the annual renewal thereof; to provide for the revocation, suspension and refusal to issue or renew such certificates; to provide for additional powers of the Commissioner; to provide for the discharge of certain organizers, solicitors and agents; to provide standards for the granting of certificates of authorization by the Insurance Commissioner; to require periodic examination of the books and records of such corporations by the Insurance Commissioner and provide for the expense thereof; to require the filing of an annual report and other information and reports with the Insurance Commissioner; to establish a procedure for review of disputes; to declare such corporations charitable and benevolent institutions; to provide for conservation, rehabilitation and liquidation; to provide for applicability to such corporations of other provisions of the Insurance Code of Georgia; to provide for penalties; to provide for the necessary procedures connected with all of 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 . Code Title 56, relating to insurance, as amended, is hereby amended by inserting at the end of Chapter 56-17 thereof a new Chapter to be designated Code Chapter 56-17A, to read and be as follows: CHAPTER 56-17AHEALTH CARE PLANS 56-1700A. Title and Purpose . This Act shall be known and may be cited as the Health Care Plan Act. It is the

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purpose and intent of this Act and the policy of this State, to promote a wider distribution of comprehensive health care services and to maintain the standing and promote the progress of comprehensive health care services in this State. This Chapter shall be construed liberally to promote its humanitarian purposes. 56-1701A. Scope of Chapter . This Chapter shall not apply to nor govern any corporation which is organized for profit or which contemplates any pecuniary gain to its shareholders or members. This Chapter shall not authorize nor be construed to authorize, directly or indirectly, any corporation to operate a health care plan on a profit basis. A corporation subject to the provisions of this Chapter may organize subsidiary or affiliated corporations to engage in allied business ventures in accordance with the provisions of Chapters 56-15 and 56-34 of this Title. 56-1702A. Definitions . As used in this Chapter, the following terms have the meanings respectively assigned to them unless the context otherwise plainly requires: (1) `Health Care Services' means the examination or treatment of persons for the prevention of illness or the correction or treatment of any physical or mental condition resulting from illness, injury or other human physical problem and includes, but is not limited to, the following: (a) `Medical Services', including the general and usual services and care rendered and administered by doctors of medicine, doctors of dental surgery and doctors of podiatry. (b) `Hospital Services', including the general and usual care, services, supplies and equipment furnished by hospitals. (c) `Other Health Care Services', including appliances and supplies, nursing care by a registered nurse or a licensed practical nurse; care furnished by such other licensed practitioners as may be expressly approved by the Board of Directors from time to time; institutional services including

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the general and usual care, services, supplies and equipment furnished by health care institutions and agencies or entities other than hospitals; physiotherapy; ambulance services; drugs and medications; therapeutic services and equipment, including oxygen and the rental of oxygen equipment; hospital beds; iron lungs; orthopedic services and appliances, including wheelchairs, trusses, braces, crutches, and prosthetic devices including artificial limbs and eyes, and any other appliance, supply or service related to health care. (2) `Health Care Plan' means a plan or arrangement under which health care services are or may be rendered to a subscriber, a covered dependent or other beneficiary at the expense of a health care corporation in consideration of periodical payments made by the subscriber or another in his behalf. (3) `Health Care Corporation', means a nonprofit corporation established in accordance with the provisions of this Chapter to administer one or more health care plans. (4) `Subscriber' or `Member' means a person to whom a subscriber's certificate is issued by a health care corporation which sets forth the kinds and extent of the health care services, which may be all or a part of the total health care services used by or provided to a subscriber, for which the corporation is liable to make total or partial payment. (5) `Beneficiary' and `Covered Dependent' means a person designated in the subscription certificate or application therefor of a Subscriber, as entitled to health care service with respect to whom appropriate periodical payments are made, all subject to acceptance by the health care corporation. (6) `Participating Physician' means a doctor of medicine licensed to practice medicine or surgery in this State under the provisions of Georgia Code Chapter 84-9, a dental surgeon licensed to practice dental surgery in this State under the provisions of Georgia Code Chapter 84-7, and a podiatrist licensed to practice podiatry in this State under the provisions

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of Georgia Code Chapter 84-6, who agrees with a health care corporation, to perform medical services under the conditions specified in the subscription contracts issued by the corporation. (7) `Participating Facility' means a hospital, extended care facility, or other facility, institution, agency or entity providing health care services which agrees in writing with a health care corporation to provide services specified in the subscription contracts issued by the corporation at such rates of compensation as shall be determined by the Board of Directors of the corporation, and which agrees to abide by the bylaws, rules and regulations of the corporation applicable to participating facilities. A participating facility must be licensed or approved as such by the appropriate agency of the State of Georgia, or some other state or the federal government, or shall meet such requirements as shall be established by the health care corporation if no regulatory license or approval is required. (8) `Commissioner' means the Insurance Commissioner of the State of Georgia. (9) `Person' includes a natural person, a partnership, an association, a common law trust or a corporation. (10) The personal pronoun as used in this Chapter, except where otherwise clearly indicated, shall import masculine, feminine or neuter gender. (11) `Subscriber Surplus' means the excess of the admitted assets of a health care corporation over its liabilities as reported in the annual statement filed with the Commissioner. (12) `Income at Risk' means the amount of income earned on an account in which a risk of underwriting loss due to adverse claims experience exists. In the case of any risk account as to which the rate is not established directly by the health care corporation, income at risk shall be the sum total of benefits paid and administrative costs incurred for such account for which the health care corporation has been or will be reimbursed.

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56-1703A. Organization . Any five or more persons, all of whom shall be residents of this State, upon petition to the Secretary of State for corporate charter as provided in the Nonprofit Corporation Code of Georgia, and also containing the information required by Chapter 56-15 of the Code of Georgia, may form a corporation, under and in conformity with the provisions of this Act, for the purpose of establishing, maintaining, and operating one or more voluntary nonprofit health care plans, whereby health care services are or may be provided at the expense of the corporation. Other benefits, including complete employee welfare and employee benefit programs, may be added from time to time as the corporation may determine with the approval of the Insurance Commissioner. A nonprofit health care corporation shall be subject to regulation and supervision by the Insurance Commissioner in the same manner as life insurers are subject to such regulation and supervision, and shall be governed by the provisions of the nonprofit corporation laws of this State. 56-1704A. Powers; Board of Directors, Qualifications, Number . (1) The Board of Directors of each health care corporation subject to the provisions of this Chapter shall be composed of the chief executive officer of said corporation, and one-third of the other directors of any such corporation shall be persons who are licensed to practice medicine or dentistry in this State (`medical members'); one-third of the other Directors of any such corporation shall be persons who are chief executive officers or trustees of participating hospitals (`hospital members'); and one-third of the other Directors of any such corporation shall be persons who (i) are generally representative of broad segments of the subscribers covered under contracts issued by such corporation; (ii) whose background and experience indicate that they are qualified to act in the broad public interest; and (iii) who may or may not have coverage under a contract or contracts issued by such health care corporation (`public members'). Each such health care corporation shall have an executive committee, the members of which shall be composed of the chief executive officer of such corporation

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and the balance of such committee shall be composed as follows: One-third of its members shall be medical members; one-third of its members shall be hospital members; and one-third of its members shall be public members. Directors shall be elected in such manner and for such terms of office as may be specified in the Articles of Incorporation or Bylaws of such corporations. (2) Notwithstanding any other provisions of this Chapter, a medical service corporation organized under the provisions of Chapter 56-18 of the Code of Georgia, and a hospital service corporation organized under the provisions of Chapter 56-17 of the Code of Georgia may, upon compliance with the applicable provisions of the Nonprofit Corporation Code of this State and other applicable laws, merge or consolidate into a health care corporation subject to the provisions of this Chapter, if the Commissioner finds that such merger or consolidation will promote the public interest. Upon application, the Insurance Commissioner may authorize the surviving or consolidated corporation to take such administrative or other action as the Commissioner determines is necessary or desirable to facilitate the efficient and economical combination of the business and operation of the merging or consolidating corporations. Any corporation resulting from such a merger or consolidation heretofore approved by the Commissioner, shall become subject to the provisions of this Act upon the effective date of this Act. (3) Notwithstanding any other provision of law, a health care corporation may: (a) Exercise all of the powers of medical service and hospital service nonprofit corporation as provided for under the provisions of Chapters 56-17 and 56-18 of the Code of Georgia; provided, however that the provisions of Section 56-108 shall not apply to corporations subject to the provisions of this Chapter; (b) If otherwise authorized by law, organize, manage and promote a prepaid comprehensive health care plan; it being

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the intent hereof that nothing contained herein shall be deemed to authorize the formation of an organization to provide such comprehensive health care unless otherwise authorized by law. (c) Contract or otherwise act jointly with a hospital service corporation, a medical service corporation, a professional service corporation, a partnership or other organization for the purpose of organizing, managing and promoting such prepaid plans for the provision of services which such corporation is authorized to establish in accordance with the laws of this State. (d) In addition to all other powers granted herein, a health care corporation shall have all the powers granted to life insurers which are not inconsistent with the provisions of this Chapter; provided, however, that no such powers may be exercised unless (i) approved by not less than three-fourths of the Board of Directors of such health care corporation; (ii) approved by the appropriate local medical society or societies in the county or counties in which such subsidiary or affiliated corporation or corporations propose to exercise such powers; and (iii) approved by the Commissioner subject to such conditions and limitations as the Commissioner may prescribe. Provided further that nothing contained herein shall be deemed to authorize a health care corporation organized in accordance with the provisions of this Chapter or subject to the provisions of this Chapter to issue policies or contracts of life insurance except through one or more subsidiary or affiliated corporations organized in accordance with the provisions of this Title. Provided, however, that notwithstanding any provisions of this section which could be construed to the contrary, this section shall not be deemed to authorize a corporation subject to the provisions of this Chapter to organize a nonprofit life insurance company under this Chapter and no powers granted in this section, other than those contained in subsection (a) hereof shall be exercised by such corporation except through one or more subsidiary or affiliated corporations organized in accordance with the laws of this

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State subject to compliance with the provisions of Chapter 56-34. 56-1705A. Corporations to Provide Health Care Service . Corporations contemplated by this Chapter may be incorporated for the purpose of establishing, maintaining, and operating one or more nonprofit health care plans under which part or all of the health care services which such corporation is authorized to provide may be rendered by participating physicians, participating hospitals or other participating providers of health care services with whom any such corporation has contracted for such health care services, as herein defined. 56-1706A. Corporations to be Nonprofit Organizations; Administration Expenses; Reserves . (1) Such corporation shall be governed and conducted as a nonprofit organization and the necessary expense of administering the affairs of said corporation shall be paid from the payments collected from subscribers. (2) A health care corporation may, in its discretion, limit the benefits that it will furnish, and may divide such benefits as it elects to furnish into classes or kinds, and may furnish different benefits with different kinds or classes of contracts. A health care corporation also may select such hospitals and other participating facilities as it may desire with which to contract, and may establish its own standards of approval of such facilities or classes of facilities as it shall determine, as well as levels of payment which may differ between participating and nonparticipating facilities and different classes of facilities; provided that any such contracts shall be fair and reasonable and provided further that any such standards and levels of payment established hereunder shall be required to be fair and reasonable and shall not be unfairly discriminatory against any persons or facilities or classes of persons or facilities established hereunder or affected thereby. (3) A health care corporation shall establish and maintain at all times proper reserves, subject to the approval of

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the Commissioner in accordance with such standards and requirements as the Commissioner may establish by rule or regulation after any notice and hearing required, for unearned subscription fees, for unpaid claims, for unreported claims and for other known liabilities. (4) In addition, a health care corporation shall at all times maintain a minimum subscriber's surplus of not less than One Million Dollars ($1,000,000.00) or such higher amount as the Commissioner may require by rule or regulation for the protection of the subscribers after any required notice and hearing. (5) The health care corporation shall also be required to charge a minimum of 0.5% of `income at risk' on all accounts as a contribution towards subscriber's surplus and such funds derived therefrom shall be contributed to such health care corporation's subscriber's surplus under such terms and conditions as the Commissioner may reasonably require by order or regulation after any required notice and hearing; provided further that if the Commissioner determines after notice and hearing that the level of accumulated subscriber's surplus for such health care corporation is in excess of that reasonably required for the protection of such corporation's subscribers, the Commissioner shall have the authority to suspend the operation of this subsection until such time as such health care corporation's accumulated subscriber's surplus has returned to a level which is adequate for the protection of policyholders but not excessive. 56-1707A. Contracts With Public or Other Agencies . (1) Any nonprofit health care corporation heretofore or hereafter organized or operated under the provisions of this Chapter and engaged in the operation of a health care plan, may contract with any agency, instrumentality or political subdivision of the United States of America or of the State of Georgia for the furnishing of health care services and, in aid or furtherance of said contract, may accept, receive and administer in trust, funds directly or indirectly made available by such agency, instrumentality or political subdivision, and further, any such nonprofit health care corporation

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may subcontract with any organization which has contracted with any agency, instrumentality or political subdivision of the United States of America or of the State of Georgia for the furnishing of medical, hospital and other health care services, by which subcontract such health care corporation undertakes to furnish the services required by the basic contract. (2) A health care corporation may enter into contracts with a corporation or association in this State or elsewhere so that: Reciprocity of benefits may be provided to subscribers; transfer of subscribers from one corporation to another may be effected to conform to the subscriber's place of residence; uniform benefits may be provided for all or for separate categories of employees and the dependents of such employees of corporations and other organizations transacting business in this State or elsewhere, and a composite rate (a rate representing the composite experience) of the areas involved may be charged for such employees and their dependents; or hospital or other health care services may be provided for subscribers of the corporation or other corporations or associations by means of risk sharing and other joint undertakings, including reinsurance which the directors of such a corporation may, from time to time, approve in accordance with the laws of this State. Group master contracts and the contracts issued to subscribers by a corporation subject to the provisions of this Act may specify the circumstances under which payments will be made and the rates of such payment to hospitals or other health care providers, wherever located, with which such corporation has no contract for hospital service or other health care service furnished the subscribers and other beneficiaries thereunder. (3) Each health care corporation may, in its discretion, receive and accept from governmental agencies payment covering all or part of the cost to provide health care services for needy or other persons. Each health care corporation may, in its discretion, receive and accept payments from private agencies, corporations, associations, groups of individuals, or others covering all or part of the cost of subscriptions

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to provide health care service for needy and other persons. 56-1708A. Persons Authorized to Write Health Care Plan Contracts . It shall be unlawful for any person except a health care corporation (established in accordance with the provisions of this Chapter and operating in accordance with authority from the Commissioner) to establish, maintain, or operate a health care plan, or to solicit subscribers to or enter into contracts with respect to a health care plan; provided, nothing in this Chapter shall be construed as preventing a person from furnishing medical services for the prevention of disease among his employees or from furnishing such medical services as are required under the workmen's compensation or other laws of this State, or as preventing any duly licensed insurance company from writing medical indemnity insurance or otherwise operating in accordance with the provisions of this Title, or as preventing any duly authorized corporation from operating in accordance with the provisions of Chapter 56-17 or Chapter 56-18 of the Code of Georgia, or as preventing any other duly authorized person or entity from operating in accordance with any other provisions of this Title. 56-1709A. Subscribers of Corporation; Applications . Corporations when organized shall be authorized to accept applicants individually or in groups who may become subscribers of said corporation furnishing health care services under a contract which shall entitle each subscriber, beneficiary and covered dependent to such health care services, for such period of time as is provided therein; and such corporations shall be governed by this Chapter. 56-1710A. Membership Certificate; Contents, Form, Substance . (1) Every such corporation shall issue to its subscribers a description of the health care plan under which the subscriber is enrolled, and specify how the holder of such contract may obtain the name or names and addresses of participating providers of health care services upon whom the subscriber shall have the right to call for health care services, and the nature of such services. Such description

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shall be consistent with this Chapter and the purposes thereof. (2) The form, size of type, general arrangement, and contents of such description shall be subject to the approval of the Commissioner and shall be filed with and approved by him in accordance with the provisions of Chapter 56-24 of the Code of Georgia and such rules, regulations and procedures as the Commissioner may from time to time prescribe. 56-1711A. Prohibition Against Corporate Practice of Medicine . (1) Such corporations shall have the right to sell contracts providing for the payment of specified charges made by physicians furnishing medical or surgical care, or both, to the holders of such contracts, their beneficiaries and covered dependents as herein provided for. (2) Such contracts shall not in any manner restrict the right of the holder to obtain the services of any physician nor shall such contracts attempt to control the relation existing between any holder or beneficiary of any such contract and his physician. (3) The private physician-patient relationship shall be maintained, and subscriber shall at all times have free choice of any physician or of any health care provider or facility within a class approved by the corporation in accordance with this Chapter, provided that nothing contained herein shall be deemed to prohibit the use of a group of participating physicians, and/or approved health care providers and representatives of approved facilities, which have been approved by the medical societies in the county or counties in which such corporations operate to review charges made by physicians or other providers of health care services participating in the plan to insure that such charges do not exceed the usual, customary and reasonable charges made by other physicians or other providers of health care services for similar services, and that such services were necessary and did not involve unnecessary utilization of services or facilities.

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(4) No provision of this Chapter shall be construed as authorizing the corporate practice of medicine; and such corporations shall not practice medicine. No physician rendering service or called on to render service to a member, beneficiary, or covered dependent, and no other provider of health care services, shall be construed to be an agent or employee of such corporation and such corporation shall not be liable for the negligence, misfeasance, malfeasance, or nonfeasance of any provider of health care services or of any physician rendering medical or surgical services to any such members, beneficiary or covered dependent. 56-1712A. All Licensed Doctors and All Health Care Providers Within a Class Approved by the Health Care Corporation May Participate in Corporations . Every doctor of medicine, every doctor of dental surgery, every podiatrist, and every health care provider within a class approved by the corporation who is appropriately licensed to practice and who is reputable and in good standing shall have the right to become a participating physician, participating doctor of dental surgery, participating podiatrist or approved health care provider for medical or surgical care, or both, as the case may be, under such terms or conditions as are imposed on other participating physicians, participating doctors of dental surgery, participating podiatrists or approved health care providers within such approved class under similar circumstances in accordance with the provisions of this Chapter. 56-1713A. Bond of Treasurer . The Treasurer of such corporation shall be required to give a fidelity bond with corporate surety in such sum as may be determined by the directors of said corporation and all funds collected from the subscribers of said corporation shall be deposited to the account of said corporation in a bank which is a State depository. 56-1714A. Eligible Investments . Health Care Corporation subject to the provisions of this Chapter shall invest in or lend their funds on security of and shall hold as invested assets only such assets as are permitted by Chapter

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56-10 for the investments of assets of domestic life insurance companies and such investments shall be subject to the same requirements, conditions, restrictions, and limitations as are applicable to such investments by life insurers. 56-1715A. Corporations Regulated by Commissioner; Deposits, Fees and Taxes Required . Such corporations shall be subject to regulation and supervision by the Commissioner and shall be required to pay such fees and taxes, including premium taxes, as are now or may hereafter be required of life insurers under this Title in accordance with the provisions of Chapters 56-2, 56-3, 56-11, 56-13, and the other applicable provisions of this Title. 56-1716A. Supervision of Subscriber Rates . Except for corporations becoming subject to this Chapter by reason of being the surviving corporation in a merger of a hospital service corporation organized under Chapter 56-17 of the Georgia Code and a medical service corporation organized under Chapter 56-18 of the Georgia Code, such corporations shall, before accepting applications from subscribers in said nonprofit health care plan submit to the Commissioner a plan of operating and overhead expenses, operation cost, salaries, paid or to be paid during any current year, together with a schedule of its rates to be charged and the amount of health care service contracted to be rendered; which plan, rates and amount of service shall be first approved by the Commissioner as fair and reasonable before said corporation shall engage in business. 56-1717A. Approval of Provider Rates . Except for corporations becoming subject to this Chapter by reason of being the surviving corporation in a merger of a hospital service corporation organized under Chapter 56-17 of the Georgia Code and a medical service corporation organized under Chapter 56-18 of the Georgia Code, the Commissioner shall likewise first approve the rates of payment to be made by said corporations to providers of health care services, on behalf of said corporation, its subscribers, beneficiaries, and covered dependents, as being fair and reasonable before said corporation shall engage in business.

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56-1718A. Certificate of Authority; Application. Contents . Except for corporations becoming subject to this Chapter by reason of being the surviving corporation in a merger of a hospital service corporation organized under Chapter 56-17 of the Georgia Code and a medical service corporation organized under Chapter 56-18 of the Georgia Code, a corporation subject to the provisions of this Chapter may issue contracts only after the Commissioner has authorized it to do so. Every application for such certificate of authority shall be accompanied by copies of the following documents and information: (1) A certified copy of its charter or certificate of incorporation. (2) A copy of its bylaws, certified by the lawful custodian of the original. (3) Proposed contracts between the corporation and participating physicians, participating facilities or other providers of health care services, showing the terms under which health care service is to be furnished to subscribers, beneficiaries and covered dependents. (4) A statement of the county or counties in which it proposes to operate health care plans. (5) A statement of its financial condition and business in such form and detail as the Commissioner may require, including the amounts of contributions paid for working capital and the or names of each contributor, and the terms of such contributions, signed and sworn to by its president and secretary, or other proper officers, Contributions not paid, but agreed to be paid, may be reported as a separate item, but shall not be admitted assets of the corporation. (6) Such other documents and information as the Commissioner may reasonably require to be filed. 56-1719A. Certificate of Authority; When Issued . The Commissioner shall be authorized to issue a certificate of

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authority in accordance with the provisions of this Chapter, and other proper requirements of the Commissioner, if the Commissioner is satisfied that: (1) All items required to be filed are in proper form and meet the approval of the Commissioner. (2) The applicant is established as a bona fide health care corporation. (3) The services rendered by such corporation are not an unnecessary duplication of similar services in the community served, and are desirable for the public necessity and convenience. (4) The applicant's proposed methods of solicitation of contracts and its proposed conditions or methods of operation appear to be fair and reasonable. (5) The method of establishing rates charged is fair, reasonable, and adequate, and that benefits to be provided are fair and reasonable. Provided that rates established in accordance with the applicable provisions of this Chapter and Chapter 56-24 may differ for separate services or classes or kinds of service, including service in different facilities and between subscribers in different groups if based upon the experience of the group or locality, and between subscribers in groups and individual subscribers not in groups. (6) The amount provided as working capital shall only be provided by individuals or groups who have no financial interest in the activities of such health care corporation. Interest charged therefor, if any, shall be reasonable, shall be subject to the general laws of this State governing permissible rates of interest, shall be approved by the Commissioner, and payment of interest, if any, and repayment of such working capital shall be permitted only after provision has been adequately made for operating expenses, payments of benefits, and the establishment of required services. (7) On an application for an original certificate of authority, the Commissioner may, in his discretion, consider and

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rely upon recommendations of the medical societies, the hospitals, or any other persons in the areas in which the health care corporation proposes to operate. 56-1720A. Examination of Books and Records; Expense of Examination . Every such corporation shall keep complete books and records in accordance with the requirements of the Commissioner, showing all funds collected and disbursed, and all books and records shall be subject to examination by the Commissioner in accordance with the provisions of Chapter 56-2 applicable to life insurers and the expenses of such examination to be borne by said corporation. 56-1721A. Reports of Health Care Corporation's Business Affairs and Operations; Forms; Vertification; Publication . Every health care corporation shall, on or before the first day of March in each year after it shall have commenced to do business pursuant to a certificate of authority, make and file with the Insurance Commissioner a report of its affairs and operations during the year ending the 31st day of December next preceding. This annual report shall be made in such form and contain such information as the Commissioner may by regulation from time to time prescribe and require in protecting the public interest and the interest of the subscribers of any health care corporation. The Commissioner may, by regulation require such additional periodic reports as he may from time to time prescribe as necessary or appropriate for the protection of policyholders and the public and to insure the solvency of any health care corporation. The Commissioner may require that the reports be verified under oath by such appropriate officers or agents as he may designate by regulation and may require the same to be published. Compliance with this section shall be a condition to the renewal of a certificate of authority under section 56-1722A. 56-1722A. Expiration. Renewal or Amendent of Certificate of Authority . (1) All certificates of authority shall expire at midnight on June 30 next following date of issuance or renewal. A health care corporation desiring renewal shall file on March 1st preceding expiration a copy of its annual

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statement of December 31st last preceding in a form approved for current use by the Commissioner. Provided, that the Commissioner may for good cause grant an extension of time for filing such annual statement not to exceed sixty (60) days. If the health care corporation qualifies therefor its certificate shall be renewed annually; provided, however, that any certificate of authority shall continue in full force and effect until the new certificate be issued or specifically refused. (2) The Commissioner may amend a certificate of authority at any time to accord with changes in the health care corporation's charter or powers. 56-1723A. Mandatory Refusal, Revocation or Suspension . The Commissioner shall refuse to issue or to renew or shall revoke or suspend a health care corporation's certificate of authority: (1) If such action is required by any provision of this Title; or (2) If the health care corporation no longer meets the requirements for the authority originally granted, on account of deficiency in assets or otherwise. 56-1724A. Discretionary Refusal, Revocation or Suspension . The Commissioner may refuse to issue or after a hearing refuse to renew, or may revoke or suspend an insurer's certificate of authority, in addition to other grounds therefor in this Title, if the health care corporation: (1) Violates any provision of this Title other than those as to which refusal, suspension or revocation is mandatory. (2) Knowingly fails to comply with any lawful rule, regulation or order of the Commissioner. (3) Is found by the Commissioner to be in unsound condition or in such condition as to render its further transaction

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of business in Georgia hazardous to its subscribes or to the public. (4) As a general scheme or plot without just cause compels claimants to accept less than the amount due them or to bring suit against it to secure full payment thereof. (5) Refuses to be examined or to produce its accounts, records and files for examination by the Commissioner when required; or refuses to furnish such other additional information as the Commissioner may deem advisable to consider the application for renewal of such corporation's certificate of authority. (6) Fails to pay any final judgment rendered against it in Georgia within 30 days after such judgment becomes final. (7) Is affiliated with and under the same general management or interlocking directorate or ownership as another insurer or person which transacts direct insurance or other business in Georgia without having a certificate of authority or otherwise being authorized therefor, except as permitted to a surplus line insurer under Chapter 56-6. 56-1725A. Administrative Fine for Certain Acts of Officers, Employees, Agents or Representatives . The Commissioner may, after a hearing, impose upon a health care corporation an administrative fine if he finds that such health care corporation through the acts of its officers, employees, agents or representatives has with such frequency as to indicate its general business practice in this State: (1) Refused, without just cause, to pay proper claims arising under coverage provided by its contracts, whether such claim is in favor of a subscriber or in favor of any other person entitled to the proceeds of a contract or, (2) Compelled, without just cause, subscribers, claimants or other persons entitled to the proceeds of its contracts in this State to accept less than the amount due them or to bring suit against the corporation to secure full payment or settlement thereof.

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The administrative fine imposed for violations set forth in paragraphs (1) or (2) shall not exceed $1,000 for each act of misconduct constituting a violation; provided, however, a fine of not more than $5,000 for each act of wilful misconduct constituting a violation may be imposed. 56-1726A. Soliciting Agents; Improperly Solicited Subscription Certificates . Whenever, the Commissioner finds, after investigation, that an organizer, solicitor, or agent of such corporation has unfairly or improperly solicited subscription certificates by misrepresenting the terms thereof or has engaged in any other unfair or deceptive practice, or for any reason is incompetent to serve as such organizer, agent, or solicitor, or that his services are not, in fact, needed, he shall order such corporation to dispense with such services and such organizer, solicitor, or agent of such corporation and such corporations shall be subject to the fines, penalties and provisions of Chapter 56-7 and section 56-214 of this Title that are now or may hereafter be applicable to life insurers and their agents that are not inconsistent with the provisions of this Chapter. 56-1727A. Conservation, Rehabilitation, and Liquidation of Health Care Corporations; Powers of the Commissioners . The Commissioner shall have the authority to take appropriate actions authorized by this Title, for the protection of the corporation's subscribers and the public health and welfare, including but not limited to those authorized in Section 56-214 of this Title, and shall have authority to institute suits and other appropriate proceedings authorized by and in accordance with the provisions of Chapter 56-14 to conserve the assets of, to rehabilitate, or to liquidate a health care corporation organized under or subject to the provisions of this Chapter in the same manner as and under the same conditions and causes applicable to domestic life insurers under that Chapter. 56-1728A. Review of Disputes . Any dispute arising within the purview of this Chapter with reference to the regulation and supervision, or either of them, of any such corporation shall, within 30 days after such dispute arises, be submitted

Page 1482

by the aggrieved person to the Commissioner for his decision with reference thereto: Provided, nothing herein shall authorize or require the Commissioner to determine the contractual rights between the parties interested in any such corporations. After proper notice and hearing, any decisions and order of the Commissioner made pursuant to the provisions of this Chapter, shall be binding on the persons involved, unless set aside on review as herein provided. 56-1729A. Definition of Charitable and Benevolent Institutions . Every corporation subject to the provisions of this Chapter is hereby declared to be a charitable and benevolent institution and shall be exempt from all taxes other than those provided for under this Chapter as such charitable and benevolent institutions are now or may hereafter be exempt from taxes. Any and all supervision, conservation, rehabilitation, liquidation or examination of the affairs of any such corporation by the Commissioner shall be at the expense of such corporation. 56-1730A. Application of Other Sections of this Title . Except where the context otherwise requires, all provisions of the Nonprofit Corporation Code shall be applicable to any corporation subject to the provisions of this Chapter; and all of the provisions of this Title which are not in conflict with the provisions of this Act shall be applicable to any corporation subject to the provisions of this Chapter, subject to such modifications as the Commissioner may prescribe by order, directive, interpretation, guideline or rule or regulation after any notice and hearing as may be required by this Title. 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

Page 1483

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 2, 1976. DEVELOPMENT AUTHORITIES LAW AMENDEDPROJECT REDEFINED. No. 1381 (House Bill No. 1336). An Act to amend an Act known has 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, design, engineering, improvement, leasing, maintenance, modification, rebuilding and repair of any property utilized in connection with a community antenna television system; to provide the conditions upon which projects involving community antenna television systems may be authorized; to provide for other matter 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 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 mean and include the acquisition, construction, design, engineering, improvement,

Page 1484

leasing, maintenance, modification, rebuilding and repair of any facilities and any property utilized in connection with a community antenna television system, or any combination of the foregoing, including all necessary or useful land or rights in land and all necessary or useful furnishings, machinery, vehicles, equipment and parking facilities, all as determined by the Authority, which determination shall be final and not subject to review. Such projects are authorized to promote the expansion and development of the cable communication industry and to enhance employment opportunities throughout the State of Georgia and to encourage local origination programming by community antenna television systems on one or more channels to include, but not be limited to, public access, government and education programs. The installation of such community antenna television systems shall not occur in areas adequately served by private enterprise. Definition. 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 5, 1976. LAND CONVEYANCE TO BERRY SCHOOLS, INC. AUTHORIZED. No. 119 (Senate Resolution No. 282). A Resolution. Authorizing the conveyance of certain real property in Floyd County, Georgia; and for other purposes. Whereas, the State of Georgia owns certain real property located in Floyd County, Georgia; and

Page 1485

Whereas, said real property consists of one tract or parcel of land lying and being in Floyd County, Georgia, and being more particularly described as follows: All that tract or parcel of LAND situated, lying and being in original Land Lot Number 116 in the Twenty-Third District and Third Section of Floyd County, Georgia, described as beginning at a point on State Route 1, U. S. 27, about three (3) miles north of Rome, Georgia, said point being on the east right-of-way line of said Highway a distance of one hundred (100) feet from the center of said Highway and a distance of thirty (30) feet northerly from the center of Glenwood School Public Road; thence following said east right-of-way line in a northeasterly direction a distance of two hundred seventy-four (274) feet; thence easterly a distance of one hundred fifty-two (152) feet; thence at right angles southwesterly a distance of two hundred seventy (270) feet to a point thirty (30) feet northerly from the center of said Glenwood School Public Road; and thence westerly parallel with the center line of said Public Road a distance of two hundred two (202) feet to the beginning point; and Whereas, said real property originally belonged to the Berry Schools, Inc., and was transferred to the State Forestry Commission to be used for the location of a residence for a supervisor; and Whereas, said real property was never used for the above stated purpose and is a nuisance to the State Forestry Commission; and Whereas, said real property is no longer needed by the State of Georgia and is therefore surplus; and Whereas, Berry College can use said real property and plans to renew certain leases on other property leased to the State Forestry Commission. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf

Page 1486

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 Berry Schools, Inc.; (2) That the conveyance of said tract or parcel of land shall be approved by the State Properties Commission; (3) That the conveyance of said tract or parcel of land shall be upon such terms and conditions as may be mutually agreed upon by the Berry Schools, Inc., and the State Properties Commission; and (4) That the consideration, if any, for the conveyance of said tract or parcel of land shall be determined by the State Properties Commission and in the determination of said consideration the State Properties Commission may consider the fact that the property originally belonged to Berry Schools, Inc., that the State Forestry Commission did not use the property for the purposes for which the property was transferred, and that the property is a nuisance to the State Forestry Commission. Approved April 7, 1976. ADVISORY COUNCIL FOR PERSONNEL ADMINISTRATION ACT AMENDED. No. 1383 (Senate Bill No. 526). An Act to amend an Act providing for an Advisory Council for Personnel Administration, approved March 13, 1975 (Ga. L. 1975, p. 79), so as to provide for a declaration of purpose; to provide for a new method of qualifying for membership in the Advisory Council for Personnel Administration; to provide for authority and access of said Council; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1487

Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to demonstrate the General Assembly's recognition of the importance of the State's Merit System Personnel Administration program by providing for broad professional input into its planning and execution. Intent. Section 2 . An Act providing for an Advisory Council for Personnel Administration, approved March 13, 1975 (Ga. L. 1975, p. 79), is hereby amended by striking in its entirety subsection (b) of section 10 thereof and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) Membership in the council shall be open to persons serving in technical, professionals, supervisory and executive capacities in personnel administration in all State departments subject to State Merit System coverage. (c) The council shall be empowered with the authority to adopt bylaws which prescribe its organizational structure, officers and terms and conditions of office, meeting schedules and such other organizational and operational procedures as are necessary for its lawful and effective functioning. As the professional association empowered to represent the interests of the several departments in the area of State personnel administration, the council shall, through its offices, have direct access to the board, the commissioner, the Governor and the General Assembly relative to the presentation of grievances, suggestions and recommendations., so that when so amended said section shall read as follows: 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;

Page 1488

(3) to serve as a channel through which the operating agencies may express their opinions on matters affecting State personnel; (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) Membership in the council shall be open to persons serving in technical, professional, supervisory and executive capacities in personnel administration in all State departments subject to State Merit System coverage. (c) The council shall be empowered with the authority to adopt bylaws which prescribe its organizational structure, officers and terms and conditions of office, meeting schedules and such other organizational and operational procedures as are necessary for its lawful and effective functioning. As the professional association empowered to represent the interests of the several departments in the area of State personnel administration, the council shall, through its offices, have direct access to the board, the commissioner, the Governor and the General Assembly relative to the presentation of grievances, suggestions and recommendations. 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 6, 1976.

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TROUBLED CHILDREN STUDY COMMITTEE CREATED. No. 120 (Senate Resolution No. 315). A Resolution. Creating the Troubled Children Study Committee; and for other purposes. Whereas, children are the most important resource of any society and troubled children both suffer in their own right and represent a wastage of our most important resource; and Whereas, a need exists to study and plan for improved services to troubled children, specifically those who require care outside their own families in mental hospitals, residential treatment centers, youth development centers, children's homes, group homes, specialized foster homes, regular foster homes, etc. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Troubled Children Study Committee to be composed of ten members to be 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 existing programs serving troubled children and the means by which improved services can be developed, to prepare legislation necessary to improve on existing services, and to study budget proposals necessary to improve on existing services, and to study budget proposals necessary for the implementation of such improved services. 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

Page 1490

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 1977 Session of the General Assembly on or before December 31, 1976, at which time the Committee shall stand abolished. Approved April 7, 1976. GEORGIA PUBLIC ASSISTANCE ACT AMENDEDFRAUD PROVISIONS CHANGED, ETC. No. 1384 (Senate Bill No. 532). 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, particularly by an Act approved March 28, 1973 (Ga. L. 1973, p. 183), and an Act approved April 17, 1975 (Ga. L. 1975, p. 477), so as to change the provisions relative to the offense of fraud in obtaining public assistance; to change certain penalties;

Page 1491

to provide for determining the amount fraudulently obtained; 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, particularly by an Act approved March 28, 1973 (Ga. L. 1973, p. 183), and an Act approved April 17, 1975 (Ga. L. 1975, p. 477), is hereby amended by striking in section 13 (a), the following: amount or value of public assistance, food stamps or medical assistance (medicaid) so obtained exceeds $500 in which event such person shall be punished as for a felony and sentenced from 1 to 3 years, and substituting in lieu thereof, the following: total amount of the value of public assistance, food stamps and medical assistance (medicaid) so obtained exceeds $500 in which event such person shall be punished as for a felony and sentenced from one to five years. In determining the amount of value of public assistance, food stamps and medical assistance obtained by false statement, failure to disclose information, or impersonation, or other fraudulent device, the total amount obtained during any uninterrupted period of time shall be treated as one continuing offense, so that when so amended, section 13(a) shall read as follows: (a) Any person who by means of a false statement, failure to disclose information, or impersonation, or by other fraudulent device, obtains or attempts to obtain, or any person who knowingly or intentionally aids or abets such person in the obtaining or attempting to obtain, (1) any grant or payment of public assistance, food stamps, or medical assistance (medicaid) to which he is not entitled;

Page 1492

(2) a larger amount of public assistance, food stamp allotment, or medical assistance (medicaid) than that to which he is entitled; or (3) payment of any forfeited grant of public assistance; or, any person who with intent to defraud the Department in the buying or in any way disposing of the real property of a recipient of public assistance, shall be punished as for a misdemeanor unless the total amount of the value of public assistance, food stamps and medical assistance (medicaid) so obtained exceeds $500 in which event such person shall be punished as for a felony and sentenced from one to five years. In determining the amount of value of public assistance, food stamps and medical assistance obtained by false statement, failure to disclose information, or impersonation, or other fraudulent device, the total amount obtained during any uninterrupted period of time shall be treated as one continuing offense. Fraud. 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 6, 1976.

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INGRAM-HOGAN BUILDING DESIGNATED, ETC. No. 121 (Senate Resolution No. 316). A Resolution. Commending Mrs. James C. Hogan and designating the Ingram Building at Central State Hospital as the Ingram-Hogan Building; and for other purposes. Whereas, Mr. James C. Hogan began work in the Food Service Department at Central State Hospital, then known as the Milledgeville State Hospital, on June 16, 1937; and Whereas, Mr. Hogan later was one of the first food service employees to serve a meal in the new kitchen at Central State Hospital, and later was to serve faithfully as an attendant in the Bostick Building and the Whittle Building; and Whereas, Mr. Hogan, realizing the importance of education in advancing himself in his work, subsequently enrolled in night school after having been out of school for 23 years, received his G.E.D. diploma in two years, and was thereupon promoted to Attendant II; and Whereas, Mr. Hogan retired in 1972 after almost 35 years of dedicated service to Central State Hospital and the State of Georgia; and Whereas, Mr. Hogan has served as President of the Harrisburg School PTA and due to his outstanding leadership the first community playground in the Harrisburg and Scottsborough Communities was organized; and Whereas, Mr. Hogan was appointed in 1970 by the Grand Jury of Baldwin County to the Baldwin County Board of Education and was later elected to a full term of office on said board, where he has tirelessly worked for the best interest of his community. Now, therefore, be it resolved by the General Assembly

Page 1494

of Georgia that Mr. James C. Hogan is hereby commended for his significant contributions to Central State Hospital and to Baldwin County and in lasting tribute the Ingram Building at Central State Hospital is hereby named and designated as the Ingram-Hogan Building. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mr. James C. Hogan and to the Commissioner of the State Department of Human Resources. Approved April 7, 1976. LAND CONVEYANCE TO BURKE COUNTY BOARD OF COMMISSIONERS AUTHORIZED. No. 122 (Senate Resolution No. 322). A Resolution. Authorizing the conveyance of certain State-owned real property located within Burke County to the Board of Commissioners of Burke County; authorizing the sale and transfer of certain State-owned surplus personal property to the Board of Commissioners of Burke County; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Burke County, Georgia, and commonly known as the Waynesboro Museum; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 0.356 acres more or less, and is more particularly described as follows: That certain tract or parcel of land with improvements thereon, known as the Waynesboro Museum property, located on Liberty Street in the City of Waynesboro,

Page 1495

60-62nd G.M.D. of Burke County, Georgia, being the identical land and improvements conveyed to the State of Georgia by the following deeds: 1. From Miss Mary Pearl Hopkins by indenture dated February 1, 1969, recorded in Deed Book 82, pages 2-3. 2. From Mrs. Mary Pearl Hopkins, a/k/a Mrs. H. C. Hopkins, by indenture dated February 1, 1969, recorded in Deed Book 82, page 2. The above-described two tracts of land are more fully shown on a plat of survey prepared by Lamar O. Reddick, dated November 18, 1968, recorded in File A-494, both deeds and plat being filed in the Burke County registry.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of the Waynesboro Museum, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the Board of Commissioners of Burke County is desirous of obtaining all of said real property and certain of the personal property located thereon for park, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property subject to the following stipulations: (1) that said real property shall be conveyed to the Board of Commissioners of Burke County for a consideration to be mutually agreed upon by the State Department

Page 1496

of Natural Resources and the Board of Commissioners of Burke County; and (2) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (3) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to the Board of Commissioners of Burke County, that certain personal property used in the operation and maintenance of the Waynesboro Museum, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations: (1) that said personal property shall be sold and transferred to the Board of Commissioners of Burke County for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances; (2) that said personal property shall be transferred to the Board of Commissioners of Burke County subject to the conditions that (a) such property shall not be resold by the Board of Commissioners of Burke County within one year after such transfer without the written consent of the State Department of Administrative Services, and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to suprevise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property

Page 1497

shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved April 7, 1978. ARSON AND RELATED OFFENSES REDEFINED. Code Chapter 26-14 Amended. No. 1385 (Senate Bill No. 565). An Act to amend Code Chapter 26-14, relating to arson and related offenses, so as to provide that it shall be unlawful for any person to damage any dwelling house, building, vehicle, railroad car, watercraft or any other structure in which another has a security interest including, but not limited to, a morgage, lien or conveyance to secure debt, by means of fire or explosive; to provide for degrees thereof; to provide for punishment; 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 26-14, relating to arson and related offenses, is hereby amended by striking Code section 26-1401, relating to the crime of arson in the first degree, in its entirety and substituting in lieu thereof the following: 26-1401. Arson in the First Degree . A person commits arson in the first degree when, by means of fire or explosive, he knowingly damages: (a) any dwelling house of another without his consent or in which another has a security interest including, but not limited to, a mortgage, lien, or a conveyance to secure debt without the consent of both whether it is occupied, unoccupied, or vacant, or (b) any building, vehicle, railroad car, watercraft, or other structure of another without his consent or in which another has a security interest including, but not limited to, a mortgage, lien, or a conveyance to secure debt without the consent of both if such structure is designed for use as a dwelling,

Page 1498

whether it is occupied, unoccupied or vacant, or (c) any building, vehicle, railroad car, watercraft, aircraft or other structure under such circumstances that it is reasonably foreseeable that human life might be endangered. A person convicted of arson in the first degree shall be punished by imprisonment for not less than one or more than 20 years. Section 2 . Said Code Chapter is further amended by striking in its entirety Code section 26-1402, relating to the crime of arson in the second degree, and substituting in lieu thereof the following: 26-1402. Arson in the Second Degree . A person commits arson in the second degree as to any building and structures not included or described in section 26-1401 when, by means of fire or explosive, he knowingly damages any building or structure of another without his consent or in which another has a security interest, including but not limited to a mortgage, lien, or conveyance to secure debt, without the consent of both. A person convicted of arson in the second degree shall be punished by imprisonment for not less than one nor more than 10 years. Section 3 . Said Code Chapter is further amended by striking in its entirety Code section 26-1403, relating to the crime of arson in the third degree, and substituting in lieu thereof the following: 26-1403. Arson in the Third Degree . A person commits arson in the third degree when, by means of fire or explosive, he knowingly damages any personal property of another without his consent or in which another has a security interest, including a lien, without the consent of both and the value of the property is $25 or more. A person convicted of arson in the third degree shall be punished by imprisonment for not less than one nor more than three years. Section 4. Severability . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such

Page 1499

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 5. Effective Date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1976. THE GEO. L. SMITH II STATE PARK DESIGNATED. No. 123 (Senate Resolution No. 325). A Resolution. Designating Parrish's Pond and certain surrounding land located in Emanuel County as The Geo. L. Smith II State Park; and for other purposes. Whereas, the late and beloved Speaker of the Georgia House of Representatives was instrumental in the acquisition of a beautiful area in Emanuel County by the Department of Natural Resources for the establishment of a State Park; and Whereas, although Speaker Smith has received many posthumous honors, he has not been properly honored in his own home county; and Whereas, the naming of a State Park in Emanuel County

Page 1500

in honor of Geo. L. Smith II would be a fitting and proper memorial. Now, therefore, be it resolved by the General Assembly of Georgia that this Body does hereby designate the area known as Parrish's Pond in Emanuel County as The Geo. L. Smith II State Park in memory of and as a perpetual memorial to the Honorable Geo. L. Smith II. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mrs. Geo. L. Smith II and to the Commissioner of the Department of Natural Resources. Approved April 7, 1976. CODE OF PUBLIC TRANSPORTATION AMENDEDENFORCEMENT OFFICERS DUTIES SPECIFIED, ETC. No. 1386 (Senate Bill No. 572). 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 April 19, 1973 (Ga. L. 1973, p. 1401), an Act approved March 21, 1974 (Ga. L. 1974, p. 533), an Act approved March 28, 1974 (Ga. L. 1974, p. 1111), an Act approved March 28, 1974 (Ga. L. 1974, p. 1215), an Act approved March 28, 1974 (Ga. L. 1974, p. 1422), an Act approved March 13, 1975 (Ga. L. 1975, p. 68), an Act approved March 18, 1975 (Ga. L. 1975, p. 98), an Act approved March 18, 1975 (Ga. L. 1975, p. 102), an Act approved April 14, 1975 (Ga. L. 1975, p. 400), an Act approved April 18, 1975 (Ga. L. 1975, p. 812), an Act approved April 18, 1975 (Ga. L. 1975, p. 833), an Act approved April 24, 1975 (Ga. L. 1975, p. 1154), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1159), so as to specify the duties and powers of the enforcement officers employed by the

Page 1501

Department of Transportation; to provide for other matters; 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 April 19, 1973 (Ga. L. 1973, p. 1401), an Act approved March 21, 1974 (Ga. L. 1974, p. 533), an Act approved March 28, 1974 (Ga. L. 1974, p. 1111), an Act approved March 28, 1974 (Ga. L. 1974, p. 1215), an Act approved March 28, 1974 (Ga. L. 1974, p. 1422), an Act approved March 13, 1975 (Ga. L. 1975, p. 68), an Act approved March 18, 1975 (Ga. L. 1975, p. 98), an Act approved March 18, 1975 (Ga. L. 1975, p. 102), an Act approved April 14, 1975 (Ga. L. 1975, p. 400), an Act approved April 18, 1975 (Ga. L. 1975, p. 812), an Act approved April 18, 1975 (Ga. L. 1975, p. 833), an Act approved April 24, 1975 (Ga. L. 1975, p. 1154), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1159), is hereby amended by striking section 95A-962 in its entirety and substituting in lieu thereof a new section 95A-962, to read as follows: 95A-962. Police Powers of the Department of Transportation . (a) It shall be the duty of the Department of Transportation to enforce the provisions of this Article and the licensing and fuel tax registration requirements contained in Georgia Code of Public Transportation section 95A-302(o). To carry out this duty, the Commissioner of Transportation is authorized to appoint enforcement officers, who shall have the power: (1) To enforce all laws, rules and regulations pertaining to the provisions of this Article and the licensing and fuel tax registration requirements contained in Georgia Code of Public Transportation section 95A-302(o); (2) To prevent and detect acts which constitute civil or criminal violations of the laws, rules and regulations pertaining to the provisions of this Article and the licensing

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and fuel tax registration requirements contained in Georgia Code of Public Transportation Section 95A-302(o); (3) To arrest without warrant any person charged with criminal offenses appertaining to the laws, rules and regulations pertaining to the provisions of this Article and the licensing and fuel tax registration requirements contained in Georgia Code of Public Transportation section 95A-302(o); (4) To issue citations for civil damages to any person found violating the laws, rules and regulations pertaining to the weights of motor vehicles, trailers and loads. (b) Each person designated by the Commissioner of Transportation as an enforcement officer shall take oath before an officer duly authorized to administer oaths. For each such person the department shall secure a bond of not less than $5,000 from a surety company licensed to transact business in the State of Georgia conditioned upon the faithful performance of his duties, payable to the Commissioner of Transportation and his successors in 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. Approved April 6, 1976. LAND CONVEYANCE TO ELBERT COUNTY AUTHORIZED. No. 124 (Senate Resolution No. 332). A Resolution. Authorizing the conveyance of certain State-owned real property located within Elbert County to Elbert County; authorizing the sale and transfer of certain State-owned

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surplus personal property to Elbert County; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Elbert County, Georgia, and commonly known as Nancy Hart State Park; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 4.866 acres, more or less, and is more particularly described as follows: That certain tract or parcel of land known as the Nancy Hart Memorial Park property, located in the 191st, District G.M., of Elbert County, Georgia, being the same land conveyed to the State of Georgia by the Georgia State Society of the National Society, Daughters of the American Revolution, by deed dated January 16, 1950, of record in Deed Book 46, Page 388, and as more fully shown on plat of survey by A. P. Stevens, Jr., dated November 7, 1955, recorded in Map Book 14 at page 536, all in the Elbert County Registry, said tract containing 4.866 acres, more or less.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of Nancy Hart State Park, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the County of Elbert is desirous of obtaining all of said real property and certain of the personal property located thereon for park, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly

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of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the County of Elbert for a consideration to be mutually agreed upon by the State Department of Natural Resources and the County of Elbert; and (2) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (3) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to Elbert County, that certain personal property used in the operation and maintenance of Nancy Hart State Park, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations: (1) that said personal property shall be sold and transferred to the County of Elbert for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances; (2) that said personal property shall be transferred to the County of Elbert subject to the conditions that (a) such property shall not be resold by the County of

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Elbert within one year after such transfer without the written consent of the State Department of Administrative Services, and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved April 7, 1976. ROBERT BATTEY SURGICAL BUILDING DESIGNATED. No. 125 (Senate Resolution No. 357). A Resolution. Designating the medical-surgical building at the Northwest Georgia Regional Hospital as the Robert Battey Surgical Building; and for other purposes. Whereas, the Northwest Georgia Regional Hospital in Rome, Georgia, was formerly known as the Battey State Hospital in honor of Dr. Robert Battey; and Whereas, Dr. Robert Battey was born on November 26, 1828, in Augusta, Georgia, began his study of medicine in 1849, and began the practice of medicine in 1857 in Rome, Georgia; and Whereas, he served in the Confederate Army as a surgeon from 1861-1865; and

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Whereas, he later returned to Rome, Georgia, and specialized in obstetrics, gynecology and surgery, during the practice of which he originated Battey's Operation; and Whereas, he died in 1895; and Whereas, Battey State Hospital was the world's first tuberculosis rehabilitation center and the most important tuberculosis treatment center in the world. Now, therefore, be it resolved by the General Assembly of Georgia that in lasting tribute to the many significant contributions made by Dr. Robert Battey to the field of medicine and surgery, the medical-surgical building at the Northwest Georgia Regional Hospital is hereby designated as the Robert Battey Surgical Building. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to the State Commissioner of Human Resources. Approved April 7, 1976. PRISONERSPROVIDING WITH CERTAIN ITEMS PENALIZED. No. 1387 (Senate Bill No. 579). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 23, 1956 Ga. L. 1956, p. 161), as amended, particularly by an Act approved February 16, 1961 (Ga. L. 1961, p. 45), and by an Act approved March 29, 1971 (Ga. L. 1971, p. 220), so as to provide that it shall be unlawful for any person to obtain or procure for or give to a convict a

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weapon, intoxicating liquors, drugs or any other article or item without the consent of the warden or deputy warden; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 23, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved February 16, 1961 (Ga. L. 1961, p. 45), and by an Act approved March 29, 1971 (Ga. L. 1971, p. 220), is hereby amended by striking section 33.6 in its entirety and inserting in lieu thereof a new section 33.6 to read as follows: Section 33.6. Any person violating any of the provisions of sections 33.3, 33.4 and 33.8 shall be guilty of a felony and upon conviction thereof shall be imprisoned for not less than one nor more than five years. Penalty. Section 2 . Said Act is further amended by inserting a new section to be designated section 33.8 to read as follows: Section 33.8. It shall be unlawful for any person to obtain or procure for or give to a convict a gun, pistol, or any other weapon, or any intoxicating liquor, or amphetamines, or biphetamines, or any other hallucinogenic drugs, or any drugs, or any other article or item, without the knowledge and consent of the warden or his deputy warden in charge. Any person who knowingly violates the provisions of this section shall be guilty of a felony and upon conviction thereof shall be punished as provided in section 33.6. Items. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1976.

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TRANSPORTATION CODE AMENDEDOUTDOOR ADVERTISING PERMITSPROVISIONS CHANGED. Code 95A-922 Amended. No. 1388 (Senate Bill No. 661). An Act to amend Code section 95A-922, relating to application for permits for the control of outdoor advertising, as amended, so as to change the provisions relating to applications for permits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 95A-922, relating to applications for permits for the control of outdoor advertising, as amended, is hereby amended by striking from the first sentence of said Code section the following: both, and by striking from said Code section the following: and the owner of the land or interest therein on which the sign is to be erected, so that when so amended, Code section 95A-922 shall read as follows: Section 95A-922. Applications for permits . Applications for permits and the renewal thereof shall be made to the Department upon forms prescribed by the Department; shall contain the signature of the applicant and such other information as may be required by the Department; and shall be verified under oath by the person, firm, or corporation making the application. Permits and renewals thereof shall be issued for, and shall be valid only if the sign is erected and maintained in accordance with this Article during the 12-month period next following the date of issuance. The fee for the initial issuance of a permit shall be

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$25.00. The fee for the renewal of a permit shall be $10.00. The money received from permit fees shall be used to help defray the expenses of administering the provisions of this Article, any provision of Georgia Code sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwithstanding. Upon receipt of a properly executed application and the appropriate fee for the erection or maintenance of a sign which may be lawfully erected, or maintained pursuant to the provisions of this Article, the Department shall, within 60 days, issue a permit or renewal authorizing the erection or maintenance, or both, of the sign for which application was made; provided, that in the case of an application for renewal of a permit the Department may defer action until the expiration date of the permit if the sign owner has not erected a sign by the expiration date of the 60-day period. Application for the renewal of a permit shall be made to the Department not more than 90 nor less than 60 days before the expiration date of the permit for which renewal is sought. No permit shall be renewed if the application for the renewal thereof has not been made in accordance with the provisions of this section. Permits and renewals shall be transferable and shall be surrendered by the holder thereof to the Department after any change in the ownership of the sign or the land upon which it is located takes place and shall be accompanied by written notice to the Department, verified under oath by the holder of the permit or renewal thereof, identifying the person, firm, or corporation to whom the sign or land, or any interest thereon, has been sold. An application to have said permit transferred shall be made within 15 days of the change in ownership. 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 6, 1976.

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BOARD OF REGENTSFEMALE ADMISSION TO BRANCH COLLEGES, PROVISION STRICKEN. Code Chapter 32-1 Amended. No. 1389 (Senate Bill No. 681). An Act to amend Code Chapter 32-1, relating to the Board of Regents and the University System in general, as amended, by striking in its entirety Code section 32-123, relating to females admitted to branch colleges; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 32-1, relating to the Board of Regents and the University System in general, as amended, is hereby amended by striking in its entirety Code section 32-123, which reads as follows: 32-123. Females admitted to branch colleges.All the branch colleges of the University of Georgia, now or hereafter established, except the Georgia School of Technology at Atlanta and the colleges for Negroes, shall be open to all white female students of proper age and qualifications, with equal rights and privileges as those exercised and enjoyed by the male students of such institutions, under such rules and regulations as may be prescribed by the Board of Regents. Code 32-123 repealed. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1976.

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ATTORNEYSPRACTICE OF CERTAIN LAW BY CORPORATIONS, ETC., PROVIDED. Code 9-401 Amended. No. 1390 (House Bill No. 1344). An Act to amend Code section 9-401, relating to the definition of the practice of law, as amended by an Act approved March 10, 1937 (Ga. L. 1937, p. 753), so as to authorize corporations, voluntary associations, and individuals which are parties to a dispossessory warrant or distress warrant proceeding to prepare and file the necessary documents and to prosecute such proceedings without an attorney; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 9-401, relating to the definition of the practice of law, as amended by an Act approved March 30, 1937 (Ga. L. 1937, p. 753), is hereby amended by striking in said Code section, the following: but in preparing and filing affidavits upon which the following summary proceedings are based, to-wit, dispossessory warrants, distress warrants, and attachments, and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee that is not a duly licensed attorney-at-law, and substituting in lieu thereof, the following: but in preparing and filing affidavits in attachments and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee that is not a duly licensed attorney-at-law, so that when so amended, Code section 9-401 shall read as follows:

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9-401. Practice of law defined; service to self; advice by banks; gratuitous drawing of papers; title insurance companies .The practice of law in this State is defined as representing litigants in court and the preparation of pleadings and other papers incident to any action or special proceedings in any court or other judicial body; conveyancing; the preparation of legal instruments of all kinds whereby a legal right is secured; the rendering of opinions as to the validity or invalidity of titles to real or personal property; the giving of any legal advice; and any action taken for others in any matter connected with the law. Provided, however, that nothing herein contained shall prevent any corporation, voluntary association, or individual from doing any act or acts hereinabove set out, to which said persons are a party, but in preparing and filing affidavits in attachments and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee that is not a duly licensed attorney-at-law. Nor shall any bank be prohibited from giving any advice to its customers in matters incidental to banks or banking. Nor shall any person, firm, or corporation be prohibited from drawing any legal instrument for another person, firm, or corporation, providing it is done without fee and solely at the solicitation and request and under the direction of the person, firm, or corporation desiring to execute such instrument. Provided, that a title insurance company may prepare such papers as it thinks proper, or necessary, in connection with a title which it proposes to insure, in order, in its opinion, for it to be willing to insure such title, where no charge is made by it for such papers. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1976.

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GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT AMENDEDCERTAIN MINIMUM LIABILITY INSURANCE COVERAGE PROVIDED. No. 1391 (House Bill No. 1661). 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 certain insurers which issue policies or contracts providing motor vehicles liability insurance coverage, or any other similar coverage, shall include in such policies or contracts of insurance at least certain minimum coverage; to provide that such policies or contracts of insurance shall be deemed to satisfy the minimum requirements of this Act if a motorist insured under such policies or contracts of insurance is involved in a motor vehicle accident in this State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. L. 1974, p. 113), is hereby amended by striking subsection (a) of section 5, which reads as follows: (a) All policies of motor vehicle liability insurance issued in this State must be in accordance with the requirements of this Act, and no insurer shall issue a policy of motor vehicle liability insurance in this State that does not contain at least the minimum coverages required under this Act., in its entirety, and inserting in lieu thereof a new subsection (a), to read as follows: (a) (1) All policies of motor vehicle liability insurance issued in this State must be in accordance with the requirements of this Chapter, and no insurer shall issue a policy of motor vehicle liability insurance in this State that does

Page 1514

not contain at least the minimum coverages required under this Chapter. Coverage. (2) All insurers authorized to transact or transacting insurance in this State, or controlling or controlled by or under common control by or with an insurer authorized to transact or transacting insurance in this State which issue policies or contracts providing motor vehicle liability insurance coverage, or any other similar coverage, in any State or Canadian province shall include in such policies or contracts of insurance a provision which provides at least the minimum coverage required under Section 3(b) of this Act with respect to motorists insured under such policies or contracts who are involved in motor vehicle accidents in this State, and notwithstanding any provisions of any such policies or contracts to the contrary all such policies or contracts of insurance shall be deemed to satisfy the minimum requirements of this Act if a motorist insured under such policies or contracts of insurance is involved in a motor vehicle accident in this State. (3) Nothing contained herein shall be deemed to prohibit a nonadmitted insurer not otherwise required by paragraph two (2) above to provide the minimum benefits required by section 3 of this Act from providing such benefits for its insured motorists who are involved in motor vehicle accidents in this State and to the extent that such benefits are provided such policies or contracts shall be deemed to provide the minimum coverage required by this Act. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1976.

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LAND CONVEYANCE TO IDA CASON CALLAWAY FOUNDATION AUTHORIZED. No. 126 (Senate Bill No. 374). A Resolution. Authorizing the conveyance of certain State-owned real property located in Harris County, Georgia, to the Ida Cason Callaway Foundation and the acceptance of certain property owned by the Ida Cason Callaway Foundation, located in Harris County, Georgia, in consideration therefor; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Harris County, Georgia, now administered by the State Department of Natural Resources, being more particularly described as follows: That certain tract or parcel of land consisting of 50 acres, more or less, situated and being at the northwestern boundary of Franklin D. Roosevelt State Park; bounded and described as follows: From a rock at the Southeastern corner of Land Lot 44, in the 3rd District of Harris County, proceed west along the south line of LL 44 1,485[UNK] to an iron pin, said pin being the point of beginning; thence proceed west along the south line of LL 44 to the intersection of the eastern right-of-way line of the central of Georgia Railway; thence proceed northwesterly along said eastern right-of-way line to its intersection with the west line of LL 44; thence proceed north along the west line of LL 44 approximately 600[UNK] to an iron pin; thence N. 88 E. a distance of 1,488[UNK] to an iron pin; thence S. 2 E. a distance of 1,507[UNK] to the point of beginning; and Whereas, the Ida Cason Callaway Foundation is the owner of certain real property located in Harris County, and comprising approximately 25 acres, more or less, presently under the administration of Callaway Gardens, and more particularly described as follows:

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Beginning at the iron pin and rock pile at the southwestern corner of LL 46, in the 3rd District of Harris County, proceed east along the south line of said LL 46 a distance of 1,398[UNK] to an iron pin; thence north parallel with the west line of LL 46 in its intersection with the centerline of Mountain Creek; thence westerly along the meanderings of the centerline of said creek to its intersection with the west line of said LL 46; thence south along the west line of LL 46 to the point of beginning; and Whereas, the State of Georgia is desirous of obtaining the above described property owned by the Ida Cason Callaway Foundation for park, recreation, and related purposes; and Whereas, the Ida Cason Callaway Foundation is desirous of obtaining all or part of the above described State-owned property for the protection and consolidation of their present lands; and Whereas, the exchange of all or part of said parcels on an equal value basis, by and between the State of Georgia and the Ida Cason Callaway Foundation, would be in the public interest. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf and in the name of the State of Georgia, is hereby authorized and empowered to convey by appropriate instrument all or any part of the hereinabove described State-owned property to the Ida Cason Callaway Foundation and to accept in consideration therefor, from the Ida Cason Callaway Foundation, a conveyance in fee simple of all of the hereinabove described Foundation-owned property, subject to the following conditions: (1) That plats of survey and full legal descriptions of the tracts or parcels involved in the exchange be prepared and submitted to the State Properties Commission prior to the consummation of the exchange; and

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(2) That the said plats of survey, and such other documents as may be required, and any and all other terms, conditions, and agreements relating to such exchange of properties negotiated by and between the Department of Natural Resources and the Ida Cason Callaway Foundation, are satisfactory to and approved by the State Properties Commission. Approved April 7, 1976. INSURANCECERTAIN INFORMATION OBTAINED BY COMMISSIONER DEEMED CONFIDENTIAL. Code Chapter 56-13 Amended. No. 1392 (House Bill No. 1672). An Act to amend Code Chapter 56-13, relating to fees and taxes, as amended, so as to provide that certain information shall be confidential and privileged; to prohibit the disclosure of certain confidential information; to provide for exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 56-13, relating to fees and taxes, as amended, is hereby amended by adding at the end thereof a new Code section, to be designated as Code section 56-1313, to read as follows: Section 56-1313Confidential treatment . The information secured by the Commissioner incident to the administration of any tax provided for in this Chapter or elsewhere in this Title shall be confidential and privileged. Neither the Commissioner nor any members of his staff or any of his authorized representatives shall without prior written consent of the taxpayer divulge or disclose any such confidential information obtained from the Insurance Department's records, or from an examination of the business

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of the taxpayer to any person other than an officer or representative of a state or local government entitled to such information in his official capacity, or to the taxpayer or his authorized representative. Provided that the Insurance Commissioner may furnish such confidential information to the appropriate insurance regulatory, tax or legal official of another state, territory, country or of the United States government, if the office or officer of said state, territory, country or of the United States government makes its own such records available to the Commissioner. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1976. METROPOLITAN ATLANTA EXPRESSWAY SYSTEM DEVELOPMENT PLAN AUTHORIZED. No. 129 (House Resolution No. 228-910). A Resolution. Creating an Atlanta Expressway Study Commission to develop a plan for the creation of a single organizational unit to control the Metropolitan Atlanta Expressway System; and for other purposes. Whereas, there are currently many separate police agencies within the State of Georgia with jurisdiction over segments of the expressway system which causes unequal enforcement of traffic laws on the system and results in uncertainty about traffic law enforcement for the public; and Whereas, an important element of the successful operation of the Metropolitan Atlanta Expressway System is public support, and uniform enforcement of the traffic laws on the system will help gain this public support; and

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Whereas, a single organizational unit which controls the planning, operation and law enforcement for the Metropolitan Atlanta Expressway System is essential to the maximum efficient use of the system and to public cooperation and participation in expressway traffic and safety programs. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Atlanta Expressway Study Commission to be composed as follows: two members of the House of Representatives appointed by the Speaker; two members of the Senate appointed by the President of the Senate; the Chairman of the House Highways Committee; the Chairman of the Senate Transportation Committee; two members appointed by the Governor; one member appointed by the Commissioner of the Department of Transportation; and one member appointed by the Commissioner of Public Safety. The Speaker and the President of the Senate shall each designate one of their appointees as co-chairman. The Commission is hereby authorized and directed to develop a plan for the creation of a single organizational unit to control the Metropolitan Atlanta Expressway System through planning, operation, and enforcement of traffic laws. The plan shall include the following: (1) the coordination of the enforcement of traffic laws on the system by both the law enforcement agencies and the traffic courts with jurisdiction over all or parts of the system. (2) the establishment of the elements of such a plan and the priorities with which the elements should be carried out. (3) the cost of each element of the plan. (4) the means to achieve the merger of law enforcement, highway engineering and education of the driving public into a single team effort to gain the maximum use from the system and the public investment therein.

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Be it further resolved that the legislative members 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 20 days unless additional days are authorized by the Speaker and the President of the Senate. The funds necessary to pay such expenses and allowances and to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government. Be it further resolved that the Commission shall make a report of its findings and recommendations on or before the date the General Assembly convenes in regular session in 1977. Approved April 7, 1976. LAND CONVEYANCE TO DOUGLAS COUNTY AUTHORIZED. No. 131 (House Resolution No. 495-1333). A Resolution. Authorizing the conveyance of certain real property located in Douglas County, Georgia; and for other purposes. Whereas, the State of Georgia is a joint owner of certain real property located in Douglas County, Georgia; and Whereas, said real property consists of one tract or parcel of land lying and being in the County of Douglas, State of Georgia, and being more particularly described as follows: All that tract or parcel of land lying and being in Original land lot number One Hundred Fifty Three (153) in the second (2nd) District, Fifth (5th) Section of originally Carroll, now Douglas County, and more particularly

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described, as follows; Commencing at the intersection of Broad street and Enterkin street in the Town of Winston, Georgia, said county, and thence running east along the North side of Enterkin street a distance of Fifty (50) feet to an established corner; Thence running North parallel with Broad street a distance of Sixty (60) feet to an established corner; Thence running west parallel with Enterkin street a distance of Fifty (50) feet to the East side of Broad street; Thence running South along the East side of Broad street a distance of Sixty (60) feet to the intersection of Broad street and Enterkin street at point of beginning; and Whereas, the above described real property is no longer needed by the State of Georgia and is therefore surplus; and Whereas, the County of Douglas is desirous of obtaining said tract of land for the purpose of building a county fire station on said parcel 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 or parcel of land subject to the following conditions: (1) That said tract or parcel of land shall be conveyed to the County of Douglas; and (2) that the conveyance of said tract or parcel of land shall be approved by the State Properties Commission; and (3) that the conveyance of said tract or parcel of land shall be upon such terms and conditions and for such

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consideration as may be mutually agreed upon by the governing authority of the County of Douglas and the State Properties Commission. Approved April 7, 1976. COUNTIES REQUIRED TO OPEN COURTHOUSE, ETC. DURING NORMAL WORKING HOURS. Code Chapter 23-1 Amended. No. 1393 (House Bill No. 1683). An Act to amend Code Chapter 23-1, relating to the names and jurisdiction of counties, so as to require county courthouses and the offices therein to remain open for the transaction of the public's business during normal working hours; to define normal working hours; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 23-1, relating to the names and jurisdiction of counties, is hereby amended by adding a new Code section at the end thereof to be designated Code section 23-103 and to read as follows: 23-103. Courthouse to remain open; normal working hours defined . It shall be the duty and responsibility of the governing authority of each county of this State to keep the county courthouse and the county offices maintained therein open for the transaction of the public's business during normal working hours. As used herein `normal working hours' means a minimum of forty working hours during each calendar week, except for those weeks during which public and legal holidays, which are recognized and designated as such by Georgia law or by the governing authority of the county, are observed.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1976. GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT AMENDED. CERTAIN PROVISIONS REQUIRED IN LIABILITY POLICIES. No. 1394 (House Bill No. 1765). An Act to amend the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. L. 1974, p. 113), as amended, so as to require the inclusion of certain provisions within certain motor vehicle liability insurance policies issued in this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. L. 1974, p. 113), as amended, is hereby amended by adding at the end of section 5 a new subsection (e) to read as follows: (e) Each policy of liability insurance issued in this State providing coverage to motor vehicles owned by a person, firm or corporation engaged in the business of selling at retail new and used motor vehicles shall provide that when an accident involves the operation of a motor vehicle by a person who is neither the owner of the vehicle involved in the accident nor an employee of the owner, and the operator of the motor vehicle is an insured under a complying policy other than the complying policy insuring the motor vehicle involved in the accident, primary coverage as to all coverages provided in the policy under which the operator is an insured shall be afforded by the policy insuring the

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said operator and any policy under which the owner is an insured shall afford excess coverages. Provisions. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1976. WILLSTRUSTSINVESTMENTS BY FIDUCIARIESPROVISIONS CLARIFIED. No. 1395 (House Bill No. 1771). An Act to amend an Act relating to authorized investments by executors and trustees, approved March 27, 1972 (Ga. L. 1972, p. 450), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 1973, p. 718), so as to clarify and codify the existing law of this State that a surviving spouse who is the income beneficiary of a trust designed to qualify for the marital deduction under section 2056 (b) (5) of the Internal Revenue Code of 1954 or any subsequent statute of similar import shall have the right to direct the trustee administering such trust to convert unproductive or non-income-producing property into productive or income-producing property; 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 authorized investments by executors and trustees, approved March 27, 1972 (Ga. L. 1972, p. 450), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 718), is hereby amended by designating the first paragraph of section 2 as subsection (a) and by adding a new paragraph, to be designated subsection (b), to read as follows: (b) Anything in this section or any other provision of the laws of this State to the contrary notwithstanding, the

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income beneficiary of a trust designed to qualify for the federal estate tax marital deduction under section 2056 (b) (5) of the Internal Revenue Code of 1954 or any subsequent statute of similar import shall have the right to direct the trustee of such trust to convert any unproductive or non-income-producing property which is at any time acquired, invested in or retained by such trustee into productive or income-producing property. It is intended by the enactment of this subsection (b) to codify and clarify existing law relating to the subject matter hereof, and the enactment of this law shall not imply that existing law is otherwise than as provided herein. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1976. SMALL AND MINORITY OWNED BUSINESSES STUDY COMMITTEE CREATED. No. 137 (House Resolution No. 543-1498). A Resolution. Creating the Small and Minority Owned Businesses Study Committee; and for other purposes. Whereas, the current economic conditions facing our State and Nation have caused a particularly severe impact on small and minority owned businesses; and Whereas, collectively, these businesses are very important to the sustained economic well-being of the State of Georgia and its citizens; and

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Whereas, there is a need to study the problems and needs of small and minority owned businesses in order to develop methods to alleviate these problems. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Small and Minority Owned Businesses Study Committee, to be composed of five members of the House of Representatives, to be appointed by the Speaker of the House of Representatives; five Senators, to be appointed by the President of the Senate; and five members to be appointed by the Governor. The Committee shall be authorized to explore the needs and problems of small and minority owned businesses and to develop programs and to assist in solving these problems. The Committee shall also be authorized to initiate such action as it may deem necessary to encourage economic development and assistance for small and minority owned businesses. The Committee may conduct such meetings at such places and at such times as it may deem necessary and convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution. The members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than 10 days. The legislative members of the Committee shall be paid from the funds appropriated to or available to the legislative branch of State government. The other members of the Committee shall be paid from the funds appropriated to or available to the executive branch of State government. The Committee shall make a report of its findings and recommendations to the 1977 session of the General Assembly of Georgia, at which time the Committee shall stand abolished. Approved April 7, 1976.

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CONVEYANCE OF LAND TO DEPARTMENT OF TRANSPORTATION AUTHORIZED. No. 141 (House Resolution No. 598-1640). A Resolution. Authorizing the conveyance of certain real property located in Bartow County, Georgia, and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Bartow 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 Bartow, State of Georgia, and being more particularly described as follows: ALL that tract or parcel of land lying and being in Land Lot 1216 of the 21st Land District, 2nd Section of Bartow County, being more particularly described as follows: BEGINNING at a point on the southwest existing right of way line of the W A Railroad, said point being 43.81 feet left (west) of and opposite Allatoona Shores Access Road centerline station 5+51.11 of Georgia Highway Project 1-75-3(41); running thence N. 00 59[UNK] 04[UNK] E. 241.78 feet to a point being 155.41 feet left (southwest) of and opposite W A Railroad Relocation centerline station 1941+69.33; running thence, northwesterly along said existing right of way line, to a point on the Limit of Access Line; running thence easterly along said Limit of Access Line to a point where the Limit of Access begins; running thence northeasterly along an imaginary line to a point where the Limit of Access Ends, said point being on the northeast existing right of way line of the W A Railroad; running thence, southeasterly along said existing right of way line to a point being 7.47 feet left (southwest) of and opposite W A Railroad Relocation centerline station 1940+86.87; running thence S. 51

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53[UNK] 39[UNK] W. 25 feet along said existing right of way line to a point being 32.47 feet left (southwest) of and opposite W A Railroad Relocation centerline station 1940+87.36; running thence southeasterly along said existing right of way line to a point on the Limit of Access Line; running thence southeasterly alone said Limit of Access Line to a point being 169.77 feet left (southwest) of and opposite W A Railroad Relocation centerline station 1940+54.05 and being 70 feet right (northeast) of and opposite Allatoona Shores Access Road centerline station 6+56.44; running thence southwardly along the required right of way line of Allatoona Shores Access Road to a point on the left (west) existing right of way line of W A Railroad said point being 250.63 feet left (southwest) of and opposite W A Railroad Relocation centerline station 1938+83.77 and being 70 feet right (east) of and opposite Allatoona Shores Access Road centerline station 4+99.98; running thence N. 69 23[UNK] 49[UNK] W. 125.30 feet along said existing right of way line back to the point of beginning. Whereas, the above described real property has been declared surplus by Resolution of the State Properties Commission; and Whereas, the Department of Transportation of the State of Georgia is desirous of obtaining said tract of land for the purpose of constructing a portion of Interstate Highway 75 thereon. 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 in fee simple the hereinabove described tract of land subject to the following conditions: (1) THAT the said tract of land may be conveyed to the Department of Transportation; and (2) THAT the conveyance of said tract of land shall be approved by the State Properties Commission; and

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(3) THAT the conveyance of said tract of land shall be upon such terms and conditions and for such considerations as may be mutually agreed upon by the State Properties Commission and the Department of Transportation; 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. Approved April 7, 1976. REVENUERETURN OF MOBILE HOME FOR TAXATION PROCEDURES ENACTED. No. 1396 (Senate Bill No. 286). An Act to provide procedures for the return of mobile homes for taxation, determining the applicable rates therefor, and collecting the ad valorem tax imposed thereon; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Pursuant to Article VII, Section I, Paragraph III of the Constitution, mobile homes, for the purpose of ad valorem taxation, are classified as a separate and distinct class of tangible property. The procedures prescribed by this Act for returning mobile homes for taxation, determining the applicable rates therefor, and collecting the ad valorem tax thereon shall be exclusive. Exemption. Section 2 . For the purposes of this Act, mobile homes are defined as mobile homes and relocatable homes as defined by section 2 of The Uniform Standards Code for Factory Manufactured Movable Homes Act found in Ga. L. 1968, p. 416. Provided, however, that those mobile homes which qualify the taxpayer for homestead exemption under

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Georgia Law shall not be considered mobile homes and subject to the provisions of this Act. Section 3 . Mobile homes which are owned by a dealer are not included within the distinct classification of tangible property made by this Act for all other mobile homes; and the procedures prescribed herein for returning such other mobile homes for ad valorem taxation, determining the applicable rates therefor, and collecting the ad valorem taxes imposed thereon, do not apply. Such mobile homes as are excluded from the provisions of this Act by this classification shall be returned for ad valorem taxation, taxed, and the tax collected thereon in the manner as hereinafter provided. Dealer owners. a. All dealers, wholesale and retail, shall return their inventory on the first work day of each calendar year beginning in 1977. Said inventory shall be substantiated by properly executed Department of Revenue forms prepared for that purpose on each mobile home in inventory, showing the identification numbers of each mobile home. The dealer's assessed value shall be 75 percent of the assessed value prescribed by the State Department of Revenue for other mobile homes. b. The taxing authorities of each county shall determine the tax due on each dealer mobile home at the same tax rate as other mobile homes, which taxes shall be paid on or before April 1 of such calendar year. All such mobile home return forms shall then be marked returned for tax purposes so that each such mobile home may then be sold as if all ad valorem taxes had been paid for the current year under the provisions of this Act. c. All new mobile homes in transit and not actually in a dealer's inventory on January 1 of each year shall not be subject to taxation for that year. Dealers shall submit proof that each such mobile home was actually received after January 1 of that year. d. For the purpose of this section, the term dealer is defined to be any persons, firm or corporation engaged in the business of selling mobile homes at wholesale or retail.

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Section 4 . Every mobile home owned in the State of Georgia on the first day of January is subject to ad valorem taxation by the various taxing jurisdictions authorized to impose an ad valorem tax on property. Taxes shall be charged against the owner of the property if known and against the specific property itself if the owner is not known. For the purposes of this Act, mobile homes which are purchased from a manufacturer by a franchised dealer shall not be deemed to be owned in Georgia until the actual physical possession of the mobile home is surrendered to such dealer. Taxation. Section 5 . Each year every owner of a mobile home subject to taxation under the provisions of this Act shall, on or before April 1, obtain from the tax collector or tax commissioner of the county of residence of said mobile owner a mobile home location permit. The issuance of said permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal, green in color, which shall reflect the county of issuance, and the calendar year for which such permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner. Permit. Section 6 . Each year every owner of a mobile home subject to taxation under the provisions of this Act shall return the same for taxation and pay the taxes due thereon at the time the owner makes application for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on the first day of April, whichever occurs first. If the owner of a mobile home returns his mobile home for taxation prior to the date that the application for the mobile home location permit is required, he shall make application for said permit at the time he returns the mobile home for taxation. Except as is provided for those mobile homes excluded from the distinct classification of mobile homes defined in section 2 of this Act, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes which become due thereon, on or after January 1, 1977, have been paid. Taxation.

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Section 7 . In those instances wherein a mobile home shall be purchased from a seller who is required to return said mobile home for taxation in a county other than the county of the residency of the purchaser, the tax collector or tax commissioner wherein said mobile home is returned for taxation shall collect the required ad valorem taxes due and, at the request of the purchaser, transmit to the purchaser an appropriate certificate which shall indicate that all ad valorem taxes due thereon have been paid. Upon receipt of said certificate, the tax collector or tax commissioner of the county of the purchaser's residency shall issue the required mobile home location permit and decal. Section 8 . Mobile homes owned by residents of this State shall be returned in the county of the owner's domicile unless such mobile home is primarily used in connection with some established business enterprise located in a different county, in which case it shall be returned in the county where such business is located. Mobile homes owned by non-residents shall be returned in the county where situated. Returns. Section 9 . Every owner of a mobile home, in addition to the ad valorem tax due thereon, shall be liable for a penalty of 10 percent of the tax due or $1, whichever is greater, for the failure of said owner to make the return or pay in accordance with the provisions of this Act. Penalty. Section 10 . The tax collector or tax commissioner receiving the return shall collect all ad valorem taxes imposed on such mobile home, irrespective of the taxing authority levying such taxes; and no other official shall be authorized to collect such taxes. Tax collection. Section 11 . The State Revenue Commissioner shall prepare annually and distribute to each of the county tax collectors and tax commissioners uniform procedures for the valuation of all mobile homes subject to the provisions of this Act. Uniform procedures. Section 12 . Ad valorem taxes imposed on mobile homes subject to the provisions of this Act shall be at the assessment

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level and mill rate assessed by such taxing authority on tangible property for the previous calendar year. Rate. Section 13 . Any owner who contests the assessment of an ad valorem tax against said mobile home may secure a decal for the year in question by filing with the tax collector or tax commissioner an affidavit of illegality to the assessment together with a surety bond issued by a surety company authorized to do business in the State of Georgia, or, in lieu of such bond, a bond to be approved by the Clerk of the Superior Court of the county, or a cash bond, all of which shall be in an amount equal to the tax and any penalties and interest which might be found to be due. The bond shall be made payable to the tax collector or tax commissioner and conditioned upon the payment of taxes and penalties ultimately found to be due. The affidavit of illegality and bond shall be transferred immediately by the tax collector or tax commissioner to the Superior Court, filed therein, and shall be tried as affidavits of illegality are now tried in tax cases. Any owner who contests the value assessment of said mobile home may appeal that assessed value which appeal shall be accomplished insofar as is applicable as provided for in Code section 92-6912. Decal. Section 14 . The tax collector or tax commissioner collecting the ad valorem taxes on mobile homes as prescribed by this Act shall remit to the taxing authority imposing the tax such sums as have been collected, less the commissions hereinafter provided, on or before the 15th day of the month following the month of collection. Section 15 . The tax collector or tax commissioner shall be compensated for his services in collecting the ad valorem taxes on mobile homes of the various taxing jurisdictions within his county by such jurisdiction as follows: Compensation. On all net collections made during any calendar year for each jurisdiction: Up to and including $6,000 6 percent. Over $ 6,000 and not exceeding $14,000 5 percent. Over $14,000 and not exceeding $24,000 4 percent. Over $24,000 and not exceeding $36,000 3 percent. Over $36,000 and not exceeding $52,000 2 percent. Over $52,000 and not exceeding $76,000 2 percent. Over $76,000 1[UNK] percent. The schedule of commissions provided above may be changed and altered by the agreement of the parties concerned by contract in those instances which require individual adjustment. Provisions of laws now in effect covering such compensation shall not be repealed by this Act. Section 16 . All fees and commissions allowed local tax collectors and tax commissioners for collecting ad valorem taxes on mobile homes shall be collected by such officials; and in those instances where such officials are compensated by the fee system, such commissions shall be retained by the local officials as a part of their compensation. In those instances where the tax collector or tax commissioner has been placed upon a salary in lieu of the fee system of compensation, such fees and commissions shall be turned into the county treasury. Notwithstanding the above provisions, the fees and commissions provided for herein shall become the property of and shall be disposed of pursuant to the provisions of local Acts specifically providing for the disposition of such fees and commissions. Fees. Section 17 . The value of all mobile homes returned for taxation during the current calendar year shall be added to the regular digest at the time same shall be transmitted to the State Revenue Commissioner or at such other time as the digest shall be required to be compiled and the total thereof shall be the tax digest. Section 18 . The county commissioners of each individual county shall have the authority to expend county funds to hire any such additional help and to purchase any such additional equipment as is in their discretion necessary to implement the provisions of this Chapter. Personnel.

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Section 19 . An Act approved April 10, 1971 (Ga. L. 1971, p. 631), as amended, is hereby repealed. All other Laws or parts of laws in conflict with this Act are hereby repealed. Section 20 . This Act shall become effective upon the approval by the people of a constitutional amendment authorizing the General Assembly to enact legislation treating mobile homes as a separate class of property for tax purposes and shall apply to all tax years beginning after December 31, 1977. Effective date. Approved April 7, 1976. EDUCATION LAWS STUDY COMMITTEE CREATED. No. 145 (House Resolution No. 614-1682). A Resolution. Creating the Education Laws Study Committee; and for other purposes. Whereas, the laws relating to public education have not undergone revision and compilation since the adoption of the Code of 1933; and Whereas, many new laws have been adopted since that time without repealing older laws in conflict therewith, with the result that the laws relating to public education are overlapping, in conflict, and some are archaic; and Whereas, a need exists to compile, revise, clarify and codify laws relating to public education. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Education Laws Study Committee to be composed of ten members to be selected as follows: three members of the Senate who shall be appointed by the President of the Senate,

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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 education and to prepare legislation necessary to compile, revise, clarify and codify State laws relating thereto. The Committee is further authorized to conduct meetings at such places and at such times as it considers expedient and upon a two-thirds vote of the membership thereof; to employ consultants and reporters having special knowledge of educational laws and problems, and to pay their compensation and expenses; 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 State Department of Education is authorized to furnish such assistance to the Committee as the Committee deems appropriate, and the Department, upon the request of the Education Laws Study Committee by a two-thirds vote of the membership thereof, shall be 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 expenses and allowances of the members appointed by the Governor shall be paid from funds appropriated or otherwise available to the Executive Branch of State Government. All funds necessary to carry out the provisions of this Resolution other than those expressly provided above shall come from funds appropriated or otherwise available to the Legislative Branch of State Government. The Committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1978 Session of the General Assembly on or before December 31, 1977, at which time the Committee shall stand abolished. Approved April 7, 1976.

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CHILD SUPPORT RECOVERY ACT AMENDED. No. 1397 (Senate Bill No. 545). An Act to amend an Act known as the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), so as to redefine court order for child support; to redefine parent; to provide that the Department of Human Resources may initiate legal proceedings to establish the paternity of a child born out of wedlock for whom services under this Act are sought; to provide that the payment of public assistance on behalf of a child creates a debt to the State in the amount necessary to meet the needs of the child and the person having custody as those needs are determined by the Department of Human Resources; to provide that acceptance of public assistance operates as an assignment of child support rights; to provide that when a family for whom child support has been collected ceases to receive public assistance, the Department may continue to collect such payments in accordance with standards prescribed pursuant to the Federal Society Security Act; to provide that the Department of Human Resources may take appropriate action to secure payment of child support due children not receiving public assistance; to provide for charging an application fee and recovery of costs for services provided on behalf of a child not receiving public assistance; to provide that the Commissioner of the Department of Human Resources shall be entitled to have access to otherwise confidential information relative to the location, income and property of absent parents of children receiving public assistance; to provide that the Department of Human Resources may conduct investigations to determine ability to support; to provide for subpoena power; to provide for the establishment of a standard by which the ability to support shall be measured; to provide for administrative hearings to determine the ability to support and amount of support due; to provide that upon failure of a parent to pay support following an administrative determination, the Department of Human Resources is entitled either to the process of garnishment as in other

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cases where judgment has been rendered, or to issue to any employer of the responsible parent an order to withhold and deliver a portion of his disposable earnings to the Department; to provide that employers who fail to answer or comply with an order to withhold and deliver shall be liable to the Department for one hundred percent of the value of the debt which is the basis of the order, together with costs, interest and reasonable attorney fees; to define earnings and disposable earnings; to provide that all officials collecting support payments from absent parents shall remit such payments to the Department of Human Resources upon the Department's certification that the child is receiving public assistance; to provide that whenever a man has been determined to be the father of an illegitimate child in court, or whenever he has acknowledged paternity of said child, he shall have a legally enforceable obligation to support said child; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), is hereby amended by striking subsection (a) of section 3 in its entirety and substituting in lieu thereof a new subsection (a), to read as follows: (a) `Court order for child support' means any judgment or order of the courts of this State or another state and includes orders in criminal proceedings which result in the payment of child support, as a condition of probation or otherwise. Court order defined. Section 2 . Said Act is further amended by striking subsection (e) of section 3 in its entirety and substituting in lieu thereof a new subsection (e), to read as follows: (e) `Parent' means the natural or adoptive parents, and includes the father of a child born out of wedlock if paternity has been established in a judicial proceeding, or if he

Page 1539

has acknowledged paternity under oath either in open court, in an administrative hearing, or by verified writing. Parent defined. Section 3 . Said Act is further amended by inserting a new section between sections 3 and 4 to be numbered 3A and to read as follows: Section 3A. Determination of Paternity . Whenever the Department receives an application for services under this Act on behalf of a child born out of wedlock and the child's mother identifies in writing the putative father of such child, the Department may make an investigation of the surrounding circumstances and may request that the putative father acknowledge paternity under oath. If the Department is unable to secure such an acknowledgment, the Department may initiate legal proceedings to establish the paternity of such child, unless the Department determines, in accordance with standards prescribed pursuant to the Federal Social Security Act, that it is against the best interests of the child to do so. Section 4 . Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4, to read as follows: Section 4. Debt to the State Created . The payment of public assistance to or on behalf of a child creates a debt due and owing the State by the parent or parents responsible for the support of the child. The amount of the debt is the amount necessary to meet the total needs of the child or children, and the person having custody, if included in the public assistance grant, as determined by the Department in conformity with the Federal Social Security Act; provided, however, that where a court has ordered child support incident to a final divorce decree or in a criminal proceeding for nonsupport or other similar proceeding, the debt shall be limited to the amount specified in the decree or order. Section 5 . Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5, to read as follows:

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Section 5. Acceptance of Public Assistance Operates As An Assignment . (a) By accepting public assistance for or on behalf of a child or children, the recipient shall be deemed to have made an assignment to the Department of the right to any child support owed for the child. The Department shall be subrogated to the right of the child or children or the person having custody to initiate any support action existing under the laws of this State and to recover any payments ordered by the courts of this or any other state. Amounts collected by the Department shall be distributed and deposited by the Department in conformity with law. (b) Whenever a family for whom child support payments have been collected and distributed under this Act ceases to receive public assistance, the Department may continue to collect such support payments from the absent parent in accordance with standards prescribed pursuant to the Federal Social Security Act. Section 6 . Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7, to read as follows: Section 7. Duty of Department to Obtain Support . (a) Whenever the Department receives an application for public assistance on behalf of a child and it shall appear that the child has been abandoned by one or both parents, or that the responsible parent has failed to provide support to the child, it is the Department's responsibility to take appropriate action under this Act, the child support statutes or other appropriate State and federal statutes to assure that the responsible parent supports the child. (b) The Department may accept applications for child support enforcement services from a custodian of a minor child who is not a recipient of public assistance and may take appropriate action under this Act, the child support statutes or other State and federal statutes to assure that the responsible parent supports said child. The Department shall provide that a reasonable application fee be charged

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each individual who applies for services under this subsection. If the costs incurred by the Department in providing services for an individual under this subsection exceed the application fee, the Department shall be allowed to deduct said costs from any child support payments recovered for that individual. Section 7 . Said Act is further amended by striking subsection (c) of section 8 in its entirety and substituting in lieu thereof a new subsection (c), to read as follows: (c) In order to carry out the responsibilities imposed under this Act, the Department may request from any governmental department, board, commission, bureau or agency information and assistance in locating the absent parents of children receiving public assistance. The Commissioner or his duly authorized representative shall be entitled to have access to all pertinent information which is within the custody of any governmental department, board, commission, bureau or agency, including, but not limited to, the Georgia Department of Revenue, and which is relative to such parent's location, income or property, notwithstanding any other provision of law making such information confidential or privileged. Upon request, each governmental department, board, commission, bureau or agency shall promptly provide such information to the Commissioner or his duly appointed representative. Assistance. Section 8 . Said Act is further amended by striking in its entirety subsection (a) of section 9 and substituting in lieu thereof a new subsection (a), to read as follows: (a) In cases in which a parent's obligation to support has not already been established by a court order, the Department may conduct investigations to determine whether a responsible parent is able to support the dependent child receiving public assistance. The Department shall notify the parents of any such planned investigation. Investigation. Section 9 . Said Act is further amended by striking subsection (b) of section 10 in its entirety and substituting in lieu thereof a new subsection (b), to read as follows:

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(b) The Department may examine any books, papers, or memoranda bearing upon the determination of the ability to support and for this purpose may, by means of subpoenas issued by its Commissioner or his duly authorized representative, compel the attendance of witnesses and the production of relevant documents. Subpoenas of witnesses shall be served in the same manner as if issued by a superior court. If any person shall fail to obey a subpoena issued and served hereunder with respect to any matter germane to the Department's investigation, on application of the Department, through the Commissioner or his duly authorized representative, the superior court of the county in which such person was required to appear may issue an order requiring such person to comply with the subpoena and to testify and to produce the relevant documents. Subpoena. Section 10 . Said Act is further amended by striking section 11 in its entirety and substituting in lieu thereof a new section 11, to read as follows: Section 11. Standards for Determining Ability to Support . The Department shall establish a standard by which the ability of the absent responsible parent to support his child or children shall be measured. The standard shall be designed to insure that the child for whom support is sought benefits from the income and resources of the absent parent on an equitable basis in comparison with any other minor children of the absent parent. The standard shall take into consideration all earnings, income and resources of the absent parent including real and personal property; the earnings potential of the absent parent; the reasonable necessities of the absent parent; the needs of the child for whom support is sought; the amount of assistance that would be paid the child under the full standard of need established by the State plan under the Federal Social Security Act; and the existence of other dependents of the absent parent. An obligor shall not be relieved of his duty to provide support when he has brought about his own unstable financial situation by voluntarily incurring subsequent obligations.

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Section 11 . Said Act is further amended by striking subsection (a) of section 12 in its entirety and substituting in lieu thereof a new subsection (a), to read as follows: (a) When the Department has completed its investigation, has applied the standard to a parent and believes that he is able to furnish a certain amount of support, the Department may request the parent to agree in writing to provide such support amount. If the Department is unable to secure a voluntary support agreement from the parent, the Department or its designated hearing officer may conduct an administrative hearing to finally determine the ability to support and the amount of support. Administrative hearing. Section 12 . Said Act is further amended by striking subsection (c) (1) of section 12 and substituting in lieu thereof a new subsection (c) (1), to read as follows: (1) that failure to support may result in the foreclosure of liens on his personal or real property, garnishment of his wages or other personalty or in other collection actions. Lien. Section 13 . Said Act is further amended by inserting a new section between sections 15 and 16 to be numbered 15A and to read as follows: 15A. Garnishment and Order to Withhold and Deliver . (a) If, having received notice of the final determination of his support obligation as provided in section 12(c) above, the responsible parent fails to make such support payments within thirty (30) days of the due date specified by the final determination or by a court in affirmance of a final determination, the Department shall be entitled to the process of garnishment as in cases where judgment has been obtained, or shall be authorized to issue an order to withhold and deliver, as provided herein. (b) Prior to the institution of garnishment proceedings or the issuance of an order to withhold and deliver, the Department shall conduct a hearing to finally determine the amount of support payments which are overdue.

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(c) The responsible parent shall be given at least fifteen (15) days' notice of the hearing, which notice shall specify the amount of support payments claimed to be overdue. (d) After a final determination that the responsible parent had no legal excuse for failing to make support payments when due, the Department shall be authorized to: (1) initiate garnishment proceedings by causing to be made an affidavit stating the amount claimed to be due and attaching thereto a certified copy of the final determination. Bond shall not be required. All subsequent proceedings shall be the same as provided by law in relation to garnishments in other cases where judgment has been obtained; or (2) issue to any employer of the responsible parent an order to withhold and deliver to the Department the disposable earnings which are due, owing or belonging to the responsible parent; provided, however, that the maximum part of the aggregate disposable earnings of the responsible parent which may be subject to such an order shall not exceed that amount which is allowed by law to be subject to garnishment. The order to withhold and deliver shall be served at the same time on the employer and the responsible parent either personally or by certified mail, return receipt requested, and shall include a statement as to the legal authority of the Department to make such an order, the amount of debt owing to the Department, the amount of disposable earnings to be withheld and delivered to the Department and a summary of subsections (3) and (4) below. Any employer of the responsible parent upon whom service is made is hereby required to answer such order to withhold and deliver within twenty (20) days, exclusive of the day of service, under oath and in writing, and shall file true answers to the matters inquired of therein. Based upon the answer filed by the employer, the Department shall determine whether to rescind or continue the order to withhold and deliver. In the event there is in the possession of such employer any portion of the disposable earnings of the responsible parent which may be subject to the claim of the Department under this Act, such amount shall be withheld

Page 1545

immediately upon receipt of the order to withhold and deliver and shall, after the twenty (20)-day period, be delivered forthwith to the Department. The order to withhold and deliver shall continue to operate and require each employer to withhold and deliver to the Department such amount of disposable earnings at each succeeding earnings disbursement interval until the entire overdue amount of the child support debt has been paid or until the Department after a redetermination based on change of circumstances, shall release the employer from the order to withhold and deliver. Delivery by the employer to the Department of disposable earnings ordered to be withheld shall serve as full compliance with this Act. (3) any employer which shall fail to answer an order to withhold and deliver within the time prescribed herein, or fail or refuse to deliver money pursuant to said order, shall be liable to the Department in an amount equal to one hundred percent of the value of the debt which is the basis of the order, together with costs, interest, and reasonable attorney fees. (4) for purposes of this section, the term `earnings' shall be construed to mean compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments by any department or division of the State based upon inability to work or obtain work. The term `disposable earnings' shall be construed to mean that part of the earnings of an individual remaining after the deduction from those earnings of the amounts otherwise required by law to be withheld. Section 14 . Said Act is further amended by striking section 16 in its entirety and substituting in lieu thereof a new section 16, to read as follows: Section 16. Payment of Support . Payment of support pursuant to administrative determination or voluntary

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agreement shall be made to the Department. Child support ordered by a court pursuant to a divorce decree or in any other proceeding in which the responsible parent is required to pay support for his child or children, whether such proceeding is civil or criminal, shall be paid by the responsible parent, the clerk or court, probation officer or similar official collecting support to the Department upon the Department's certification that the child is a recipient of public assistance. Section 15 . Said Act is further amended by striking subsection (a) of section 17 in its entirety and substituting in lieu thereof a new subsection (a), to read as follows: (a) Whenever a man has been adjudicated by a court of competent jurisdiction as the father of a child born out of wedlock, or whenever he has acknowledged paternity under oath in an administrative hearing, in court, or by verified writing, he shall be legally liable for the support of said child in the same manner as he would owe the duty of support if such child were his legitimate child. The right of the child born out of wedlock to receive such support is enforceable in a civil action, notwithstanding any other provision of law. 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 . 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 18 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION ACT AMENDED, ETC. No. 1398 (Senate Bill No. 566). 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 13, 1975 (Ga. L. 1975, p. 79), so as to add certain definitions; to provide that any reference to Director of the State Merit System or Merit System Director in Georgia Laws means the State Commissioner of Personnel Administration; to clarify the provisions relating to hearings on adverse personnel actions by the Board; to change the provisions on adverse actions, appeals and hearings so as to clarify that permanent status employees cannot be terminated except for cause; to change the provisions on payroll certifications so as to provide that one-half of the payrolls received from each department must be audited; 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 legislative intent; 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 . 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 13, 1975 (Ga. L. 1975, p. 79), is hereby amended by striking paragraph (14) of subsection

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(a) of section 2 in is entirety and inserting in lieu thereof new paragraphs (14), (15), (16) and (17), to read as follows: (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. Any reference in other Georgia Laws to the Director of the State Merit System or the Merit System Director shall mean the State Commissioner of Personnel Administration. Definitions. (15) `Working test' or `working test period' means the initial period of employment in a class of covered positions following appointment, reappointment or promotion. During this period, the employee is expected to demonstrate to the satisfaction of the appointing authority that he has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactory the duties of the position in which he has been employed. The working test period will normally be the first six (6) months in the class of positions; provided, however, that the Commissioner may fix the length of the working test period for any class at not less than three (3) months nor more than twelve (12) months, exclusive of time spent in nonpay status or in an uncovered position. (16) `Working test employee' or `employee on working test' means a covered employee serving a working test in the class of covered positions in which he has been employed; provided, however, that an employee serving a working test period following a promotion from a lower class in which he held permanent status shall retain permanent status rights in the lower class until he attains permanent status in the class to which he has been promoted. (17) `Permanent employee', `permanent status employee' or `employee on permanent status' means an employee who has successfully completed a working test period in the class of positions in which he has been employed. Section 2 . Said Act is further amended by adding the

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phrase, other adverse personnel actions as defined by the rules and regulations of the State Merit System after the word dismissals and before the word and in the first sentence of paragraph (4) of subsection (b) of section 4, so that paragraph (4) of subsection (b) of section 4 when so amended shall read as follows: (4) To conduct hearings and render decisions on dismissals, other adverse personnel actions as defined by the rules and regulations of the State Merit System 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. Hearings. Section 3 . Said Act is further amended by striking subsection (a) of section 7 in its entirety and inserting in lieu thereof a new subsection (a) of section 7 to read as follows: (a) No permanent status employee may be dismissed from employment or otherwise adversely affected as to compensation or employment 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

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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. Dismissal. Section 4 . Said Act is further amended by adding a new section between section 7 and section 8 to be designated section 7A to read as follows: Section 7A. (a) Any laws to the contrary notwithstanding, from and after the effective date of this section, all hearings on dismissals, other adverse personnel actions 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 regulations 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. Appeal. (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. (c) Subpoenas shall be issued without discrimination between

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public and private parties. When a subpoena is 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. (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. (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

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material so noticed. The Board's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence. (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. (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. (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. (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 the county of the place of employment of the employee.

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(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 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. (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. (k) The filing of the petition shall stay the enforcement of the Board's decision or order. (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. (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

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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. (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. Section 5 . Said Act is further amended by striking subsection (a) of section 8 in its entirety and inserting in lieu thereof a new subsection (a) of section 8 to read as follows: (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 thirty (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 payrolls for conformity with the rules and regulations of the State Merit System and certify whether the payrolls reviewed conform to the said rules and regulations within sixty (60) calendar days after receipt. Such review shall be made in accordance with generally accepted auditing standards and shall include an audit of not less than one-half of the payrolls received from

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each department. 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. Payrolls. Section 6 . In the present law relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. L. 1975, p. 79), and all former laws on this topic including, but not limited to, an Act authorizing the establishment of a Merit System of Personnel Administration to include the employees of the State Department of Labor, Public Welfare, or Health or any of them, approved February 4, 1943 (Ga. L. 1943, p. 171), as amended, and 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, it has always been the intent of the General Assembly that employees in the classified service be required to serve a working test period before they obtain Merit System protection. It has been and still is the intent of the General Assembly that the successful completion of this probationary period is part of the employment examination procedure. 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 . This Act shall become effective upon its approval by the Governor or upon its becoming law without

Page 1556

his approval and shall be applicable to all hearings initiated on and after the date this Act becomes effective. Effective date. Section 9 . 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 13, 1975 (Ga. L. 1975, p. 71), is hereby repealed in its entirety. Section 10 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. PAINTCERTAIN TIMBER-MARKING PAINT SALE PROHIBITED, ETC. Code Chapter 73-1 Amended. No. 1399 (Senate Bill No. 580). An Act to amend Code Chapter 73-1, relative to the sale of paints and linseed oil, so as to make it unlawful for any person, firm or corporation to distribute, sell or offer for sale within this State any paint used specifically for marking timber if such paint will not remain effective for a period of at least 12 months; to require certain information on labels; to define a certain term; to provide a penalty; to provide for injunctive relief; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 73-1, relative to the sale of paints and linseed oil, is hereby amended by adding following Code section 73-106 a new Code section to be designated Code section 73-107 to read as follows:

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73-107. Distribution or sale of certain paint used to mark timber .(a) It shall be unlawful for any person, firm or corporation to distribute, sell or offer for sale within this State any paint used specifically for marking timber if such paint will not remain effective for a period of at least 12 months if applied to timber in a nondiluted state. The label on the container of any such paint sold in this State shall have clearly printed thereon in bold type the following: `EFFECTIVE FOR A MINIMUM OF 12 MONTHS IF USED IN A NONDILUTED STATE'. (b) As used in this Code section, the term `paint' means any substance or mixture of substances, liquid, powder or paste, intended for use primarily for marking timber. (c) Any person violating the provisions of this Code section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (d) In addition to the remedies herein provided, the chief drug inspector and assistant drug inspectors may apply to an appropriate court for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provisions of this Code section irrespective of whether or not there exists an adequate remedy at law. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. COUNTIES, MUNICIPALITIES, POLITICAL SUBDIVISIONS, ETC., PROHIBITED FROM FILING BANKRUPTCY PETITIONS. No. 1400 (Senate Bill No. 608). An Act to provide that no county, municipality, school district, authority, division, instrumentality, political subdivision or public body corporate of this State shall be authorized

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to file a petition for relief from or composition of its debts under any federal statute providing for such relief or composition; to provide that no officer or governing body of any county, municipality, school district, authority, division, instrumentality or public body corporate of this State shall be authorized to file such a petition for relief from or composition of its debts; 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 county, municipality, school district, authority, division, instrumentality, political subdivision or public body corporate created under the Constitution or laws of this State shall be authorized to file a petition for relief from payment of its debts as they mature or a petition for composition or its debts under any federal statute providing for such relief or composition or otherwise take advantage of any federal statute providing for the adjustment of debts of political subdivisions and public agencies and instrumentalities. Prohibitions. Section 2 . No chief executive, mayor, board of commissioners, city council, board of trustees or other governmental officer, governing body or organization shall be empowered to cause or to authorize the filing by or in behalf of any county, municipality, school district, authority, division, instrumentality, political subdivision or public body corporate created under the Constitution or laws of this State of any petition for relief from payment of its debts as they mature or a petition for composition of its debts under any federal statute providing for such relief or composition or otherwise take advantage of any federal statute providing for the adjustment of debts of political subdivisions and public agencies and instrumentalities. Section 3 . In the event any provision of this Act or the application thereof to any county, municipality, school district, authority, division, instrumentality, political subdivision or public body corporate or class thereof, or in any

Page 1559

particular circumstance, is held invalid, the validity of the remainder of this Act, or the validity of application of such provision to any other county, municipality, school district, authority, division, instrumentality, political subdivision or public body corporate or class thereof, or in any other circumstances, shall not be affected by such holding. 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 7, 1976. CERTAIN TECHNICIANS AUTHORIZED TO EXTRACT DECEASED DONOR'S EYES. Code 88-2005 Amended. No. 1402 (Senate Bill No. 621). An Act to amend Code section 88-2005, relating to persons authorized to extract eyes from a deceased donor's body, as amended by an Act approved March 16, 1972 (Ga. L. 1972, p. 234), so as to authorize such extraction by any technician trained by and in the employ of the eye bank; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 88-2005, relating to persons authorized to extract eyes from a deceased donor's body, as amended by an Act approved March 16, 1972 (Ga. L. 1972, p. 234), is hereby amended by striking subsection (a) of Code section 88-2005 in its entirety and inserting in lieu thereof a new subsection (a) of Code section 88-2005 to read as follows:

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(a) Upon the death of any donor, the parties holding donor's unrevoked instrument of donation and maintaining and operating the donee eye bank may authorize any physician, or any embalmer licensed under an Act creating the Georgia State Board of Funeral Service, approved February 13, 1950 (Ga. L. 1950, p. 238), as now or hereafter amended, who has completed a course of training in eye extraction approved by the State Department of Public Health, or any technician trained by and in the employ of the eye bank, to extract and remove such donated eyes or parts thereof for said eye bank in accordance with sound medical practices. Authorization. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. JEKYLL ISLANDSTATE PARK AUTHORITY ACT AMENDEDFRANCHISES PROVIDED. No. 1403 (Senate Bill No. 627). An Act to amend an Act known as the Jekyll Island-State Park Authority Act, approved February 13, 1950 (Ga. L. 1950, p. 152), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 782), an Act approved February 15, 1952 (Ga. L. 1952, p. 276), an Act approved February 27, 1953 (Ga. L. 1953, p. 261), an Act approved March 15, 1957 (Ga. L. 1957, p. 608), an Act approved February 10, 1960 (Ga. L. 1960, p. 891), an Act approved April 9, 1963 (Ga. L. 1963, p. 391), an Act approved February 18, 1964 (Ga. L. 1964, p. 100), and an Act approved April 5, 1971 (Ga. L. 1971, p. 452), so as to provide for the granting of franchises to utility companies; to provide that the power granted shall not be in derogation of other powers of the Authority; to provide for liberal construction; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act to amend an Act known as the Jekyll Island-State Park Authority Act, approved February 13, 1950 (Ga. L. 1950, p. 152), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 782), an Act approved February 15, 1952 (Ga. L. 1952, p. 276), an Act approved February 27, 1953 (Ga. L. 1953, p. 261), an Act approved March 15, 1957 (Ga. L. 1957, p. 608), an Act approved February 10, 1960 (Ga. L. 1960, p. 891), an Act approved April 9, 1963 (Ga. L. 1963, p. 391), an Act approved February 18, 1964 (Ga. L. 1964, p. 100), and an Act approved April 5, 1971 (Ga. L. 1971, p. 452), is hereby amended by adding at the end of section 6 thereof a new subsection which shall read as follows: (u) To grant franchises to, and make contracts with, utility companies, both public and private providing electric light or power, gas, steam heat, telephone, telegraph, cable, television, water or sewerage services, for the use and occupancy of Jekyll Island or any part thereof, on an exclusive or non-exclusive basis, to permit the rendering of such utility services, upon such conditions and for such time as the Authority may deem appropriate or convenient. Franchises. Section 2 . The foregoing section of this Act shall be regarded as supplemental and additional to powers conferred to the Authority by other laws and shall not be regarded as in derogation of any powers now existing. Section 3 . This Act shall be liberally construed so as to effectuate its purposes. 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 7, 1976.

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GEORGIA SPECIAL ADULT OFFENDER ACT AMENDEDEFFECTIVE DATE CHANGED. No. 1404 (Senate Bill No. 632). An Act to amend an Act known as the Georgia Special Adult Offender Act of 1975, approved April 24, 1975 (Ga. L. 1975, p. 1312), so as to change the effective date of said Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Georgia Special Adult Offender Act of 1975, approved April 24, 1975 (Ga. L. 1975, p. 1312), is hereby amended by striking from section 22 of said Act the following: July 1, 1976, and inserting in lieu thereof the following: July 1, 1977, so that when so amended, section 22 shall read as follows: Section 22. Effective Date . The effective date of this Act shall be July 1, 1977. 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 7, 1976.

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GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT AMENDEDPEACE OFFICER QUALIFICATIONS CHANGED. No. 1405 (Senate Bill No. 696). An Act to amend 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 13, 1973 (Ga. L. 1973, p. 539), so as to change the qualifications of peace officers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The General Peace Officers Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 539), is hereby amended by adding at the end of subsection (d) of section 8 the following: provided the same shall not apply to violation of traffic laws and cases involving the operation of motor vehicles when the applicant has received a pardon;, so that when so amended, section 8 shall read as follows: Section 8. After the effective date of this Act, any person employed or certified as a peace officer shall: Qualifications. (a) Be at least 18 years of age; (b) Be a citizen of the United States; (c) Have a high school diploma or its recognized equivalent; (d) Not have been convicted by any State or by the Federal Government, of any crime, the punishment for which could have been imprisonment in the Federal or State prison or institution; nor shall he have been convicted of sufficient

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misdemeanors to establish a pattern of disregard for the law; provided the same shall not apply to violation of traffic laws and cases involving the operation of motor vehicles when the applicant has received a pardon; (e) Be fingerprinted and a search made of local, State and National fingerprint files to disclose any criminal record; (f) Possess good moral character as determined by investigation under procedure established by the council; (g) Have an oral interview with the hiring authority or his representative (s) to determine such things as applicant's appearance, background and ability to communicate; (h) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his exercising the powers or duties of a peace officer. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. INSURANCE PREMIUM FINANCE COMPANY ACT AMENDED. No. 1431 (House Bill No. 1886). 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 provide who shall be liable, and under what conditions, for unearned premiums not properly returned to the premium finance company or to the insured; to provide that any premium finance company which enters into a premium finance agreement shall notify the insurer whose premiums are being financed

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of the existence of such agreement within a certain time period; to change such time limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Insurance Premium Finance Company Act, approved April 23, 1969 (Ga. L. 1969, p. 561), as amended, is hereby amended by adding at the end of subsection (a) of section 13 the following: ; provided, however, that if the insurer elects to return such unearned premiums to the premium finance company for the account of the insured or insureds, via the agent, agency or broker placing such insurance, the insurer shall be directly responsible to the premium finance company for any and all unearned premiums due to the premium finance company under the contract which are not properly returned to the premium finance company and provided further that, regardless of the method of the routing of the return of such unearned premiums to the insured or insureds, the insurer, the premium finance company and any agent, agency, or broker involved in the return of such unearned premiums shall be jointly and severally liable to the insured or insureds for any and all unearned premiums due to the insured or insureds under the policy or contract which are not properly returned to the insured or insureds., so that when so amended, subsection (a) of section 13 shall read as follows: (a) Whenever a financed insurance contract is cancelled, the insurer, on written notice of such financing, shall return whatever unearned premiums are due under the insurance contract to the premium finance company, either directly or via the agent, agency or broker placing the insurance, for the account of the insured or insureds; provided, however, that if the insurer elects to return such unearned premiums to the premium finance company for the account of the insured or insureds, via the agent, agency or broker placing such insurance, the insurer shall be directly responsible to the premium finance company

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for any and all unearned premiums due to the premium finance company under the contract which are not properly returned to the premium finance company and provided further that, regardless of the method of the routing of the return of such unearned premiums to the insured or insureds, the insurer, the premium finance company and any agent, agency or broker involved in the return of such unearned premiums shall be jointly and severally liable to the insured or insureds for any and all unearned premiums due to the insured or insureds under the policy or contract which are not properly returned to the insured or insureds. Section 2 . Said Act is further amended by striking from section 14.1 the following: within twenty (20) days of the date, and inserting in lieu thereof the following: within a reasonable period of time not to exceed thirty (30) days after the date, so that when so amended, section 14.1 shall 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 a reasonable period of time not to exceed thirty (30) days after the date such agreement is signed. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976.

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GEORGIA RADIATION CONTROL ACT AMENDED. Code Chapter 88-13 Amended. No. 1432 (House Bill No. 1907). An Act to amend Code Chapter 88-13 known as the Georgia Radiation Control Act, approved March 18, 1964 (Ga. L. 1964, pp. 499, 566), as amended by an Act approved March 30, 1965 (Ga. L. 1965, p. 365), an Act approved April 3, 1968 (Ga. L. 1968, p. 546), an Act approved April 8, 1968 (Ga. L. 1968, p. 1152), and an Act approved April 17, 1973 (Ga. L. 1973, p. 920), so as to amend the policy declared; to provide for a definition; to provide certain requirements relative to the administration of a radiation control program; to declare the intent of the General Assembly relative to the construction of the Act; to repeal the provisions creating the Radiation Control Council; to clarify certain powers of the Department; to provide certain responsibilities for the Division of Environmental Protection of the Department of Natural Resources; to require permits to construct or operate a site or facility for the concentration, storage or burial of radioactive waste to provide certain powers and authority relative to the issuance of such permits; to change the provisions relative to licenses and the issuance thereof; to provide that the Department of Human Resources shall be solely responsible for the licensing of diagnostic and therapeutic medical uses of radioactive materials, and that prior to issuing, reissuing, or renewing any license other than for the foregoing uses, said Department obtain the concurrence of the Director of Environmental Protection in certain instances where radioactive material may be released into the environment; to provide for crimes and penalties; to transfer functions related to environmental radiation monitoring and surveillance to the Department of Natural Resources, to be assigned to the Division of Environmental Protection; to provide that this Act shall not be construed so as to authorize the Division of Environmental Protection of the Department of Natural Resources to license or adopt rules, regulations,

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standards, limitations, or policies relative to diagnostic and therapeituci medical uses of radioactive materials; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 88-13 known as the Georgia Radiation Control Act, approved March 18, 1964 (Ga. L. 1964, pp. 499, 566), as amended by an Act approved March 30, 1965 (Ga. L. 1965, p. 365), an Act approved April 3, 1968 (Ga. L. 1968, p. 546), an Act approved April 8, 1968 (Ga. L. 1968, p. 1152), and an Act approved April 17, 1973 (Ga. L. 1973, p. 920), is hereby amended by striking Code section 88-1302, relating to a declaration of policy, in its entirety and substituting in lieu thereof a new Code section 88-1302, to read as follows: 88-1302. Declaration of Policy . It is the policy of the State of Georgia, in furtherance of its responsibility to protect the environment and the public health and safety of its citizens, and to the extent authorized under Article VI, section 2 of the Constitution of the United States: (a) to institute and maintain a program to allow development and utilization of sources of radiation for purposes that are consistent with the protection of the environment and the health and safety of the public; and (b) to prevent any associated harmful effects of radiation upon the environment or the health and safety of the public through the institution and maintenance of a regulatory program for radiation sources, providing for: (1) compatibility with the standards and regulatory programs of the federal government for by-product, source and special nuclear materials; (2) an effective system of regulation within the State consistent with the provisions of this Chapter and with any environmental laws, rules, regulations, standards or limitations

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administered by the Division of Environmental Protection of the Department of Natural Resources of the State of Georgia; and (3) a system consonant insofar as possible with those of other states. Section 2 . Said Code Chapter is further amended by striking subsection (f) of Code section 88-1303, relating to definitions, in its entirety and substituting in lieu thereof a new subsection (f), to read as follows: (f) `Department' means the Department of Human Resources of the State of Georgia. Code 88-1303 amended. Section 3 . Said Code Chapter is further amended by striking Code section 88-1304 relating to the designation of a State radiation control agency, in its entirety and substituting in lieu thereof a new Code section 88-1304, to read as follows: 88-1304. Designation of State Radiation Control Agency . The Department is hereby designated the State agency to administer a Statewide radiation program, consistent with the provisions of this Chapter and any environmental laws, rules, regulations, standards or limitations administered by the Division of Environmental Protection of the Department of Natural Resources of the State of Georgia. It is hereby declared to be in the intent of the General Assembly that no provision of this Chapter shall be construed so as to repeal, supersede or preempt any of the functions, powers, authority, duties or responsibilities of the Division of Environmental Protection of the Department of Natural Resources assigned to such Division under any of the laws or statutes of this State. Section 4 . Said Code Chapter is further amended by repealing Code section 88-1305, relating to the Radiation Control Council, in its entirety. Code 88-1305 repealed. Section 5 . Said Code Chapter is further amended by striking subsection (c) of Code section 88-1306, relating to

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powers and duties of the Department of Human Resources, in its entirety and substituting in lieu thereof a new subsection (c), to read as follows: (c) Encourage, participate in, or conduct studies, investigations, public hearings, training, research, and demonstrations relating to the control of sources of radiation, the effect upon public health and safety of exposure to radiation, and related problems; provided, however, the Division of Environmental Protection of the Department of Natural Resources is hereby designated as the State agency which shall represent the State of Georgia in any proceeding or hearing before the United States Nuclear Regulatory Commission, or any successor thereto, involving any licensing of a production or utilization facility, or any environmental impact statement relative thereto;. Code 88-1306 amended. Section 6 . Said Code Chapter is further amended by striking Code section 88-1306A, relating to radioactive waste disposal, in its entirety and substituting in lieu thereof a new Code section 88-1306A, to read as follows: 88-1306A. Radioactive Waste . No person shall construct or operate a site or other facility for the concentration, storage or burial of radioactive waste without first securing a permit for such construction or operation from the Director of the Division of Environmental Protection of the Department of Natural Resources. Said Director, under the conditions he prescribes, may require the submission of such plans, specifications and other information as he deems relevant in connection with the issuance of such permit. The Director may issue a permit for the construction or operation of such a site or other facility upon a determination that said construction or operation would be consistent with the purposes and stated policy of this Chapter. Any permit which may be issued by the Director shall specify the conditions under which the site or facility shall be operated. The Director, in specifying such conditions, shall have the power and authority to require a permittee to establish and maintain records; to make reports; to install, maintain and use monitoring equipment or methods including,

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but not limited to, biological monitoring methods or emission and ambient monitoring devices; to sample any emission or discharge in accordance with such methods, at such locations, at such intervals, and in such manner as the Director shall prescribe; and to provide such other information as he may reasonably require. Any permit issued shall be subject to periodic review and the Director may revoke or modify any permit if the holder fails to comply with any conditions thereof. The Director is hereby authorized to adopt, modify, repeal and promulgate, after due notice and public hearing, held in accordance with and established pursuant to the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, rules and regulations not inconsistent with this section, for purposes of carrying out the provisions of said section. Section 7 . Said Code Chapter is further amended by striking subsection (c) of Code section 88-1307, relating to licensing of by-product, source, and special nuclear materials as sources of ionizing radiation, in its entirety and substituting in lieu thereof a new subsection (c), to read as follows: (c) The Department shall be solely responsible for the licensing of diagnostic and therapeutic medical uses of radioactive materials. Provided, prior to issuing, reissuing, or renewing any license other than for diagnostic and therapeutic medical uses of radioactive materials pursuant to the provisions of this section, the Department shall obtain the concurrence of the Director of the Division of Environmental Protection of the Department of Natural Resources on any such nonmedical license which the Department determines, if issued, will result or may result in the release of radioactive material into the environment in such a quantity as to violate any standard, limitation or requirement established by the Division of Environmental Protection respecting said radioactive material. Code 88-1307 amended. Section 8 . Said Code Chapter is further amended by striking Code section 88-1313, relating to penalties, in its

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entirety and substituting in lieu thereof a new Code section 88-1313, to read as follows: 88-1313. Crimes and Penalties . Any person who violates the provisions of Code section 88-1306A, or any rule and regulation promulgated thereunder, or who violates the provisions of Code section 88-1312, or who hinders, obstructs, or otherwise interferes with any representative of the Department in the discharge of his official duties in making inspections as provided in Code section 88-1308 of this Chapter, or in impounding materials as provided in Code section 88-1311 hereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. Section 9 . Said Code Chapter is further amended by adding at the end of said Chapter, a new Code section, to be designated Code section 88-1314, to read as follows: 88-1314. Transfer of Functions to Department of Natural Resources, Division of Environmental Protection . All functions related to environmental radiation monitoring and surveillance performed by the Department pursuant to this Chapter are transferred to the Department of Natural Resources and are assigned to the Division of Environmental Protection. `Functions' shall mean any duty, power, or program assigned to the Department, whether or not specifically provided for under this Chapter, including positions, equipment, or other support relating to the performance of such function. Section 10 . Said Code Chapter is further amended by adding at the end of said Chapter, a new Code section, to be designated Code section 88-1315, to read as follows: 88-1315. Division of Environmental Protection; Authority Limited . Anything in this Act to the contrary notwithstanding, it is hereby declared to be the intent of the General Assembly that no provision of this Act shall be construed so as to authorize the Division of Environmental Protection of the Department of Natural Resources in any manner whatsoever to license, or adopt rules, regulations, standards,

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limitations or any policies relative to, the diagnostic and therapeutic medical uses of radioactive materials or research solely for medical purposes. Section 11 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 12 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. EDUCATIONCERTAIN TAXATION ELECTION PROVISIONS REPEALED. Code 32-1107, 32-1109 repealed. No. 1434 (House Bill No. 1921). An Act to repeal Code section 32-1107, relating to the expense of elections to determine whether there shall be local taxation for the support of common or public schools; to repeal Code section 32-1109, relating to elections on the question of local taxation for school purposes within municipalities maintaining a system of public schools by local taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 32-1107, relating to the expense of elections to determine whether there shall be local taxation for the support of common or public schools, which reads as follows: 32-1107. Election expenses. The expense of an election held in a county or district to determine whether there shall be local taxation for the support of common or public schools, as provided for by the preceding section, shall be paid by the

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county and shall not be taken from the common or public school fund., Code 32-1107 repealed. is hereby repealed in its entirety. Section 2 . Code section 32-1109, relating to elections on the question of local taxation for school purposes within municipalities maintaining a system of public schools by local taxation, which reads as follows: 32-1109. Local tax election for municipalities. Any municipality authorized by law to establish and maintain a system of public schools by local taxation, in whole or in part, and which is not now specifically authorized to hold an election on the question of local taxation for school purposes, shall have the right to submit the question of local tax for public schools to the qualified voters of the municipality. Upon petition of one-fourth of the qualified voters of such municipality, the municipal authorities shall order an election to be held not earlier than 40 days after receiving such petition. Notice of such election shall be published in a newspaper in the municipality at least once a week for two weeks before the election, or if there be no such newspaper, then notice of such election shall be posted in at least three conspicuous places within the municipality 10 days prior to the election. Those favoring local taxation for public schools shall have written or printed on their ballot `For local taxation for public schools,' and those opposed shall have written or printed on their ballots `Against local taxation for public schools.' The returns of such election shall be made and the result declared, as prescribed for other elections in and for the municipality. Two-thirds of those voting shall be necessary to carry the election for local taxation. An election for the purpose herein named shall not be held oftener than once every 12 months., Code 32-1109 repealed. is hereby repealed in its entirety. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. OPTOMETRYHEARING OFFICER PROVIDED FOR CERTAIN CONTESTED CASES. Code Chapter 84-11 Amended. No. 1435 (House Bill No. 1934). An Act to amend Georgia Code Chapter 84-11, relating to the regulation of the practice of optometry, so as to provide that upon request of the State Board of Examiners in Optometry, the Joint-Secretary, State Examining Boards, may appoint a hearing officer for the purpose of determining a contested case pending before the Board; to provide that an aggrieved party may appeal an initial decision of the hearing officer of the Board where Board review of the initial decision would not provide an adequate remedy or is unlawful; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Georgia Code Chapter 84-11, relating to the regulation of the practice of optometry, is hereby amended by adding a section to be designated Georgia Code section 84-1110.3, which shall read as follows: 84-1110.3 . (a) Upon the written request of the Board of Examiners in Optometry, the Joint-Secretary, State Examining Boards, shall have the power under section 14(a) (5) of the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, as amended, to select and appoint an agency representative to determine a contested case pending before the Board to the extent and in the manner provided by law.

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(b) In any contested case brought under authority of this Code Chapter to enforce provisions of this Code Chapter, a party aggrieved by an initial decision of the agency representative may immediately seek judicial review thereof within the time and in the manner provided by section 20 of the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, as amended, if Board review of the initial decision of the agency representative in accordance with section 18 of the Georgia Administrative Procedure Act would not provide an adequate remedy or if such Board review is unlawful. Upon such appeal the Court shall first determine the claim supporting the intermediate appeal. If the Court determines the claim adversely to the petitioner it shall remand the case to the Board which shall then proceed in accordance with section 18 of the Georgia Administrative Procedure Act except that the Board shall consider the initial decision of the hearing representative as having been filed with it on the date of remand from the court. If the court determines the claim adversely to the Board, it shall treat the initial decision of the agency representative as a final decision of the Board and determine all other issues in the case in accordance with section 20 of this Act. Section 2 . This Act shall become effective July 1, 1976. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. CORPORATION CODE AMENDED. Code Title 22 Amended. No. 1436 (House Bill No. 1954). An Act to amend Code Title 22, relating to corporations, as amended, so as to correct certain typographical errors; to make certain technical changes; to add to the venue requirements

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for domestic and foreign corporations in actions for damages because of torts, wrong or injury done authorizing such corporations to be sued in the county where the cause of action originated, if the corporation transacts business in that county, the requirement that the corporation also have an office in such county; to change the word cost to cash in providing for the merger of a subsidiary corporation into its parent corporation; to change the office of State Treasurer to the Department of Administrative Services; 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 22, relating to corporations, as amended, is hereby amended by adding in subsection (d) of Code section 22-404, after the words if the corporation, the words has an office and, so that when so amended said subsection (d) shall read as follows: (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 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. Section 2 . Said Code Title is further amended by striking from subsection (a) of Code section 22-1005 the word cost, and by inserting in lieu thereof the word cash, so that when so amended said subsection (a) shall 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 shares of each class of any other domestic corporation or corporations

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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 of 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 cash 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. Section 3 . Said Code Title is further amended by striking from subsection (d) of Code section 22-1312 the words State Treasurer and by inserting in lieu thereof the words Department of Administrative Services, so that when so amended said subsection (d) shall read as follows: (d) That all remaining property and assets of the corporation have been distributed among its shareholders in accordance with their respective rights and interests, or that adequate provision has been made therefor, or that such property and assets have been deposited with the Department of Administrative Services as provided in section 22-1324. Code 22-1312 amended. Section 4 . Said Code Title is further amended by striking from Code section 22-1322 the words State Treasurer and by inserting in lieu thereof the words Department of Administrative Services, so that when so amended said section 22-1322 shall read as follows: 22-1322. Decree of Involuntary Dissolution . In proceedings to liquidate the assets and business of a corporation,

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when the costs and expenses of such proceedings and all debts, obligations and liabilities of the corporation have been paid and discharged, or adequate provision has been made therefor, and all of its remaining property and assets distributed to its shareholders, or adequate provisions has been made therefor, or such property and assets have been deposited with the Department of Administrative Services as provided in section 22-1324, or in case its property and assets are not sufficient to satisfy and discharge such costs, expenses, debts and obligations, all the property and assets have been applied so far as they will go to their payment, the court shall enter a decree dissolving the corporation, and upon filing of such decree with the clerk of the court the existence of the corporation shall cease. Section 5 . Said Code Title is further amended by striking from Code section 22-3116 the words State Treasurer and by inserting in lieu thereof the words Department of Administrative Services, so that when so amended said section 22-3116 shall read as follows: 22-3116. Decree of Involuntary Dissolution . In proceedings to liquidate the assets and affairs of a corporation, when the costs and expenses of such proceedings and all debts, obligations and liabilities of the corporation shall have been paid and discharged, or adequate provision has been made therefor, and all of its remaining property and assets distributed in accordance with the provisions of this Code or deposited with the Department of Administrative Services as provided in section 22-3118, or in case its property and assets are not sufficient to satisfy and discharge such costs, expenses, debts and obligations, all the property and assets have been applied so far as they will go to their payment, the court shall enter a decree dissolving the corporation, and upon the filing of such decree with the clerk of the court the existence of the corporation shall cease. Section 6 . This Act shall become effective at 12:01 a.m. on July 1, 1976. Effective date.

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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 7, 1976. REVENUERETURNS OF CERTAIN CORPORATIONS PROVIDED, ETC. Code Chapter 92-24 Amended. No. 1437 (House Bill No. 1990). An Act to amend Chapter 92-24 of the Code of Georgia of 1933, as amended, relating to corporations, including domestic, domesticated foreign and foreign, and the license and occupation tax such organizations are required to pay, so as to provide for the returns of domestic, domesticated foreign and foreign corporations; to provide for the payment of interest and penalties as additions to said tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-2401 of the Code of Georgia of 1933, as amended, relating to corporations, including domestic, domesticated foreign and foreign, and the license

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and occupation tax such organizations are required to pay, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code section 92-2401 to read as follows: 92-2401. Corporations, Domestic, Domesticated Foreign, and Foreign . (a) There is hereby imposed, in addition to all of the taxes required by the law, an annual license or occupation tax on all corporation incorporated under the laws of Georgia, domestic foreign corporations, or corporations incorporated or organized under the laws of any other State, Territory, or Nation doing business or owning property in this State, for the privilege of carrying on a business within this State in the corporate form. (b) The tax imposed by this Section shall be based upon corporate net worth according to the following scale: Corporations with Net Worth Including Issued Capital Stock, Paid-in Surplus and Earned Surplus Amount of Tax Not exceeding $10,000 $ 10.00 Over $10,000 and not exceeding $25,000 $ 20.00 Over $25,000 and not exceeding $40,000 $ 40.00 Over $40,000 and not exceeding $60,000 $ 60.00 Over $60,000 and not exceeding $80,000 $ 75.00 Over $80,000 and not exceeding $100,000 $ 100.00 Over $100,000 and not exceeding $150,000 $ 125.00 Over $150,000 and not exceeding $200,000 $ 150.00 Over $200,000 and not exceeding $300,000 $ 200.00 Over $300,000 and not exceeding $500,000 $ 250.00 Over $500,000 and not exceeding $750,000 $ 300.00 Over $750,000 and not exceeding $1,000,000 $ 500.00 Over $1,000,000 and not exceeding $2,000,000 $ 750.00 Over $2,000,000 and not exceeding $4,000,000 $1,000.00 Over $4,000,000 and not exceeding $6,000,000 $1,250.00 Over $6,000,000 and not exceeding $8,000,000 $1,500.00 Over $8,000,000 and not exceeding $10,000,000 $1,750.00 Over $10,000,000 and not exceeding $12,000,000 $2,000.00 Over $12,000,000 and not exceeding $14,000,000 $2,500.00 Over $14,000,000 and not exceeding $16,000,000 $3,000.00 Over $16,000,000 and not exceeding $18,000,000 $3,500.00 Over $18,000,000 and not exceeding $20,000,000 $4,000.00 Over $20,000,000 and not exceeding $22,000,000 $4,500.00 Over $22,000,000 $5,000.00 Provided, that in respect to any such corporation coming into existence, becoming domesticated or becoming subject to the tax for the first time for an initial taxable period of less than six months, the tax hereby imposed for such period shall be 50 percent of the tax imposed by this law for an entire year. (c) For the purpose of ascertaining the tax hereby imposed, the net worth of the corporation shall be presumed to be the net worth as disclosed on its books and as reflected on the return hereinafter required to be annually filed by such corporation: Provided, however, that in the event the State Revenue Commissioner shall ascertain that the books of any corporation reporting hereunder or the return filed for any corporation reporting hereunder, as hereinafter provided, does not disclose the true net worth of such corporation, then in such event the net worth of such corporation shall have such value as shall be fixed thereon by the State Revenue Commissioner from any information obtained by him from any source. (d) For the purpose of ascertaining the tax hereby imposed on a foreign corporation that is subject to said tax, the corporation is deemed to have employed in this State the proportion of its entire outstanding issued capital stock and surplus that its assets in this State and that the gross receipts

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of business done in this State bears to all of its assets and the total gross receipts of business done by the corporation. Receipts shall be deemed to have been derived from business done within this State only if received from products shipped to customers in this State or delivered within this State to customers, and, in determining gross receipts within Georgia, receipts from sale negotiated or effected through offices of the taxpayer outside the State and delivered from storage from in the State to customers outside the State shall be excluded. Capital stock having no nominal or par value shall be deemed to have such value as is fixed therefor by the State Revenue Commissioner from the information contained in the return to be filed by said corporations as hereinafter provided, and from any other information available to the State Revenue Commissioner: Provided, however, that the State Revenue Commissioner may, by regulation, provide for an alternate method for apportionment of the net worth of a foreign corporation to this State where the formula hereinbefore set forth does not accurately reflect the volume of business done in this State in relation to the total volume of business done by such foreign corporation. (e) Taxable Period. (1) The tax imposed herein shall be due on the first day of the tax period. The annual tax period shall be the same as the annual tax period adopted by the corporation for income tax purposes under the provisions of the Income Tax Act of 1931. If a corporation does not return income taxes to this State, then the taxable period shall begin on January 1 and end on December 31 of each calendar year. (2) The first taxable period of a corporation coming into existence, or becoming domesticated, or becoming subject to the tax for the first time shall begin on the date of incorporation or domestication or first becoming subject to the tax and end on the day preceding the beginning of the regular annual tax period provided for in (1) above. Section 2 . Code section 92-2402 of the Code of Georgia of 1933, as amended, relating to annual reports of domestic corporations, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code section 92-2402 to read as follows:

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92-2402. Occupation and License Tax Return . Every corporation subject to the tax imposed by section 92-2401 shall file a return and pay the tax due on the 15th day of the 4th calendar month following the beginning of its taxable period. The State Revenue Commissioner may provide by rules and regulations for the form and content of such return and for combining such return with the income tax return required by the Income Tax Act of 1931. Such return shall be signed and sworn to by an officer of the corporation and forwarded to the State Revenue Commissioner. Section 3 . Code section 92-2403 of the Code of Georgia of 1933, as amended, relating to foreign corporations, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code section 92-2403 to read as follows: 92-2403 Payment of Tax; Effect; Insurance Companies Excepted . The tax required section 92-2401 shall be paid to the State Revenue Commissioner on or before the 15th day of the fourth calendar month beginning with the first calendar month of the taxable period. The payment of said tax shall authorize said corporation to exercise the privilege specified in section 92-2402 in any county of this State, except as otherwise provided by law. The payment of this tax shall not be construed so as to relieve a corporation or its agents of any other license or occupation tax whatever: Provided, however, that this section and sections 92-2401 and 92-2402 shall not apply to insurance companies which are separately taxed. Section 4 . Code section 92-2404 of the Code of Georgia of 1933, as amended, relating to payment of; effect; insurance companies excepted; returns to be made under oath, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code section 92-2404 to read as follows: 92-2404. Interest and Penalties as Additions to Tax . (a) Any corporation subject to the provisions hereof which fails to timely file the returns herein required, shall become liable to 10 percent of said tax as an added penalty, to be

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collected in the same manner as the tax itself is collected: Provided, however, the State Revenue Commissioner shall have the authority to extend the time for filing the return provided good cause is shown. (b) Should the tax imposed by section 92-2401 remain unpaid after the date prescribed for payment in section 92-2403, the delinquent corporation liable therefor shall be subject to and shall pay in addition to other penalties incurred, a penalty of 10 percent of the tax imposed for failure to pay said tax when due. (c) Any tax imposed by this section which is due and unpaid after the date prescribed herein for payment shall bear interest at the rate of nine percent per annum until paid, the same to be in addition to all other penalties herein prescribed and to be collectible in the same manner as the tax imposed by this section. Section 5 . Code section 92-2405 of the Code of Georgia of 1933, as amended, relating to annual reports, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code section 92-2405 to read as follows: 92-2405. Organizations Exempt From Payment of License and Occupation Tax . The following organizations are exempt from the payment of the tax imposed by this Act: (1) Those organizations not organized for pecuniary gain or profit, and (2) Insurance companies which are separately taxed. 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 7, 1976.

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WILLSCERTAIN PROVISION OF ACT RELATING TO INCORPORATION OF FIDUCIARY POWERS IN WILLS BY REFERENCE REPEALED. No. 1438 (House Bill No. 2015). An Act to amend an Act providing for the incorporation by reference of various fiduciary powers into wills, trusts and other instruments in writing, approved April 17, 1973 (Ga. L. 1973, p. 846), so as to repeal section 3 of the Act; to amend section 4 of the Act to relieve a fiduciary from making and filing an inventory and appraisement, returns and reports, and from filing a bond and to require a fiduciary to furnish annual statements of receipts and disbursements to income beneficiaries; to provide for the applicability 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 . An Act providing for the incorporation by reference of various fiduciary powers into wills, trusts and other instruments in writing, approved April 17, 1973 (Ga. L. 1973, p. 846), is hereby amended by repealing section 3 thereof, which reads as follows: Section 3. No power or authority conferred upon a fiduciary as provided in this Chapter shall be exercised by such fiduciary in such manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. `Tax' includes, but is not limited to, any Federal, State, or local income, gift, estate or inheritance tax., in its entirety. Section 2 . Said Act is further amended by adding to section 4 thereof a new subsection, to be designated subsection (31), to read as follows:

Page 1587

(31) Inventory, appraisement, returns, bond To serve without making and filing inventory and appraisement, without filing any annual or other returns or reports to any court and without giving bond; but shall furnish at least annually a statement of receipts and disbursements to the income beneficiaries. Section 3 . The provisions of this law shall not apply to any will, trust, or other instrument executed prior to the effective date of this 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 7, 1976. LAND CONVEYANCE TO OCONEE COUNTY BOARD OF COMMISSIONERS AUTHORIZED, ETC. No. 147 (House Resolution No. 662-1741). A Resolution. Authorizing the conveyance of certain State-owned real property located within Oconee County to the Oconee County Board of Commissioners; authorizing the sale and transfer of certain State-owned surplus personal property to the Oconee County Board of Commissioners; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Oconee County, Georgia, and commonly known as Eagle Tavern; and Whereas, said real property, now administered by the

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State Department of Natural Resources, comprises approximately 0.331 acres, more or less, and is more particularly described as follows: That certain tract or parcel of land known as the Eagle Tavern property, located in the town of Watkinsville, 221st District G.M., Oconee County, Georgia, containing 0.331 acres as shown on a plat of survey by Ben McLeroy and Associates dated November, 1972, and being the same property described in deed of conveyance from Lanier R. Billups to the Georgia Historical Commission by indenture dated December 17, 1956, recorded in Deed Book qq, Folio 166, Oconee County Registry.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of Eagle Tavern, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the Oconee County Board of Commissioners is desirous of obtaining all of said real property and certain of the personal property located thereon for park, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the Oconee Board of Commissioners for a consideration to

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be mutually agreed upon by the State Department of Natural Resources and the Oconee County Board of Commissioners; and (2) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (3) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to the Oconee County Board of Commissioners, that certain personal property used in the operation and maintenance of Eagle Tavern, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations: (1) that said personal property shall be sold and transferred to the Oconee County Board of Commissioners for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances; (2) that said personal property shall be transferred to the Oconee County Board of Commissioners subject to the conditions that (a) such property shall not be resold by the Oconee County Board of Commissioners within one year after such transfer without the written consent of the State Department of Administrative Services, and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such

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resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved April 7, 1976. GEORGIA CIVIL DEFENSE ACT AMENDEDRESCUE ORGANIZATIONS, EXEMPTED. No. 1406 (House Bill No. 163). 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), and by an Act approved March 21, 1974 (Ga. L. 1974, p. 558), so as to provide for a certain exemption to the requirement that rescue organizations be licensed by the State Director of Civil Defense; 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 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), and by an Act approved March 21, 1974 (Ga. L. 1974, p. 558), is hereby amended by striking section 27 in its entirety and substituting in lieu thereof a new section 27 to read as follows: Section 27. (a) Except as otherwise provided by subsection (b) hereof, all non-governmental rescue organizations, associations, groups, teams or individuals, whether or not they are holders of a charter issued by the State of Georgia or officers thereof, shall be prohibited from performing any rescue or civil defense type activity until such organization, association, group, team or individual has been

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licensed by the State Director of Civil Defense to perform said activities. It is expressly declared to be the intent of this Act to in no way amend, repeal, alter or affect in any manner the provisions of an Act relieving any person who renders emergency care at the scene of an emergency from civil liability when such care or services are rendered without charge and in good faith, approved March 3, 1962 (Ga. L. 1962, p. 534). Exemption. (b) Any marine rescue squadron sponsored by the sheriff of the superior court of the county of residence of said squadron and chartered as a Marine Rescue Squadron of America which has been so chartered since January 1, 1960, or prior to that date, and which performs water or boat safety rescue missions within the State of Georgia shall be deemed to be a governmental rescue organization within the meaning of subsection (a) hereof and need not be licensed by the State Director of Civil Defense as provided by said subsection. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. FELONIES COMMITTED WITH FIREARMSPROVISIONS CHANGED. No. 1408 (House Bill No. 1250). An Act to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, approved April 8, 1968 (Ga. L. 1968, p. 982), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 385), so as to change the penalty provisions; to provide that upon conviction of such felony, the sentence of such person shall run consecutively to any other sentence which such person has received; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, approved April 8, 1968 (Ga. L. 1968, p. 982), is amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1, to read as follows: Section 1. Any person who shall have on his person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit, any crime against or involving the person of another, the unlawful entry into a building or vehicle or a theft from a building or theft of a vehicle and which crime is a felony shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement and labor in the penitentiary for a period of five years, such sentence to run consecutively to any other sentence which the person has received. Upon the second or subsequent conviction of a person under this Act, such person shall be punished by confinement and labor in the penitentiary for a period of 10 years. Notwithstanding any other provision of law to the contrary, the sentence of any person imposed for violating the provisions of this Act a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof. Section 2 . Notwithstanding any prior court decision to the contrary, any crime committed in violation of section 1 shall be considered a separate offense. Separate offense. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976.

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LAND CONVEYANCE TO CITY OF BAINBRIDGE AUTHORIZED, ETC. No. 149 (House Resolution 666-1762). A Resolution. Authorizing the conveyance of certain State-owned real property located within Decatur County to the City of Bainbridge; authorizing the sale and transfer of certain State-owned surplus personal property to the City of Bainbridge; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Decatur County, Georgia, and commonly known as Bainbridge State Park; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 9.84 acres, more or less, and is more particularly described as follows: That certain tract or parcel of land known as the Bainbridge State Park property, located in Land Lot 226 in the 15th District of Decatur County, Georgia, and being the same land described in the following deeds of conveyance: 1. City of Bainbridge to the State of Georgia by indenture dated October 2, 1956, recorded in Deed Book T-6, page 133, Decatur County registry, containing 2.72 acres, more or less. 2. City of Bainbridge to the State of Georgia by indenture dated October 2, 1956, recorded in Deed Book V-6, page 101, Decatur County registry, containing 2.53 acres, more or less. 3. City of Bainbridge to the State of Georgia by indenture dated June 25, 1957, recorded in Deed Book V-6, page 613, Decatur County registry, and containing 1.74 acres, more or less.

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4. City of Bainbridge to the State of Georgia by indenture dated February 24, 1958, recorded in Deed Book Z-6, page 108, Decatur County registry, and containing 1.01 acres, more or less. 5. City of Bainbridge to the State of Georgia by indenture dated June 17, 1958, recorded in Deed Book B-7, page 547, Decatur County registry, and containing 1.84 acres, more or less. The above five tracts of land contain, in all approximately 9.84 acres.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of Bainbridge State Park, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the City of Bainbridge is desirous of obtaining all of said real property and certain of the personal property located thereon for park, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the City of Bainbridge for a consideration to be mutually agreed upon by the State Department of Natural Resources and the City of Bainbridge; and

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(2) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (3) that the conveyance of real property shall be approved by the State Properties Commission. Approved April 7, 1976. GEORGIA LIMING MATERIALS ACT OF 1976. No. 1409 (House Bill No. 1330). An Act to be known as the Georgia Liming Materials Act of 1976; to regulate the distribution and sale of agricultural limestone and other liming materials; to provide for a short title; to provide for definitions; to provide for standards for certain materials; to provide for registration; to provide for forms; to provide for licenses and fees therefor; to provide for labeling; to provide for the sampling and analysis of liming materials; to provide for penalties; to provide for penalties for deficiencies in analysis and the disposition thereof; to provide for guaranteed values and fineness of grind; to provide for orders; to provide short weight and provide penalties therefor; to provide for weighing of materials; to authorize the Commissioner of Agriculture to promulgate rules and regulations to carry out other provisions of this Act; to repeal the Georgia Liming Materials Act of 1963, approved April 12, 1963 (Ga. L. 1963, p. 499); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title . This Act shall be known as the Georgia Liming Materials Act of 1976.

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Section 2. Definitions . The following definitions are applicable only when the following products are sold for or represented to be for agricultural purposes. Any product not listed, the use of which is claimed to decrease soil acidity, must meet the requirements set forth in subsection (a) of this section. (a) Agricultural Liming Materials are those materials whose calcium and magnesium content is capable of neutralizing soil acidity. All liming materials must have a minimum neutralizing value of eighty-five percent (85%) calcium carbonate equivalent and must be free of any material at a level determined by the Commissioner to be dangerous to plant growth. (1) Calcitic Liming Materials are those materials composed wholly or largely of calcium carbonate containing less than six percent (6%) elemental magnesium. (2) Dolomitic Liming Materials are those materials composed of calcium and magnesium carbonates with a minimum content of six percent (6%) elemental magnesium derived from magnesium carbonate. (3) Ground Limestone is calcitic or dolomitic limestone ground so that ninety percent (90%) of the materials will pass through a 10-mesh sieve and not less than twenty-five percent (25%) will pass through a 100-mesh sieve. (4) Finely Ground Limestone is calcitic or dolomitic limestone ground so that ninety-eight percent (98%) of the material will pass through a 20-mesh sieve and not less than seventy percent (70%) will pass through a 100-mesh sieve. (5) Burnt Lime means a material made from limestone which consists essentially of calcium oxide or a combination of calcium and magnesium oxides. These materials shall meet the same screen specifications as set forth for finely ground limestone. (6) Hydrated Lime means a material made from burnt lime which consists essentially of calcium hydroxide or a

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combination of calcium hydroxide with magnesium oxide or magnesium hydroxide, or both. (7) Ground Shells is the product obtained by grinding the shells of mollusks so that not less than fifty percent (50%) of the materials shall pass through a 100-mesh sieve and shall carry the name of the mollusk of origin. (8) Marl means a granular or loosely consolidated earthy material composed largely of seashell fragments and calcium carbonate. These materials shall meet the same screen specifications as set forth for finely ground limestone. (b) Calcium Carbonate Equivalent means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate. (c) Neutralizing Value is the calcium carbonate equivalent. (d) Sieve number designates sieves conforming to specifications of the United States Standard Sieve Series. Sieve tests listed herein are minimum and no tolerance will be allowed. Official analysis shall be determined by the wet method. (e) Ton means a net weight of two thousand (2,000) pounds avoirdupois. (f) Percent, or percentage, means parts per hundred by weight. (g) Bulk means in nonpackaged form. (h) Person means individual partnership, associations, firms or corporations. (i) Weight means the weight of materials as offered for sale. (j) Label means any written or printed matter on or

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attached to a package or on the delivery ticket which accompanies bulk shipment. (k) Brand is the name under which agricultural liming material is sold. (l) Lot shall mean that amount of agricultural liming material on hand and actually covered by the official sample at the time and place of sampling. In determining deficiencies and penalties under the provision of this Act, the word lot shall mean that amount of agricultural liming material included in a single delivery weight ticket. (m) Investigational Allowance means those allowances necessary to compensate for variations inherent in the method of sampling, preparation and analysis of an official sample of agricultural liming material. (n) Registrant means the person who registers limestone under the provision of this Act. (o) Commissioner means the Commissioner of Agriculture. Section 3. Registration . All registrants who sell, offer for sale, hold or distribute agricultural liming materials shall register by July 1 of each calendar year with the Commissioner upon applicable forms furnished by said Commissioner. (a) Registration shall be made by the registrants for each and every brand or type of agricultural liming materials offered for sale, but only one registration shall be required for each brand and type of agricultural liming material. No product intended for agricultural liming purposes shall be offered for sale or be distributed prior to registration with the Department of Agriculture. Such registration shall be considered permanent unless a change in, or deviation from, the information filed with the Commissioner changes such registration. Products labeled for use in the construction or building trades shall be exempt from registration.

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(b) All registrants shall submit semiannually to the Commissioner, on forms supplied by the Commissioner, a report showing the nets tons of all liming material sold within the State, the county to which delivery was made, and the brands or types, or both, of each. The reporting period shall be the six months preceding June 30 and December 31 of each year, and reports shall be filed within thirty days after the close of the reporting period. Licenses. (a) Any person, firm or corporation wishing to become a registrant of liming materials as defined in this Act, shall secure a license from the Commissioner before engaging in such business. Such person, firm or corporation shall make application for such license on forms to be furnished by the Commissioner, containing such information regarding the applicant's proposed operations as the Commissioner may prescribe. Such licenses shall be renewable annually on the first day of July. Such licenses may be revoked or suspended for cause after due notice and opportunity for hearing to consider violations of any provisions of this Act. (b) All registrants who have registered their products with the Commissioner, as provided in this Act, shall pay annually upon registration to the Commissioner, a fee based upon the following tonnage sold during the previous twelve (12) months' period: $100.00 annual fee for producers having sales of 10,000 tons or more of liming materials in Georgia; $50.00 annual fee for producers having sales of less than 10,000 tons of liming materials in Georgia. Section 4. Labeling . (a) Agricultural liming materials sold or offered for sale in this State for use therein, or imported into this State for sale therein, shall have affixed to each container in a conspicuous manner on the outside thereof, a clearly legible, printed or stamped label, tag or statement, or, in the case of bulk sales, a delivery slip, setting forth the following information in the following order: (1)

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the name and address of the principal office of the registrant; (2) the brand name of the material; (3) the identification of the product as to the type of agricultural liming material; (4) the minimum guaranteed neutralizing value expressed as a percentage; (5) the minimum guaranteed content of elemental calcium (Ca.); (6) in the case of dolomitic limestone, the minimum guaranteed content of elemental magnesium (Mg.); (7) the minimum percent guaranteed by weight passing through U. S. Standard Sieves as prescribed in sections 2(a) (3) and 2(a) (4); (8) the percent moisture; and (9) net weight. (b) No information or statement shall appear on any package label, delivery slip or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type or composition of any agricultural liming material. Section 5. Guaranteed values and fineness of grind . The Commissioner is authorized to determine the neutralizing value of calcium, magnesium, fineness of grind, and moisture content of liming materials. The methods of analysis shall be those adopted by the Association of Official Analytical Chemists, or such other methods as may be adopted by the Commissioner. Section 6. Alteration of guarantees . If any person, before reselling any agricultural liming material, alters or otherwise changes the original guarantee of a lime product, the reseller is liable for any penalty that may be incurred. Section 7. Violations . (a) If it shall appear to the Commissioner or his agents that any of the provisions of this Act or the rules and regulations issued thereunder have been violated, the Commissioner shall cause notice of the violation to be given to the registrant, jobber or vendor concerned and the persons notified shall be given an opportunity to be heard in accordance with the Georgia Administrative Procedure Act, as amended. If it appears after such hearing that any of the provisions of this Act, or rules and regulations issued thereto, have been violated, the Commissioner

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may certify the facts to the Court having jurisdiction for prosecution as a misdemeanor. (b) Any person convicted of violating any provision of this Act or the rules and regulations issued thereunder, shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law. (c) Nothing in this Act shall be construed as requiring the Commissioner to report for prosecution or for the institution of seizure proceedings as a result of violations of this Act when he believes that the public interest will be best served by other methods. Section 8. Stop sale orders . The Commissioner is hereby authorized to issue a stop sale order against any lot of liming materials covered under this Act when such material is found to be in violation of the Act. The stop sale order may be removed only by written order from the Commissioner. Section 9. Sampling . Materials covered by this Act shall be sampled in accordance with the official methods as adopted by the Commissioner. Section 10. Penalties . When, upon analysis, an official sample of agricultural liming material fails to meet the requirements of this Act, a penalty shall be assessed in accordance with the following provisions: (a) In the event an official sample is found deficient in neutralizing value below the guarantee, the penalty shall be ten cents (10) per percentage point, or fraction thereof. (b) In the event an official sample is found to be deficient in magnesium guarantee, the penalty shall be fifty cents (50) per percentage point, or fraction thereof. (c) When an official sample does not meet screen specifications as set forth in this Act, the penalty shall be twenty cents (20) per percentage point, or fraction thereof.

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(d) If the moisture content of an official sample exceeds fifteen percent (15%), a penalty of one dollar ($1.00) per ton shall be assessed for each increase of five percent (5%) by weight, or fraction thereof. (e) When an official sample is subject to a penalty, there shall be a minimum penalty of five dollars ($5.00), and a maximum penalty not to exceed the actual retail value. (f) Where the registrant or dealer has possession of liming material which fails to meet the minimum requirements as set forth in this Act, said registrant or dealer may sell said liming material, provided that said registrant or dealer gives a discount to a buyer of said defective liming material in an amount equivalent to whatever penalty he would accrue according to the provisions of this Act. The actual analysis and exact amount of this discount must be shown on the face of the invoice or delivery ticket. (g) Penalty payments will be made to the consumer, when known, through the office of the Commissioner. If the consumer is unknown, the penalty will be sent to the Commissioner to be deposited in the State Treasury. Section 11. Short weight . When any agricultural liming material in the possession of the consumer is found to be short weight, the seller shall pay to the consumer a penalty equal to four times the value of the actual shortage. If at the time of delivery of an agricultural liming material, the purchaser has doubt as to the invoiced weight, he may demand weighing by a certified public weigher. If found to be below the invoiced weight, the seller shall be liable for all costs incidental to the weighing. If found to be as invoiced, or above, the seller may adjust the invoice to the true weight and the purchaser shall be liable for all costs incidental to the weighing. Such costs shall be calculated on the basis of one dollar ($1.00) per ton plus the weigher's fee. Section 12. Sale prohibited . No agricultural liming material

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shall be sold or offered for sale in this State which fails to comply with the provisions of this Act. Section 13. Rules and regulations . For the enforcement of this Act, the Commissioner is authorized, after due notice and public hearing, to adopt and enforce rules and regulations relating to the distribution of agricultural liming materials and necessary to carry into effect the full intent and meaning of this Act. Such rules and regulations shall not become effective until 30 days after a copy of such rules and regulations has been mailed by certified mail to each member of the House and Senate Agriculture Committees. Section 14. Specific repealer . The Georgia Liming Materials Act of 1963, approved April 12, 1963 (Ga. L. 1963, p. 499), is hereby repealed in its entirety. Section 15. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. STATE EMPLOYEESCERTAIN INSURANCE PREMIUMSSALARY DEDUCTIONS AUTHORIZED. No. 1410 (House Bill No. 1362). An Act to amend an Act authorizing the various departments and agencies of the State to make certain deductions from the wages and salaries of State employees, approved March 10, 1964 (Ga. L. 1964, p. 255), so as to authorize deductions from the salaries or wages of its full-time State employees of amounts voluntarily designated by such employees for the purpose of payment of insurance premiums to a designated insurance company or designated insurance companies licensed to do business in Georgia by the State Insurance Commissioner; to require

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approval of the head of the department or agency involved before any deduction is made; to require written requests from state employees before any such deduction is made; to prevent the State from incurring liability in connection with payroll deductions from the salaries or wages of its employees; to provide the 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 authorizing the various departments and agencies of the State to make certain deductions from the wages and salaries of State employees, approved March 10, 1964 (Ga. L. 1964, p. 255), is hereby amended by adding between sections 2 and 3 a new section 2A to read as follows: Section 2A. Any department or agency of the State of Georgia is hereby authorized to deduct from the salaries or wages of its full-time employees voluntarily designated amounts for the purpose of payment of insurance premiums to a designated insurance company or designated insurance companies which are licensed to do business in Georgia by the State Insurance Commissioner. No such deduction shall be made without the approval of the head of the department or agency employing the designating employee. No such deductions shall be made unless at least 15% of the full-time employees of a department or agency request such deductions which are to be paid to a particular insurance company. No such deductions shall be made without individual written requests of the employees, which requests shall designate the exact amount which is to be deducted. Any employee who consents to such a deduction is hereby authorized to terminate the deduction upon two weeks' written notice. Each department head may discontinue allowing such deductions upon reasonable notice to the company and his employees. Deductions. The fiscal authorities or other employees of the various departments or agencies of the State will not incur any liability for errors or omissions made in the performance

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of the payroll deduction agreement between the department or agency and the employee; provided that no fiscal authority or employee of this State is hereby protected from criminal or civil liability for conversion, theft by conversion, theft by taking, theft by extortion, theft by deception or any other intentional misappropriation of the monies or property of another to his own use. 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 7, 1976. LAND CONVEYANCE TO CITY OF SWAINSBORO AUTHORIZED, ETC. No. 150 (House Resolution No. 669-1774). A Resolution. Authorizing the conveyance of certain State-owned real property located within Emanuel County to the City of Swainsboro; authorizing the sale and transfer of certain State-owned surplus personal property to the City of Swainsboro; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Emanuel County, Georgia, and commonly known as Yam Grande State Park; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 11.40 acres, more or less, and is more particularly described as follows:

Page 1606

That certain tract or parcel of land known as Yam Grande State Park property, lying in or near the City of Swainsboro, in the 53rd G. M. District of Emanuel County, Georgia, being the same Land described in the corrective deed from the City of Swainsboro to the State of Georgia, dated April 7, 1956, recorded in Deed Book DS, p. 129, Emanuel County Registry, and as more fully shown on plat of survey by Frank J. Ford, dated March 6, 1956, recorded in Deed Book `DR', p. 568, also in Emanuel County Registry.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of Yam Grande State Park, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the City of Swainsboro is desirous of obtaining all of said real property and certain of the personal property located thereon for park, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned property, subject to the following stipulations: (1) that said real property shall be conveyed to the City of Swainsboro for a consideration to be mutually agreed upon by the State Department of Natural Resources and the City of Swainsboro; and (2) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources;

Page 1607

and (3) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to the City of Swainsboro, that certain personal property used in the operation and maintenance of Yam Grande State Park, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations: (1) that said personal property shall be sold and transferred to the City of Swainsboro for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances; (2) that said personal property shall be transferred to the City of Swainsboro subject to the conditions that (a) such property shall not be resold by the City of Swainsboro within one year after such transfer without the written consent of the State Department of Administrative Services, and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved April 7, 1976.

Page 1608

GARNISHMENT ACT. Code Title 46 Amended. No. 1411 (House Bill No. 1371). An Act to amend the Code of Georgia of 1933, as amended, by striking Code Title 46, relating to garnishment, as amended, in its entirety and inserting in lieu thereof a new Code Title 46, relating to garnishment, so as to provide for the right to the writ of garnishment after judgment; to provide for garnishment affidavit; to provide for a summons of garnishment and additional summons; to provide for notice to the defendant; to provide under what conditions the writ of garnishment may issue before judgment; to provide that application for garnishment before judgment be made to a judge; to provide for the contents of said application; to provide for order authorizing garnishment prior to judgment; to provide for bond in proceedings to secure garnishment prior to judgment; to provide for service on defendant and defendant's right to hearing in garnishment prior to judgment and the procedure thereof; to provide for the exemption of wages in garnishments prior to judgment; to provide for all funds and property to be held by clerk pending judgment in garnishment prior to judgment; to provide for what is subject to garnishment and for certain exemptions; to provide for restriction on discharge from employment by reason of garnishment; to provide for service of summons of garnishment upon corporation; to provide practice and procedure in garnishment cases; to provide for salaries of government employees to be subject to garnishment; to provide for release of summons of garnishment and its effect; to provide for the defendant to become a party to the garnishment and the procedure thereof; to provide the effect of defendant's traverse and substitution by bond; to provide for issues defendant may raise; to provide that claimants may become a party; to provide for the contents of garnishee's answer and service thereof; to provide for delivery of property to court by garnishee; to provide for traverse of garnishee's answer, the contents and service thereof; to provide for garnishee's expenses;

Page 1609

to provide for judgment against garnishee for failure to answer and relief therefrom; to provide for distribution of proceeds after garnishee has answered; to provide for the order of trial; to provide procedure where defendant's traverse prevails; to provide for conflicting claims of garnishment cases; to provide for trial of plaintiff's traverse and for judgment against garnishee; to provide for discovery and amendment in garnishment cases; to provide for challenge to sufficiency of bond; to provide for judge to act where there is no clerk; to provide forms for garnishment; 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 Code of Georgia of 1933, as amended, is hereby amended by striking Code Title 46, relating to garnishment, as amended, in its entirety and inserting in lieu thereof a new Code Title 46, relating to garnishment, to read as follows: TITLE 46 GARNISHMENT CHAPTER 46-1. POST-JUDGMENT GARNISHMENT . 46-101. Right to writ after judgment .In all cases where a money judgment shall have been obtained in a court of this State, the plaintiff shall be entitled to the process of garnishment. 46-102. Affidavit; necessity and contents .The plaintiff, his attorney at law, or his agent shall make an affidavit before any officer authorized to administer oaths setting forth that he has a judgment against a named defendant, the amount claimed to be due on such judgment, the name of the court which rendered such judgment and the case number thereof. Such affidavit may be made upon the affiant's knowledge. Upon the filing of such affidavit with the clerk of any court in the county of residence of the

Page 1610

garnishee having jurisdiction over the garnishee, he shall cause a summons of garnishment to issue forthwith. 46-103. Summons of garnishment .The summons of garnishment shall be directed to the garnishee commanding him to file an answer stating what money or other property is subject to garnishment. Such answer must be filed with the court issuing the summons not sooner than thirty days and not later than forty-five days after the service of such summons and must be accompanied by the money or other property subject to garnishment. Upon such affidavit and summons being delivered to the sheriff, marshal, constable or like officer of the court issuing the summons, it shall be his duty to serve the summons of garnishment upon the person to whom it is directed and to make his entry of service upon the affidavit and return the same to the court. The summons of garnishment shall state that if the garnishee fails to answer the same, a judgment by default will be entered against the garnishee for the amount claimed by plaintiff against the defendant. 46-104. Additional summons .Summons of garnishment may issue from time to time on the same affidavit until the judgment is paid, or the garnishment proceeding is otherwise terminated in accordance with this Code Title. CHAPTER 46-2. GARNISHMENT PRIOR TO JUDGMENT . 46-201. Right to writ before judgment .In cases where suit is pending against the defendant, garnishment may issue prior to judgment only in the following cases: (a) When the defendant resides without the State; or (b) When the defendant is actually removing, or about to remove, without the limits of the county; or (c) When the defendant is causing his property to be removed beyond the limits of the State; or

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(d) When the defendant has transferred, or has threatened to transfer, or is about to transfer property to defraud or delay his creditors; or (e) When the defendant is insolvent. 46-202. Application to be made to judge; contents .When the plaintiff contends one or more of the grounds set forth in Code section 46-201 exists, prior to obtaining judgment against the defendant, the plaintiff may make application to a judge of any court of record, other than the probate court, in the county of residence of the garnishee and having jurisdiction over the garnishee for an order authorizing the issuance of summons of garnishment. Such application shall be made in writing, under oath, and shall set forth the specific facts that show the existence of one or more of such grounds, as well as the name of the court where the suit is pending, the case number of such suit, and the amount claimed therein by the plaintiff. 46-203. Order authorizing garnishment prior to judgment .After considering plaintiff's application, if the judge to whom same is made finds that the facts alleged show the existence of one or more of the grounds set forth in Code section 46-201, he may enter an order authorizing garnishment prior to judgment. The entry of such order shall authorize the clerk of the court in which the garnishment proceedings are pending to issue summons of garnishment from time to time without a further showing until the case is terminated or until further order of the court. 46-204. Bond in proceedings to secure garnishment prior to judgment .No summons of garnishment prior to judgment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he may sustain in consequence of suing out said garnishment in the event that the amount claimed to be due was not due, or that no lawful ground for the issuance of such garnishment prior to judgment existed, or that the property sought to be garnished was not subject to garnishment. Such bond shall be in a sum equal to twice the amount

Page 1612

claimed due in the plaintiff's application. The bond shall be presented to the clerk of the court where the application provided for in this Chapter is sought to be filed for approval by such clerk prior to making application to the judge of such court for the writ of garnishment. 46-205. Service upon defendant .Upon the entry of an order authorizing the issuance of garnishment prior to judgment, summons of garnishment shall issue and be served as provided in Code section 46-103, governing post-judgment garnishment. A copy of such order and of each summons of garnishment issued pursuant thereto shall be served upon the defendant in any manner prescribed for the service of original summons and complaints. 46-206. Defendant's right to hearing; procedure .When summons of garnishment shall issue before judgment against the defendant, such defendant may at any time traverse the plaintiff's affidavit upon which such garnishment was obtained, stating that the same is untrue or legally insufficient. Upon filing of such traverse, the court shall issue a show cause order to the plaintiff requiring him to appear at a time certain, not to be more than ten days from the filing of the traverse, to prove the grounds for the issuance of the garnishment. If the plaintiff shall fail to carry the burden of proof, the order authorizing the garnishment prior to judgment shall be revoked. 46-207. Personal earnings of defendant not subject to garnishment prior to judgment .Any other provisions of this Act to the contrary notwithstanding, no part of the personal earnings of the defendant shall be subject to garnishment prior to judgment, whether such earnings be denominated as salary, wages, commissions or otherwise, and each summons of garnishment which is issued pursuant to this Chapter shall state the substance of this section upon the face thereof. 46-208. Funds to be held by clerk pending judgment .When funds or other property are paid into court or subject to garnishment under the provisions of this Chapter, the same shall be held by the clerk of the court in which the

Page 1613

garnishment proceedings are pending until final judgment is entered against the defendant in the main proceedings. Provided, however, that if the garnishment is released by filing of the bond provided for by Code section 46-402, such funds or other property shall be delivered to the defendant, if no claim has been filed pursuant to Code section 46-404 at the time such bond is approved and filed with the clerk of the court. 46-209. Proceedings subsequent to judgment .After final judgment shall be entered in the suit upon which garnishment summons issued prior to judgment, the garnishment proceedings shall continue in accordance with the provisions of Code Chapter 46-1 governing post-judgment garnishment. The plaintiff shall not have judgment against the garnishee until he shall have obtained final judgment against the defendant. CHAPTER 46-3. PROPERTY AND PERSONS SUBJECT TO GARNISHMENT . 46-301. What is subject to garnishment .(a) All debts owed by the garnishee to the defendant at the time of service of summons of garnishment and all debts accruing from the garnishee to the defendant from the date of service to the date of the garnishee's answer shall be subject to process of garnishment, and no payment made by the garnishee to the defendant or to his order, or by any arrangement between the defendant and the garnishee after the date of the service of the summons of garnishment shall defeat the lien of such garnishment. (b) All property, money or effects of the defendant in the possession or control of the garnishee at the time of service of the summons of garnishment or coming into the possession or control of the garnishee at any time from the date of service of the summons of garnishment to the date of the garnishee's answer shall be subject to process of garnishment, except in the case of collateral securities in the hands of a creditor, such securities shall not be subject to garnishment so long as there is an amount owed on the debt for which such securities were given as collateral.

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(c) Notwithstanding the provisions of Code section 46-301(a), the maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment may not exceed the lesser of: (1) 25 percent of his disposable earnings for that week, or (2) The amount by which his disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed by Section 6(a) (1) of the Fair Labor Standards Act of 1938, U.S.C. Title 29, section 206(a) (1), in effect at the time the earnings are payable. `Disposable earnings' shall mean that part of the earnings of an individual remaining after the deduction from those earnings of the amounts required by law to be withheld. (3) In case of earnings for a period other than a week, a multiple of the federal minimum hourly wage equivalent in effect to that set forth in Code section 46-301(c) (2) shall be used. (d) The exemption provided by Code section 46-301(c) shall not apply if the judgment upon which the garnishment is based is a judgment for alimony or for the support of any dependent of the defendant, provided the summons of garnishment shall contain a notice to the garnishee that no exemption is applicable. (e) The limitation on garnishment set forth in Code section 46-301(c) shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant, and no garnishee shall withhold from the disposable earnings of the defendant any sum greater than the amount prescribed by such section, regardless of the number of summonses served upon the garnishee. 46-302. Exemption of pensions paid to retired employees by former employers .Except as otherwise provided by law, pensions paid by former employers to retired employees

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shall be exempt from the process of garnishment in the same manner and to the same extent as is provided for in the case of disposable earnings by Code section 46-301(c). 46-303. Restriction on discharge from employment by reason of garnishment .No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness, even though more than one summons of garnishment may be served upon such employer with respect to such indebtedness. 46-304. Service of summons of garnishment upon corporation .Service of a summons of garnishment upon the agent in charge of either the registered office or the principal place of business of the corporation shall be sufficient. Such service shall be available in addition to such other means of service as are now or may hereafter be prescribed by other laws. 46-305. Practice and procedure .The procedure in garnishment cases shall be uniform in all courts throughout this State, and except as otherwise provided in this Code Title, the Georgia Civil Practice Act shall apply in garnishment proceedings. 46-306. Salaries of government employees .Salaries due officials or employees of the State government and of its political subdivisions, departments, agencies and instrumentalities shall be subject to garnishment. In such cases, the summons shall be directed to such political entity and served upon the person authorized by law to draw the warrant on the treasury of the government or to issue a check for such salary so due, or upon the chief administrative officer of the political subdivision, department, agency or instrumentality, and such entity is required to answer said summons in accordance with the mandate thereof, and as provided by this Code Title. Only for the purpose stated in this section, the State and its political subdivisions, departments, agencies and instrumentalities are made private persons.

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46-307. Release of summons of garnishment .It shall be the duty of the clerk of the court in which garnishment proceedings are pending to issue a release of garnishment if (a) the plaintiff or his attorney so requests in writing; or (b) the amount claimed due together with the costs of the garnishment proceeding are paid into court; or (c) a dissolution bond is filed by the defendant and approved by the clerk as provided for in this Code Title; or (d) in case a judge shall enter an order, after a hearing required by this Code Title, directing that such garnishment be released; or (e) the garnishment is dismissed. 46-308. Effect of release .A release shall relieve the garnishee from any obligation to file an answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to deliver to the defendant in garnishment any money or other property in the garnishee's possession belonging to the defendant. A release shall not operate as a dismissal of the garnishment proceedings. CHAPTER 46-4. PROCEDURE BY WHICH DEFENDANTS AND CLAIMANTS MAY BECOME PARTIES . 46-401. Defendant may become a party .A garnishment proceeding is an action between the plaintiff and garnishee, but at any time before a judgment is rendered on garnishee's answer, or before money or other property subject to garnishment is distributed, the defendant may become a party to the garnishment for the purposes set out in Code section 46-403 by filing a traverse to plaintiff's affidavit stating that the same is untrue or legally insufficient, and he shall be a party to all proceedings thereafter. Upon the filing of the defendant's traverse, and at the defendant's application therefor, a judge of the court in which the case is

Page 1617

pending shall order a hearing to be held not more than ten days from the date such traverse is filed. Such hearing is available to the defendant as a matter of right after filing his traverse, and no further summons of garnishment may issue, nor may any money or other property answered subject to garnishment be disbursed until such hearing is held. 46-402. Effect of defendant's traverse on garnishee; substitution by bond .When the defendant files his traverse, the garnishee is not relieved of filing an answer nor is garnishee relieved of delivering the money or other property of the defendant which is subject to the garnishment to the court, unless the defendant files in the clerk's office of the court where the garnishment is pending a bond with good security in favor of the plaintiff conditioned for the payment of any judgment that may be rendered in such proceeding. Such bond shall be subject to approval by the clerk of said court, and upon receipt of a bond deemed acceptable by such clerk, it shall be his duty to issue a release of any summons of garnishment pending in such garnishment proceeding. If the plaintiff shall prevail in such proceeding, he may enter up judgment upon such bond against the principal and securities therein, as judgment may be entered against securities upon appeal. Where the defendant files such bond, no further garnishment process may be filed in any court by the plaintiff against the defendant until the issues raised by the defendant's pleadings are decided. 46-403. Issues defendant may raise .(a) When garnishment proceedings are based upon a judgment, the defendant, by traverse of plaintiff's affidavit, may challenge the existence of such judgment or the amount claimed due thereon. The defendant may plead any other matter in bar of said judgment, except as provided in subsection (b) of this section. (b) The validity of the judgment upon which a garnishment is based may only be challenged in accordance with the provisions of the Georgia Civil Practice Act, and no such challenge shall be entertained in the garnishment case. However, where the court finds that the defendant has attacked the validity of the judgment upon which the

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garnishment is based in an appropriate forum, the judge may order the garnishment released and stayed until the validity of such judgment has been determined in such forum. (c) If the garnishment proceedings are based upon a pending suit, the case shall proceed in accordance with the provisions of Code section 46-206. 46-404. Claimants may become a party .At any time before judgment is rendered on garnishee's answer, or money or other property subject to garnishment is distributed, any person may file a claim in writing under oath stating that he has a claim superior to that of the plaintiff to the money or other property in the hands of the garnishee subject to the process of garnishment, and such claimant shall be a party to all further proceedings upon said garnishment. CHAPTER 46-5. ANSWER AND SUBSEQUENT PROCEEDINGS . 46-501. Contents of answer .Within the time prescribed by Code section 46-103, the garnishee shall file his answer describing what money or other property is subject to garnishment under Code section 46-301. If the garnishee shall owe the defendant any sum for wages, the answer shall also state specifically when the wages were earned by defendant and whether the same were earned as daily, weekly, or monthly wages. If garnishee has been served with summons in more than one garnishment case involving the same defendant, garnishee shall state in each answer that the money or other property is being delivered to the court subject to the claims of all the cases giving the numbers of all such cases in each answer. If the garnishee shall be unable to answer as herein provided, his inability shall appear in his answer, together with all the facts plainly, fully, and distinctly set forth, so as to enable the court of give judgment thereon. 46-502. Service of answer .All answers by garnishee shall concurrently with filing be serve upon the plaintiff or his attorney. Service may be shown by the written acknowledgment

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of the plaintiff or his attorney or by the certificate of the garnishee or his attorney, attached to garnishee's answer, that a copy of the answer was mailed to plaintiff or his attorney. Provided, however, no service shall be required unless the name and address of the plaintiff or his attorney shall appear on the face of the summons of garnishment. Provided further, that if garnishee fails to serve the plaintiff, the plaintiff shall be allowed fifteen days from the time plaintiff receives actual notice of the answer to traverse same. 46-503. Delivery of property to court .Along with the answer, the garnishee shall deliver to the court the money or other property admitted in the answer to be subject to garnishment. 46-504. Traverse of answer of garnishee .If the garnishee serves his answer on the plaintiff as provided in Code section 46-502, the plaintiff or claimant must traverse said answer within fifteen days after it is served or the garnishee is automatically discharged of further liability with respect to the summons so answered. 46-505. Contents of traverse .The traverse of garnishee's answer shall be a statement by the plaintiff or his attorney or by a claimant or his attorney that garnishee's answer is untrue or legally insufficient. Such statement places in issue all questions of law and fact concerning garnishee's answer. 46-506. Service of traverse .A traverse shall be served in the same manner as is provided in section 5(b) (Ga. Code Ann. Sec. 81A-105 (b)) of the Georgia Civil Practice Act for the service of subsequent pleadings. 46-507. Garnishee's expenses .Garnishee shall be entitled to his actual reasonable expenses, including attorney's fees, in making a true answer of garnishment. The amount so incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast as cost are cast in other cases. The garnishee may deduct $15.00 or 10

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percent of the amount paid into court, whichever is greater, not to exceed $50.00 as reasonable attorney's fees or expenses; but if garnishee can show that his actual attorney's fees or expenses exceed the aforesaid amount, he must petition the court for a hearing, at the time of making his answer, without deducting from the amount paid into court. Upon hearing from the parties, the court may enter an order for payment of actual attorney's fees or expenses proven by the garnishee to have been reasonably incurred in making his answer. In the event the garnishee makes the deduction herein permitted, but the costs are later cast upon the garnishee, then the garnishee shall forthwith refund to the defendant the funds deducted; and if the costs are later cast against the plaintiff, then the court shall render judgment in favor of the defendant and against the plaintiff for the amount of such deductions made by the garnishee. 46-508. Default judgment against garnishee on failure to answer .In case garnishee fails or refuses to file an answer by the forty-fifth day after service of the summons, garnishee shall automatically become in default. The default may be opened as a matter of right by the filing of an answer within fifteen days of the day of default upon payment of costs. If the case is still in default after the expiration of such period of fifteen days, judgment by default may be entered at any time thereafter against garnishee for the amount claimed to be due on the judgment obtained against the defendant. 46-509. Relief from default judgment .When a judgment is rendered against a garnishee under Code section 46-508, on motion filed not later than one year from the date any judgment so obtained is entered on the General Execution Docket, garnishee, upon payment of all accrued costs of court, may have the judgment modified so that the amount of the judgment shall be reduced to 125 percent of the amount by which the garnishee was indebted to defendant from the time of service of summons of garnishment through and including the last day on which a timely answer could have been made for all money, other property, of effects belonging to the defendant which came into the garnishee's hands from the time of service of the summons

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through and including the last day on which a timely answer could have been made, and in the case of garnishment of wages, less any exemption allowed the defendant by law. Provided, however, the amount of the judgment shall not be reduced below an amount equal to 15 percent of the principal amount of the judgment against the defendant or $50.00, whichever is greater. Provided, further, that on the trial of the motion, the burden of proof shall be on the garnishee. 46-510. Proceedings after answer .Fifteen days after answer is filed, if no traverse or claim has been filed: (a) If money is delivered to the court by garnishee, the clerk shall pay said money to plaintiff or his attorney on his application; (b) If other property is delivered to the court by garnishee, the sheriff, marshal, constable or like officer of the court shall sell the property in the manner provided by law for the sale of property levied under an execution and the proceeds of such sale shall be delivered to the plaintiff or his attorney on his application; (c) If money or other property admitted to be subject to the garnishment is not delivered to the court, judgment shall be rendered for the plaintiff and against the garnishee for said money or other property and execution shall issue on said judgment. 46-511. Order of trial after answer .After garnishee's answer is filed, the defendant's traverse shall be tried first, and plaintiff's traverse shall be tried second. Claims shall be tried last. Provided, however, the court shall retain the money or other property subject to garnishment until trial of any claim which may be filed under this Title. 46-512. Procedure where defendant prevails; claims .Where the defendant prevails upon the trial of the issues made by his traverse, the garnishment case shall be dismissed by the court and any money or other property belonging to the defendant in the possession of the court shall

Page 1622

be restored to the defendant, unless a claim thereto has been filed. If a claim has been filed, all parties of record may introduce evidence to establish their respective interests in the money or other property in court, and the court shall direct that the money or other property be distributed in accordance with the laws governing priority of claims. 46-513. Conflicting claims of cases .Where money or other property is in court subject to the claims of more than one garnishment case, any interested party to any one of the garnishment cases may make a motion to the court in his case for the distribution of such funds. Each party of interest in each case and the clerk of the court shall be served with a copy of the motion. Upon hearing the motion, the court shall enter an order directing that the clerk be paid the court cost of each garnishment proceeding first, and all remaining funds shall be distributed in accordance with the law governing the relative priorities of claims, judgments and liens. 46-514. Trial of plaintiff's traverse; judgment against garnishee .On the trial of plaintiff's traverse, if the court finds the garnishee has failed to properly answer the summons, the court shall disallow any expenses claimed by the garnishee and render a judgment for any money or other property delivered to the court with the garnishee's answer, plus any money or other property the court finds subject to garnishment which the garnishee has failed to deliver to the court; provided, however, that the total amount of such judgment shall in no event exceed the amount claimed due by plaintiff, together with the costs of the garnishment proceeding. CHAPTER 46-6. MISCELLANEOUS PROVISIONS . 46-601. Discovery .Discovery in a garnishment proceeding shall be made in the manner provided for in the Georgia Civil Practice Act. 46-602. Amendment .Unless otherwise provided in this Act, any affidavit, bond or pleading required or permitted by

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any provision of this Code Title shall be amendable at any time before judgment thereon. 46-603. Challenge to sufficiency of bond .Any party of record to a proceeding under this Code Title who may be affected materially thereby may challenge the sufficiency of any bond required or permitted by any provision hereof. Such challenge shall be made by motion to require additional security, and if upon hearing the same the court shall determine that the security upon the bond is inadequate for the purposes for which such bond is filed, an order shall be entered requiring the person filing such bond to furnish additional security within seven days of the date of such order. The original surety shall not be discharged from his liability on the bond until another surety is approved. 46-604. Judge to act where no clerk .Where any provisions of this Code Title which make the performance of any function the duty of the clerk, such function shall be performed by the judge if the court in which the proceedings are filed has no clerk. 46-605. Forms for post-judgment garnishment .For the purpose of this Code Title, the following forms are hereby declared to be sufficient for garnishment after judgment. Provided, nothing in this section shall be construed to require the use of particular forms in any proceeding under this Code Title.

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Page 1625

YOU ARE HEREBY COMMANDED to immediately hold all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons and the time of making your answer. Not sooner than 30 days but not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named below. Money or other property subject to this summons should be delivered to the court with your answer. Should you fail to answer this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant.

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TRAVERSE OF DEFENDANT ORDER

Page 1627

ANSWER OF GARNISHMENT

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TRAVERSE OF PLAINTIFF RELEASE OF GARNISHMENT

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This release does not terminate the garnishment proceedings nor does this release relieve you of any obligation placed on you by the service of a summons of garnishment subsequent to this date. 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, and shall apply to all garnishment cases pending on the date of its adoption. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. LAND CONVEYANCE TO CITY OF JEFFERSON AUTHORIZED, ETC. No. 151 (House Resolution No. 672-1784). Authorizing the conveyance of certain State-owned real property located within Jackson County to the City of Jefferson; authorizing the sale and transfer of certain

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State-owned surplus personal property to the City of Jefferson; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Jackson County, Georgia, and commonly known as the Crawford W. Long Museum; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 1.03 acres, more or less, and is more particularly described as follows: That certain tract or parcel of land known as the Crawford W. Long Museum property, located in the City of Jefferson, 245th District G. M. Jackson County, Georgia, and being the same property described in the following deeds of conveyance: 1) Mrs. J. B. Pendergrass, et al. to the State of Georgia by indenture dated February 18, 1953, recorded in Deed Book 3Q, Page 319, Jackson County Registry. 2) Mrs. J. B. Pendergrass, et al. to the State of Georgia by indenture dated April 29, 1955, recorded in Deed Book 3-U, Page 311, Jackson County Registry.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of the Crawford W. Long Museum, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the City of Jefferson is desirous of obtaining all of said real property and certain of the personal property

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located thereon for park, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the City of Jefferson for a consideration to be mutually agreed upon by the State Department of Natural Resources and the City of Jefferson; and (2) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (3) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to the City of Jefferson, that certain personal property used in the operation and maintenance of the Crawford W. Long Museum, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations: (1) that said personal property shall be sold and transferred to the City of Jefferson for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances;

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(2) that said personal property shall be transferred to the City of Jefferson subject to the conditions that (a) such property shall not be resold by the City of Jefferson within one year after such transfer without the written consent of the State Department of Administrative Services, and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outcry to the highest bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved April 7, 1976. GEORGIA BOAT SAFETY ACT AMENDEDTRAFFIC REGULATED, ETC. No. 1412 (House Bill No. 1500). An Act to amend an Act known as the Georgia Boat Safety Act, approved April 19, 1973 (Ga. L. 1973, p. 1427), as amended, so as to provide for certain definitions; to require certain water vessels to carry personal flotation devises; to require fire extinguishers for certain mechanically-propelled water vessels; to correct an incorrect reference; to require certain information to be carried on board livery boats; to require that the owner of numbered vessels provide the Department with certain information; to provide that certificates of number will become void upon the happening of specified events and to require their surrender; to require the removal of registration numbers under certain circumstances; to provide for Rules of the Road for water vessels; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act known as the Georgia Boat Safety Act, approved April 19, 1973 (Ga. L. 1973, p. 1427), as amended, is hereby amended by adding a new subsection at the end of section 3 to be designated subsection (m) to read as follows: (m) `Personal flotation device' means any lifesaving device classified and approved as Type I, Type II, Type III or Type IV by the U. S. Coast Guard. Personal flotation device defined. Section 2 . Said Act is further amended by striking paragraphs (1) and (2) of subsection (d) of section 8 in their entirety, inserting a new paragraph (1) in lieu thereof, and renumbering the remaining paragraph accordingly, said new paragraph (1) to read as follows: (1) Every vessel shall be equipped with such number and type of personal flotation devices as may be provided for by rules and regulations promulgated by the Board of Natural Resources. Section 3 . Said Act is further amended by striking subsection (e) of section 8 in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) Every mechanically-propelled vessel, except those less than 14 feet in length and 14 inches in depth which have no enclosed areas capable of entrapping flammable fumes, shall be equipped with such number, size and type of U. S. Coast Guard approved fire extinguishers, capable of promptly and effectually extinguishing burning gasoline as shall be specified by the Board of Natural Resources, which fire extinguishers shall be at all time kept in condition for immediate and effective use and shall be so placed as to be readily accessible. The Board of Natural Resources is hereby authorized to adopt and promulgate rules and regulations specifying the type and size of fire extinguishers to be used on each class of vessel. Fire extinguishers. Section 4 . Said Act is further amended by adding a new subsection to section 9 following subsection (b) to be designated (c) and to read as follows:

Page 1634

(c) No livery boat, except those having a length of 16 feet or less with a depth of 16 inches or less, shall be operated by any person unless there is on board a copy of the rental agreement authorizing such operation showing the vessel number, the period of time the boat is authorized for use by such operator and any other pertinent information that the Department may require. Section 5 . Said Act is further amended by deleting subsection (i) of section 6 in its entirety and substituting in lieu thereof the following: (i) Notice of transfer, theft or recovery, destruction or abandonment: The owner shall furnish the Department written notice of the transfer of all or of any part of his interest other than the creation of a security interest in a vessel numbered in this State pursuant to this section, the theft or recovery of said vessel, or the destruction or abandonment of such vessel within fifteen days thereof. Notice. Section 6 . Said Act is further amended by adding a new subsection to section 6 to be designated (1) and to read as follows: (1) A certificate of number once issued pursuant to this section shall be considered void upon the happening of any one of the following events: Voidance of number certificate. (1) the vessel is documented under the laws of the United States; or (2) the owner transfers all his interest in said vessel to another person or involuntarily loses his interest through legal process; or (3) the vessel is destroyed or abandoned; or (4) it is discovered by the Department that the application submitted by the owner contains false or fraudulent information; or (5) the fees for issuance are not paid by the applicant; or

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(6) the State of principal use is changed. A void certificate must be surrendered to the Department within fifteen days from the date that it becomes or is declared to be void. Section 7 . Said Act is further amended by adding a new subsection to section 6 to be designated (m) and to read as follows: (m) The number placed on the forward half of the vessel by the owner must be removed by the owner if: (1) the vessel is documented under the laws of the United States; or (2) the certificate or number becomes invalid because it is determined that a false or fraudulent statement was made in the application or the fees have not been paid; or (3) the vessel is no longer used in this State. Section 8 . Said Act is further amended by adding a new section following section 15, to be numbered section 15A, to read as follows: Section 15A. Rules of the Road for Boat Traffic . The Board of Natural Resources is hereby authorized to adopt and promulgate rules and regulations providing rules of the road for boat traffic. In adopting such regulations the Board shall consider and may follow when applicable the `Inland Rules of the Road', as stated in 33 U.S.C. 154, et seq., 232, 157a. 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 7, 1976.

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LAND CONVEYANCE TO UNITED STATES GOVERNMENT AUTHORIZED. No. 152 (House Resolution No. 673-1784). A Resolution. Authorizing the conveyance of certain real property located in Troup County, Georgia, to the United States government; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Troup County, Georgia, bordering on the Chattahoochee River, which is currently under the control and jurisdiction of the Department of Transportation; and Whereas, it is necessary for the United States to be the owner of such property in order for the United States Corps of Engineers to make certain improvements to protect the river bank; and Whereas, said real property is all of those tracts or parcels of land lying and being in the County of Troup and more particularly described as follows: TRACT NO. 2513 ALL that tract or parcel of land lying and being situate in the North 1/2 of Fractional Land Lot 318, Fifth Land District, Troup County, Georgia, bound by land now or formerly of the following parties: North by land of the City of West Point, Georgia, East by other land of the Department of Transportation, South by land of the City of West Point, Georgia, West by the ordinary high water line on the East bank of the Chattahoochee River, and being more particularly described as follows: BEGINNING at a point on the property line of the land of the City of West Point, Georgia, said point being corner number 2546-2 which has a coordinate value of 1,047,925.30 feet N and 189,050.20 feet E, the Southeast

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corner of the herein described tract; thence, with the land of the City of West Point, Georgia, N 73 57[UNK] 00[UNK] W 100.00 feet to the ordinary high water line on the East bank of the Chattahoochee River; thence, along the meanders of the ordinary high water line on the East bank of the Chattahoochee River N 17 04[UNK] 23[UNK] E 250.04 feet to a corner of the land of the City of West Point, Georgia; thence, leaving the ordinary high water line on the East bank of the Chattahoochee River with the land of the City of West Point, Georgia, S 73 57[UNK] 00[UNK] E 100.00 feet to corner number 2546-1, the Northeast corner of the herein described tract; thence, along a new line through the land of the Department of Transportation S 17 04[UNK] 23[UNK] W 250.04 feet to the point of beginning, and contining 0.60 acre, more or less. The bearings and coordinates shown in the above description are based on Georgia Plane Coordinate System, West Zone. The land as described is part of the land conveyed by the City of West Point, Georgia, to the Department of Transportation by deed dated 14 October 1974, and recorded in Deed Book 304, p. 338, of the records of the Superior Court Clerk, Troup County, Georgia. TRACT NO. 2528 ALL that tract or parcel of land lying and being situate in the South of Fractional Land Lot 58, Sixteenth Land District, Troup County, Georgia, bound by land now or formerly of the following parties: North by land of the City of West Point, Georgia, East by the ordinary high water line on the West bank of the Chattahoochee River, South by land of the City of West Point, Georgia, West by other land of the Department of Transportation, and being more particularly described as follows: BEGINNING at the Northeast corner of the land of Interstate Telephone Company and the Northwest corner of the land of the City of West Point, Georgia, said point being corner number 2582-3 on the survey line for the

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West Point Lake Downstream Floodway Project which has a coordinate value of 1,048,038.52 feet N and 188,466.47 feet E, the Southwest corner of the herein described tract; thence, along a new line through the land of the Department of Transportation N 1835[UNK] 58[UNK] E 31.01 feet to corner number 2582-4 on the property line of the land of the City of West Point, Georgia, the Northwest corner of the herein described tract; thence, with the land of the City of West Point, Georgia, S 71 35[UNK] 03[UNK] E 42.00 feet to the ordinary high water line on the West bank of the Chattahoochee River; thence, along the meanders of the ordinary high water line on the West bank of the Chattahoochee River S 22 54[UNK] 04[UNK] W 51.09 feet to a corner of the land of the City of West Point, Georgia; thence, leaving the ordinary high water line on the West bank of the Chattahoochee River with the land of the City of West Point, Georgia, N 43 59[UNK] 18[UNK] W 43.00 feet to the point of beginning, and containing 0.04 acre, more or less. The bearings and coordinates shown in the above description are based on Georgia Plane Coordinate System, West Zone. The land as described is part of the land conveyed by the City of West Point, Georgia, to the Department of Transportation by deed dated 14 October 1974, and recorded in Deed Book 304, p. 341, of the records of the Superior Court Clerk, Troup County, Georgia. TRACT NO. 2530 ALL that tract or parcel of land lying and being situate in the South 1/2 of Fractional Land Lot 58, Sixteenth Land District, Troup County, Georgia, bound by land now or formerly of the following parties: North by land of Interstate Building Company, East by the ordinary high water line on the West bank of the Chattahoochee River, South by land of the City of West Point, Georgia, West by other land of the Department of Transportation, and being more particularly described as follows:

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BEGINNING at a point on the property line of the land of Interstate Building Company, said point being corner number 2583 which has a coordinate value of 1,048,178.19 feet N and 188,513.47 feet E, the Northwest corner of the herein described tract; thence, with the land of Interstate Building Company S 88 43[UNK] 01[UNK] E 55.00 feet to the ordinary high water line on the West bank of the Chattahoochee River; thence, along the meanders of the ordinary high water line on the West bank of the Chattahoochee River S 23 15[UNK] 30[UNK] W 67.80 feet to a corner of the land of the City of West Point, Georgia; thence, leaving the ordinary high water line on the West bank of the Chattahoochee River with the land of the City of West Point, Georgia, N 71 35[UNK] 03[UNK] W 47.00 feet to corner number 2582-5, the Southwest corner of the herein described tract; thence, along a new line through the land of the Department of Transportation N 18 35[UNK] 58[UNK] E 51.36 feet to the point of beginning, and containing 0.07 acre, more or less. The bearings and coordinates shown in the above description are based on Georgia Plane Coordinate System, West Zone. The land as described is part of the land acquired from Interstate Telephone Company by the Department of Transportation by condemnation filed 21 February 1975 in the 1974 Issue Docket 125/622, of the records of the Superior Court Clerk, Troup County, Georgia.; and Whereas, the above described tracts of land are no longer needed by the State of Georgia and are therefore surplus. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, acting for and in behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tracts of property subject to the following conditions:

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(1) that said tracts of property shall be conveyed to the United States government; and (2) that the conveyance of said tracts of property shall be approved by the State Properties Commission; and (3) that the conveyance of said tracts of property shall be in consideration of the work performed by the United States Corps of Engineers in protection of the river bank of the Chattahoochee River; and (4) that the United States government shall grant to the State of Georgia a permanent right-of-way on such property within a period of three years. Approved April 7, 1976. PORTS AUTHORITY SECURITY GUARDSARREST POWERS PROVIDED, ETC. No. 1413 (House Bill No. 1541). An Act to amend an Act creating the Georgia Ports Authority, approved March 9, 1945 (Ga. L. 1945, p. 464), as amended, particularly by an Act approved April 4, 1963 (Ga. L. 1963, p. 342), so as to provide Ports Authority Security Guards with arrest powers on Ports Authority property; to provide applicability of State traffic laws to Ports Authority property; 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 Ports Authority, approved March 9, 1945 (Ga. L. 1945, p. 464), as amended, particularly by an Act approved April 4, 1963 (Ga. L. 1963, p. 342), is hereby amended by inserting a new subsection after subsection (21) of section 4, to be designated subsection (22) and to read as follows:

Page 1641

(22) to appoint and select employees designated as Security Guards who shall have a limited power to make arrests for certain offenses committed on any property under the jurisdiction of the Georgia Ports Authority. Arrests. Section 2 . Said Act is further amended by inserting a new section after section 4, to be designated section 4A and to read as follows: Section 4A. (a) (1) The motor vehicle traffic laws for the State of Georgia shall apply to all roads within the jurisdiction of the Georgia Ports Authority; provided, however, said Authority may determine and declare reasonable, safe and lawful speed limits on all roads within its jurisdiction. Traffic laws. (2) Those regular employees of the Georgia Ports Authority designated as Security Guards shall have the power to arrest for traffic offenses committed on any property under the jurisdiction of the Georgia Ports Authority. (3) Such arrest may be effected by issuance of a citation provided the offense is committed in the presence of the arresting Security Guard. (4) A citation issued by a Security Guard shall enumerate the specific charges against the offender and the date on which said offender is to appear and answer the charges. (5) If such offender fails to appear as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person commanding that he be brought before the court to answer the charges contained in the citation and the charge of his failure to appear as required. Said person shall be allowed to make a reasonable bond to appear on a given date before such court. (6) Said Security Guards shall be subject to the provisions of an Act approved April 6, 1972 (Ga. L. 1972, p. 1148), relating to uniform traffic citation and complaint forms.

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(b) Security Guards of the Georgia Ports Authority may arrest for violations of dock-related city ordinances where applicable. (c) All powers of arrest granted herein shall exist only on property under the jurisdiction of the Georgia Ports Authority or while in hot pursuit of one whom the Security Guard observed commit an aforesaid offense within the jurisdiction of said Authority. (d) All offenders apprehended for offenses committed within the jurisdiction of the Georgia Ports Authority shall be tried by the appropriate city, county, or State tribunal. (e) Regular employees of the Georgia Ports Authority designated as Security Guards shall not be subject to the requirements of an Act entitled the `Georgia Peace Officer Standards and Training Act', approved March 10, 1970 (Ga. L. 1970, p. 208), as amended, nor shall said guards be subject to the provisions of an Act entitled the `Georgia Private Detective and Private Security Agencies Act', approved March 12, 1973 (Ga. L. 1973, p. 40). 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 7, 1976. LAND CONVEYANCE TO WRIGHTSBORO QUAKER COMMUNITY FOUNDATION, INC., AUTHORIZED. No. 153 (House Resolution No. 677-1801). A Resolution. Authorizing the conveyance of certain State-owned real property located within McDuffie County to the Wrightsboro

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Quaker Community Foundation, Inc.; authorizing the sale and transfer of certain State-owned surplus personal property to the Wrightsboro Quaker Community Foundation, Inc.; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within McDuffie County, Georgia, and commonly known as the Old Rock House; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 1.0 acres, more or less, and is more particularly described as follows: That certain tract or parcel of land known as the Old Rock House property, with improvements thereon, located in the 134th District G.M. of McDuffie County, Georgia, and being the same land and improvements conveyed to the State of Georgia by the Wrightsboro Quaker Community Foundation, Inc., by indenture dated October 29, 1974, recorded in Deed Book 90, p. 309, McDuffie County Registry, and as more fully shown on plat of survey by Russell P. Howard, dated November 20, 1973, revised November 27, 1973, recorded in P.B.M. at p. 177.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of the Old Rock House, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the Wrightsboro Quaker Community Foundation, Inc., is desirous of obtaining all of said real property and certain of the personal property located thereon for park, recreation, and related purposes beneficial to the public.

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Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the Wrightsboro Quaker Community Foundation, Inc. for a consideration to be mutually agreed upon by the State Department of Natural Resources and the Wrightsboro Quaker Community Foundation, Inc.; and (2) that the conveyance of said real property shall be upon other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (3) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to the Wrightsboro Quaker Community Foundation, Inc., that certain personal property used in the operation and maintenance of the Old Rock House, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations: (1) that said personal property shall be sold and transferred to the Wrightsboro Quaker Community Foundation, Inc. for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances; (2) that said personal property shall be transferred to the Wrightsboro Quaker Community Foundation, Inc. subject to the conditions that (a) such property shall not be

Page 1645

resold by Wrightsboro Quaker Foundation, Inc., within one year after such transfer without the written consent of the State Department of Administrative Services, and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved April 7, 1976. CERTAIN ACTS IN PUBLIC TRANSIT BUSES, ETC., PROHIBITED. Code Chapter 26-99 Amended. No. 1414 (House Bill No. 1583). An Act to amend Code Chapter 26-99, relating to miscellaneous criminal prvisions, as amended, so as to prohibit certain acts in public transit buses, rapid rail cars and stations; 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 26-9910 a new Code section to be designated Code section 26-9911, to read follows: 26-9911. Certain Acts in Public Transit Buses, Rapid Rail Cars or Stations Prohibited . (a) A person who shall engage

Page 1646

in the following acts in a public transit bus, rapid rail car or station shall be guilty of a misdemeanor: (1) Spit; (2) Discard litter, except into receptacles designated for that purpose; (3) Play any radio; cassette, cartridge or tape player; or similar device, unless such device is connected to an earphone that limits the sound to the hearing of the individual user; (4) Carry or posses any explosives, acids, or other dangerous articles, or live animals, except for seeing-eye dogs, properly harnessed and accompanied by a blind person, and small animals properly packaged; (5) Obstruct, hinder, interfere with or otherwise disrupt or disturb the operation or operator of a public transit bus or rapid rail car; (6) Board any public transit bus through the rear exit door, unless so directed by an employee or agent of the carrier; (b) A person convicted of a first offense of violating subsection (a) shall be punished by a fine of not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00). Upon a second or subsequent conviction, a person shall be punished by a fine of not less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00) or by imprisonment for not more than ten (10) days or both. (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 authorities or agencies, and local ordinances prohibiting such activities which are more restrictive than this section.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. LAND CONVEYANCE TO TOWNS COUNTY AUTHORIZED, ETC. No. 156 (House Resolution No. 742-1901). A Resolution. Authorizing the conveyance of certain State-owned real property located within Towns County to Towns County; authorizing the sale and transfer of certain State-owned surplus personal property to Towns County; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Towns County, Georgia, and commonly known as the Chatuge State Park; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 14.80 acres, more or less, and is more particularly described as follows: That certain tract or parcel of land known as the Chatuge State Park property, located in Land Lot 50, 17th District, 1st Section, Towns County, Georgia, and being the same land conveyed to the State of Georgia by Mr. and Mrs. L. R. Lawler, by deed dated September 10, 1956, recorded in Deed Book B-1, p. 400, as corrected for descriptive purposes in a further deed from the same parties to the State of Georgia dated August 26, 1957, recorded in Deed Book C-1, p. 402, containing 14.8 acres, more or less, all as more fully shown on plat of survey by John F. Greear, dated February 28, 1957 and July 10, 1957.

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Also, those certain easements for road purposes, identified as follows: 1. Wiley Cloer to State of Georgia, dated January, 1957. 2. L. M. Brown to State of Georgia, dated January, 1957. 3. Charlie Cloer to State of Georgia, dated March, 1957.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of Chatuge State Park, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the County of Towns is desirous of obtaining all of said real property and certain of the personal property located thereon for parks, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the County of Towns for a consideration to be agreed upon mutually by the State Department of Natural Resources and the County of Towns; and (2) that the conveyance of said real property shall be

Page 1649

upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (3) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to the County of Towns, that certain personal property used in the operation and maintenance of Chatuge State Park, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations: (1) that said personal property shall be sold and transferred to the County of Towns for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances; (2) that said personal property shall be transferred to the County of Towns subject to the conditions that (a) such property shall not be resold by the County of Towns within one year after such transfer without the written consent of the State Department of Administrative Services, and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved April 7, 1976.

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CERTAIN STATE BOARDS, ETC.PURCHASE OF FOREIGN BEEF PROHIBITED. No. 1415 (House Bill No. 1613). An Act to provide that it shall be unlawful for the State, any branch, department, agency, board or commission of the State, any county, municipality, board of education, or other political subdivision, or any officer, agent or employee of any of the foregoing to purchase or authorize the purchase of beef under certain conditions; to provide for exceptions; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia; Section 1 . It shall be unlawful for the State, any branch, department, agency, board or commission of the State, any county, municipality, board of education, or other political subdivision, or any officer, agent or employee of any of the foregoing to purchase or authorize the purchase of any beef, other than beef raised and produced within the United States, when such purchase is to be made with governmental funds. The provisions of this Act shall not apply to canned meat which is not available from a source within the United States and which is not processed in the United States. Section 2 . Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976.

Page 1651

LAND CONVEYANCE TO IRWIN COUNTY AUTHORIZED, ETC. No. 158 (House Resolution No. 744-1919). A Resolution. Authorizing the conveyance of certain State-owned real property located within Irwin County to Irwin County; authorizing the sale and transfer of certain State-owned surplus personal property to Irwin County; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Irwin County, Georgia, and commonly known as Jefferson Davis State Park; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 12.668 acres, more or less, and is more particularly described as follows: That certain tract or parcel of land known as the Jefferson Davis Park property, located in Land Lot 51 in the Third District of Irwin County, Georgia, and being the same land described in the following deeds of conveyance: (1) J. B. Clements to the Governor of Georgia by indenture dated July, 1920, recorded in Deed Book SS, p. 283, and containing 4.0 acres. (2) Mutual Benefit Life Insurance Company to the Governor of Georgia by indenture dated July 3, 1933, recorded in Deed Book 7, p. 409, and containing 4.0 acres. (3) United States of America to the State of Georgia by deed dated March 8, 1938, recorded in Deed Book 11, p. 243, and containing 3.66 acres. (4) Jack Eli Vickers and Doris R. Vickers to the State Park Authority of Georgia by indenture dated April 15,

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1952, recorded in Deed Book 25, p. 500, and containing 1.008 acres. The said four tracts of land contain, in all, 12.668 acres, more or less, and all of above listed deeds are filed in the Irwin County Registry.; and Whereas, the State of Georgia is the owner of certain personal property used in the operation and maintenance of Jefferson Davis State Park, and located on the above-described real property; and Whereas, all of the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the County of Irwin is desirous of obtaining all of said real property and certain of the personal property located thereon for park, recreation, and related purposes beneficial to the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the County of Irwin for a consideration to be mutually agreed upon by the State Department of Natural Resources and the County of Irwin; and (2) that said real property shall be conveyed to the County of Irwin for park purposes and shall be held in fee by the County of Irwin so long as said real property is used as a public park; and (3) that the conveyance of said real property shall

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be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources; and (4) that the conveyance of real property shall be approved by the State Properties Commission. Be it further resolved that the State Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to County of Irwin, that certain personal property used in the operation and maintenance of Jefferson Davis State Park, located on the hereinabove described real property, and declared as surplus by the State Department of Natural Resources, subject to the following stipulations: (1) that said personal property shall be sold and transferred to the County of Irwin for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia, and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances; (2) that said personal property shall be transferred to the County of Irwin subject to the conditions that (a) such property shall not be resold by the County of Irwin within one year after such transfer without the written consent of the State Department of Administrative Services, and (b) the State Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property shall be upon such other terms and conditions as shall be prescribed by the State Department of Natural Resources. Approved April 7, 1976.

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PROFESSIONAL SOIL CLASSIFYING PROVIDED. No. 1416 (House Bill No. 1620). An Act to provide for the regulation of professional soil classifying; to provide for definitions; to provide for a State Board of Registration for Professional Soil Classifiers, and its members, powers, duties and authority; to provide for an advisory council and its members, powers, duties and authority; to provide for the payment of compensation and expenses; to provide for terms of office; to provide for qualifications; to provide for officers and employees; to provide for the filling of vacancies; to provide for meetings and special meetings; to provide for rules and regulations; to provide for administration; to provide for hearings; to provide for a code of ethics; to provide for the registration of professional soil classifiers and soil-classifiers-in-training; to provide for requirements; to provide for examinations; to provide for fees; to provide for certificates; to provide for exceptions; to provide that certain acts or representations shall be unlawful; to provide for penalties; to provide the suspension, refusal or revocation of certificates of registration; to provide for reprimands; to provide for notices and hearings; to provide that the Attorney General shall act as legal advisor to the board; 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 . Unless the context or subject matter otherwise requires: (a) Soil classifier means a professional soil classifier as defined in subsection (b) of this section. Definitions. (b) Professional soil classifier means a person who by reason of his special knowledge of the physical, chemical and biological sciences applicable to soils as natural bodies and of the methods and principles of soil classification as acquired

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by soils education and soil classifying experience in the formation, morphology, description and mapping of soils, is qualified to practice soil classifying and who has been duly registered by the State Board of Registration for Professional Soil Classifiers. (c) Soil-classifier-in-training means a person who complies with the requirements for education and character and who has passed an examination in the fundamental soil and related subjects as provided in sections 10, 11, 12, and 13 of this Act. (d) Soil means all of the groups of natural bodies occupying the unconsolidated portion of the earth's surface capable of supporting plant life and having properties due to the combined effect of climate and living organisms, as modified by topography and time, upon parent materials. (e) Kind of soil means a group of natural bodies that has a discrete combination of landscape, morphological, chemical and physical properties. (f) Soil classification means plotting the boundaries and describing and evaluating the kinds of soil as to their behavior and response to management under the various uses. (g) Practice of soil classifying and practice of professional soil classifying means any service or work the adequate performance of which requires education in the physical, chemical, biological and soil sciences, training and experience in the application of the special knowledge of these sciences to soil classification, the soil classification by accepted principles and methods, investigation, evaluation and consultation on the effect of measured, observed and inferred soil properties upon the various uses, the preparation of soil descriptions, maps and reports and interpretive drawings, maps and reports of soil properties and the effect of soil properties upon the various uses, and the effect of the various uses upon kinds of soil, any of which embraces such service or work either public or private incidental to the practice of soil classifying. A person shall be construed to

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practice or offer to practice soil classifying within the meaning and intent of this Act if he, by verbal claim, sign, advertisement, letterhead, card or use of some other title, represents himself to be a soil classifier, but soil classifying shall not mean or include the practice of soil classifying by persons exempt under the provisions of section 24 of this Act nor the work ordinarily performed by persons who sample and test soil for fertility status or construction materials and engineering surveys and soundings to determine soil properties influencing the design and construction of engineering and architectural projects. Nothwithstanding the foregoing provisions, a person shall not be construed to practice soil classifying unless he offers soil classifying services to, or performs such soil classifying for, the public. (h) Board means the State Board of Registration for Professional Soil Classifiers. (i) Responsible charge means direct control and personal supervision of soil classification. Section 2 . The Georgia Soil and Water Conservation Committee shall serve as and be the State Board of Registration for Professional Soil Classifiers, and it shall be the duty of such board to administer the provisions of this Act. The board shall appoint an advisory council of five (5) members, four of whom shall be qualified professional soil classifiers who shall have the qualifications required in section 3 of this Act. It shall be the duty of such council to recommend certification of those persons eligible to become registered soil classifiers. The fifth member of the advisory council shall be the executive secretary of the board. The other four members of the advisory council shall be appointed for terms of office of five years and until their respective successors have been appointed and qualified, provided that one of the initial members shall be appointed for an initial term of office ending on June 30, 1977, one shall be appointed for an initial term of office ending on June 30, 1978, one shall be appointed for an initial term of office ending on June 30, 1979, and one shall be appointed for an initial term of office ending on June 30, 1980. Board.

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Section 3 . Four members of the advisory council shall be professional soil classifiers who have been actively engaged in the practice of professional soil classifying for a period of at least ten years and who shall have been in responsible charge of soil classification for at least six years. The fifth member of the advisory council shall be the Executive Secretary of the Georgia Soil and Water Conservation Committee, who shall serve as an ex officio member of the advisory council with the same rights, powers and duties as the other members of the council. Members. Section 4 . Each member of the advisory council shall receive twenty-five dollars for each day actually engaged in the services of the board and shall be reimbursed for the actual traveling, incidental and clerical expenses necessarily incurred in carrying out the provisions of this Act. Such compensation and expenses shall be paid from funds appropriated or otherwise available for the operation of the board. Compensation. Section 5 . Vacancies in the membership of the advisory council shall be filled by appointment by the board as provided in section 2, and the person appointed to fill such vacancy shall serve for the unexpired term. Vacancies. Section 6 . The advisory council shall hold at least two regular meetings per year. Special meetings may be held as provided by the bylaws of the council, but not more than four such special meetings shall be held in any calendar year. The council shall elect, annually, a chairman and a vice-chairman. The Executive Secretary of the Georgia Soil and Water Conservation Committee shall serve as secretary-treasurer of the council. Three members of the council shall constitute a quorum. Meetings. Section 7 . The board shall have the following powers: (a) To adopt and amend all bylaws, rules and regulations necessary or convenient to administer and carry out the provisions of this Act and for the conduct of its affairs and functions consistent with the Constitution and laws of this State which may be reasonably necessary for the performance of its duties and the regulation of its proceedings,

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meetings, records, examinations and the conduct thereof, and to adopt and promulgate a code of ethics which shall be binding upon all persons registered under or subject to this Act. Powers. (b) To affix its official seal to each numbered certificate issued. (c) To hold hearings, administer oaths, take and record testimony, to make findings, orders and determinations which shall be subject to review by the courts of this State in the manner provided by law from decisions of other boards and commissions. Upon the failure or refusal of any person to comply with any such order of the board, the board may apply to a court of any jurisdiction to enforce compliance with such orders. (d) To apply, in the name of the State, for relief by injunction, without bond, to enforce the provisions of this Act or to restrain any violation thereof. In such proceedings it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof. Section 8 . All funds derived under the provisions of this Act, shall be paid into the general fund of the State treasury. Funds. Section 9 . The board shall keep a record of its proceedings and of all applications for registration, which record shall show the name, age and last known address of each applicant, the place of business of such applicant, his education, experience and other qualifications, type of examination required, whether or not a certificate of registration was granted, whether or not the applicant was rejected, the date of the action of the board, and such other information as may be deemed necessary by the board. Such record of the board, or a copy thereof, duly certified by the Secretary, under seal, shall be admissible as evidence with the same force and effect as if the original were produced. Records.

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Section 10 . To be eligible for registration as a professional soil classifier or for certification as a soil-classifier-in-training, an applicant must be of good character and reputation and shall submit a written application to the board containing such information as the board may require, together with five references, three of which shall be professional soil classifiers having personal knowledge of his soil classifying experience; or in the case of an application for certification as a soil-classifier-in-training, by three character references. Eligibility. Section 11 . An applicant otherwise qualified shall be admitted to registration as a professional soil classifier without examination within one year following July 1, 1976, if he is: Qualifications. (a) A person of good character who has been a resident of this State for at least one year immediately preceding the date of his application and was a practicing soil classifier on July 1, 1976, meets the requirements of this Act, and has performed work of a character satisfactory to the board; or, (b) A person holding a certificate of registration in the practice of soil classifying on the basis of comparable qualifications issued to him by a proper authority of another state, possession or territory of the United States and who in the opinion of the board meets the requirements of this Act. Section 12 . An applicant otherwise qualified shall be admitted to registration as a professional soil classifier if he has successfully passed an examination in the principles and practice of soil classifying as prescribed by the board and has one of the following additional qualifications: Examinations. (a) Is a graduate of a soils curriculum with a bachelor of science degree from a land grant college or university or has an equivalent degree based on a course of study equal to a land grant college or university curriculum for a bachelor of science degree with a major in soils, if the degree is awarded by another college or university. Such person, while holding a valid soil-classifier-in-training certificate, must

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also have had an additional two years or more of experience of a grade and character which indicates to the board that the applicant is competent to practice soil classifying; or (b) Is a person who has earned a bachelor's degree or equivalent in one of the natural sciences and who has had eight years or more of experience in soil classifying work of a character and grade which indicates to the board that the applicant is competent to practice soil classifying; or (c) Is a person who holds a valid soil-classifier-in-training certificate with a specific record of four years or more of experience in soil classifying work of a character and grade which indicates to the board that the applicant is competent to practice soil classifying; or (d) Is a person with experience of not less than four years of soil classification research or as a teacher of soils in a college or university offering an approved soils curriculum of four years or more, and a minimum of two years of soil classifying experience of a character and grade which indicates to the board that the applicant is competent to practice soil classifying. Section 13 . Unless otherwise qualified, a person shall be admitted to certification as a soil-classifier-in-training, which certification shall be valid for four years if he is a person who is: Soil-classifier-in-training. (a) A graduate of a soils curriculum with a bachelor of science degree from a land grant college or university, or has an equivalent degree based on a course of study equal to a land grant college or university curriculum for a bachelor of science degree, with a major in soils, if the degree is awarded by another college or university, and such person has passed an examination in the fundamentals of soil classification; or (b) An applicant who has earned a bachelor's degree or its equivalent in one of the natural sciences, and who has a specific record of four years of soil classification experience of a grade and character satisfactory to the board, and

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who passes an examination in the fundamentals of soil classification. Section 14 . Application for registration as a professional soil classifier and for certification as a soil-classifier-in-training shall be on a form prescribed and furnished by the board, shall contain statements made under oath showing the applicant's education, a detailed summary of his experience, and references as required by this Act and shall be accompanied by an application fee of twenty-five dollars. Application. Section 15 . (a) The registration fee for professional soil classifiers shall be twenty-five dollars per annum; Fee. (b) The registration fee for soil-classifier-in-training certification or enrollment shall be twenty-five dollars per annum; (c) Should the board deny the issuance of a certificate to an applicant, any fee paid shall be retained as an application fee. Section 16 . Examinations shall be held at such times and places as the board shall determine. Examinations required on fundamental soil subjects may be taken at any time prescribed by the board. The final examinations may not be taken until the applicant has completed a period of soil classifying experience as provided in this Act. The passing grade on any examination shall not be less than seventy percent. A candidate failing one examination may apply for reexamination, which may be granted upon payment of a fee of twenty-five dollars. Any candidate for registration having an average grade of less than fifty percent may not apply for reexamination for a period of one year from the date of such examination. Examination. Section 17 . The board shall issue a certificate of registration upon payment of the registration fee as provided for in this Act to any applicant who, in the opinion of the board, has met the requirements of this Act. Enrollment cards shall be issued to those who qualify as soil-classifiers-in-training. Certificates of registration shall carry the designation professional

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soil classifier, shall show the full name of the registrant, without any titles, shall be numbered and shall be signed by the chairman and the secretary under the 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 rights and privileges of a professional soil classifier during the term for which the certificate is valid, provided that it has not been revoked or suspended. Certificate. Section 18 . Certificates of registration shall expire on the last day of December following their issuance and shall become invalid after that date unless renewed. It shall be the duty of the secretary of the board to notify every person registered under this Act of the date of the expiration of the certificate of registration and the amount of the fee required for its renewal. Such notice shall be mailed to the registrant at his last known address at least one month in advance of the expiration of such certificate. Renewal may be effected at any time prior to or during the month of December by the payment of a fee of twenty-five dollars. Renewal of an expired certificate may be effected under rules promulgated by the board regarding requirements for reexamination and penalty fees. Section 19 . A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the board. A reasonable charge shall be made for such issuance. Section 20 . The board shall promulgate and adopt a code of ethics, a copy of which shall be delivered to every registrant and applicant for registration under this Act. Such delivery shall constitute due notice to all registrants. The board may revise and amend the code of ethics from time to time and shall forthwith notify each registrant, in writing, of such revisions and amendments. Such code of ethics when adopted shall apply to all certificate holders. Code of ethics. Section 21 . The board shall have the power to suspend, refuse to renew or revoke the certificate of registration of, or reprimand, any registrant who is guilty of the practice of

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fraud or deceit in obtaining a certificate of registration, any gross negligence, incompetence or misconduct in the practice of soil classifying, any felony or crime involving moral turpitude, or violation of the code of ethics promulgated and adopted by the board. Revocation, etc. Section 22 . Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct of violation of the code of ethics against any individual 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 secretary of the board. All charges unless dismissed by the board as unfounded or trivial shall be heard by the board within three months after the date on which they shall have been preferred. The time and place for such hearing shall be fixed by the board and a copy of the charges, together with a notice of the time and place of hearing, shall be served upon the accused either personally or sent by registered or certified mail to the last known address of such individual registrant at least thirty days before the date fixed for the hearing. At any hearing the accused registrant shall have the right to appear in person or by counsel, or both, to cross-examine witnesses appearing against the accused, and to produce evidence and witnesses in defense of the accused. If the accused person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges. If after such hearing a majority of the board votes in favor of sustaining the charges, the board shall make findings of fact, draw its conclusions and issue its order therein and serve the same upon the accused. In such order the board may reprimand, suspend, refuse to renew, or revoke the accused individual's certificate of registration. Any person who feels aggrieved by any action of the board in denying, suspending, refusing to renew, or revoking his certificate of registration may appeal therefrom to the superior court within thirty days after receipt of the order of the board. The hearing by the court shall be a de novo hearing. Charges. Section 23 . No resident or nonresident shall practice or offer to practice professional soil classifying as defined by

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this Act unless such person is duly registered to practice under the provisions of this Act. Section 24 . This Act shall not be construed to prevent or affect: (a) The work of an employee or subordinate of a person holding a certificate of registration under this Act or an employee of a person practicing lawfully under subsection (a) of this section, provided such work does not include final soil classifying decisions and is done under the direct supervision of and verified by a person holding a certificate of registration under this Act or a person practicing lawfully under subsection (a) of this section. Exemptions. (b) The practice of any other legally recognized profession or trade. (c) The practice of soil classifying by any person regularly employed by the State or United States government or who is regularly employed to perform soil classifying services solely for his employer, providing the soil classifying performed is in connection with the property, products or services of his employer. Section 25 . Any person who shall practice or offer to practice professional soil classifying in this State without being registered in accordance with the provisions of this Act, or any person, firm, partnership, organization, association, corporation or other entity using or employing the words soil classifier or professional soil classifier or any modification or derivative thereof in its name or form of business or activity except as authorized in this Act, or any person presenting or attempting to use the certificate of registration 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 or attempting to obtain 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 or nonexistent certificate of registration, or who shall practice or offer to practice when not qualified, or any person who falsely claims that he is registered under this Act, or any person, partnership, corporation or other entity who shall

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violate any of the provisions of this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than three months, or both. Each violation shall constitute a separate offense. It shall be the duty of all duly constituted officers of this State and all political subdivisions thereof to enforce the provisions of this Act and to prosecute any persons violating the provisions of this Act. Penalty. Section 26 . The Attorney General shall act as legal advisor to the board and render such legal assistance as may be necessary in carrying out the provisions of this Act. Legal advisor. Section 27 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. CONVEYANCE OF POSSIBILITY OF REVERTER TO STATE CHAPTER OF UNITED DAUGHTERS OF THE CONFEDERACY AUTHORIZED. No. 159 (House Resolution No. 745-1919). A Resolution. Authorizing the conveyance of a possibility of reverter in the State of Georgia in certain real property located in Irwin County to the State Chapter of the United Daughters of the Confederacy; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Irwin County, Georgia, and commonly known as Jefferson Davis State Park; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 12.668 acres, more or less, and is more particularly described as follows:

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That certain tract or parcel of land known as the Jefferson Davis Park property, located in Land Lot 51 in the Third District of Irwin County, Georgia, and being composed of the same land described in the following deeds of conveyance: (1) J. B. Clements to the Governor of Georgia by indenture date July, 1920, recorded in Deed Book SS, p. 283, and containing 4.0 acres; (2) Mutual Benefit Life Insurance Company to the Governor of Georgia by indenture dated July 3, 1933, recorded in Deed Book 7, p. 409, and containing 4.0 acres; (3) United States of America to the State of Georgia by deed dated March 8, 1938, recorded in Deed Book 11, p. 243, and containing 3.66 acres; (4) Jack Eli Vickers and Doris R. Vickers to the State Park Authority of Georgia by indenture dated April 15, 1952, recorded in Deed Book 25, p. 500, and containing 1.008 acres; said four tracts of land containing in all, 12.668 acres, more or less, and all of the above listed deeds being filed in the Irwin County Registry; and Whereas, there is now before the General Assembly of Georgia a resolution to authorize the conveyance of the hereinabove described real property to the County of Irwin by the State Properties Commission for park, recreation and related purposes beneficial to the public; and Whereas, the State Chapter of the United Daughters of the Confederacy have long been concerned with the Jefferson Davis Park and have expended great effort to contribute to its continued existence as a park for the enjoyment of the citizens of Georgia and particularly as a monument to the memory of Jefferson Davis. Now, therefore, be it resolved by the General Assembly of Georgia that:

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(1) if the said resolution to authorize the conveyance of said real property to the County of Irwin shall be adopted by the General Assembly; and (2) if the said resolution, as adopted, shall provide that said real property shall be held by the County of Irwin in fee for so long as said real property is used for park, recreation and related purposes beneficial to the public; and (3) if the County of Irwin shall accept the conveyance of said real property subject to the terms and conditions set forth in said resolution, as adopted, including but not necessarily limited to that condition as set forth in paragraph 2 hereinabove, and upon such further terms and conditions as the State Department of Natural Resources shall stipulate; and (4) if the State Properties Commission shall then approve said conveyance; then and in that event, the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized, upon the happening of all the foregoing enumerated events, to convey to the State Chapter of the United Daughters of the Confederacy, by appropriate instrument, the possibility of reverter in the State of Georgia in the hereinabove described real property, said possibility of reverter to be created by the instrument conveying said real property to the County of Irwin; provided, however, that said conveyance shall be further subject to the following conditions: (1) that the instrument conveying said possibility of reverter to the State Chapter of the United Daughters of the Confederacy shall stipulate that in the event that the State Chapter of the United Daughters of the Confederacy shall become possessed of the said real property by virtue of said instrument, the said real property shall continue to be used for park, recreational and related purposes beneficial to the public;

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(2) that the said instrument conveying said possibility of reverter to the State Chapter of the United Daughters of the Confederacy shall contain covenants binding upon the State Chapter of the United Daughters of the Confederacy, its successors and assigns and obligating the State Chapter of the United Daughters of the Confederacy, its successors and assigns to use the said real property for park, recreation and related purposes beneficial to the public; (3) that conveyance of said possibility of reverter shall be for a consideration to be mutually agreed upon by the State Department of Natural Resources and the State Chapter of the United Daughters of the Confederacy; (4) that the conveyance of said possibility of reverter shall be upon such other terms and conditions as the State Department of Natural Resources shall prescribe; and (5) that the conveyance of said possibility of reverter shall be approved by the State Properties Commission. Approved April 7, 1976. DRIVERS' LICENSESTIME OF REVOCATION, ETC., PROVIDED. Code 68B-313 Amended. No. 1417 (House Bill No. 1624). An Act to amend Code section 68B-313, related to the surrender and return of the license, so as to provide that the revocations and suspensions provided for in said Title shall commence on the day that the individual receives actual knowledge or legal notice thereof; to provide that the period of revocation or suspension will not begin until the license is surrendered to and received by the Department or a court of competent jurisdiction; to make provisions

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for those instances where the license cannot be surrendered; 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 68B-313, relating to the surrender and return of the license, is hereby amended by adding at the end thereof a new subsection (d) to read as follows: (d) All revocations and suspensions provided for in this Title shall be effective on the day the driver receives actual knowledge or legal notice thereof, whichever occurs first. For the purpose of making any determination under this Act relating to the return of revoked or suspended license to drivers, no period of revocation or suspension under this Title shall begin until the license is surrendered to the Department or a court of competent jurisdiction under any provision of this Title, whichever date shall first occur. If the license is lost, or for any other reason surrender to the Department is impossible, the period of revocation or suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the Department. Code 68B-313 amended. (e) When the revocation period expires, the department shall return the license to drivers, within 30 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 April 7, 1976.

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DRIVERS' LICENSESCRIMINAL CONVICTIONS, ETC.TIME PERIODS PROVIDED FOR LICENSES SUSPENSION. Code 68B-312 Amended. No. 1418 (House Bill No. 1627). An Act to amend Code section 68B-312, relating to the periods of suspension for drivers' licenses, so as to provide for periods for which a person's driver's license shall be suspended upon conviction of certain crimes, accumulation of certain points or failure to submit to a chemical test; to provide for reinstatement of suspended licenses; to make certain provisions concerning accepted pleas of nolo contendere to a charge of driving under the influence of alcohol or drugs; to provide for the computation of periods of suspension; to provide conditions of reinstatement prior to a full period of suspension; 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 68B-312, relating to the periods of suspension for drivers' licenses, is hereby amended by striking said Code section in its entirety and by inserting in lieu thereof a new Code section 68B-312, to read as follows: 68B-312. Periods of Suspension . (a) Any person who is convicted of an offense listed in section 68B-305 of this Title or has such points assessed against him as to require the suspension of his license pursuant to section 68B-307 shall have his license suspended as follows: 1. Upon a first conviction of any such offense or assessment of the requisite points, 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; and further provided that for the purposes of this paragraph 1, an accepted plea of nolo

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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 or assessment of the requisite points within 10 years, 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 or accepted within 5 years of a previous conviction, 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 assessment of requisite points or third conviction of any such offense within 10 years, 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. (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. (d) 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

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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 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 the person shall forthwith surrender his license to the Department. The license shall 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. 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 7, 1976. LEASE OF LAND TO BULLOCH COUNTY AUTHORIZED. No. 160 (House Resolution No. 746-1919). A Resolution. Authorizing the Governor to lease certain State-owned property located in Bulloch County; and for other purposes. Whereas, the State of Georgia is currently the owner of a tract of land located in Bulloch County, Georgia, which is currently under the control and jurisdiction of

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the Commissioner of Agriculture and the Georgia Department of Agriculture; and Whereas, said tract of land is more particularly described as follows: All that tract or parcel of land lying and being in the 1209th G.M. District of Bulloch County, Georgia, more particularly described as follows: BEGINNING at a wire fence on the southwest side of U. S. Highway No. 80 at the northwest line of the B. H. Ramsey, Sr. property; thence south 64 degrees west along said fence and B. H. Ramsey, Sr. line a distance of 400 feet to an iron pin; thence north 32 degree 45 minutes west along the line of property of J. Roy Kelley, W. C. Hodges, Hubert Smith and Clarence Brack a distance of 200 feet to an iron pin; thence north 64 degrees east and continuing along the line of said Kelley, Hodges, Smith and Brack property a distance of 400 feet to an iron pin on the southwest side of U. S. Highway No. 80; thence south 32 degrees 45 minutes east along the southwest side of said highway a distance of 200 feet to the point of beginning. Whereas, the above described real property is no longer needed by the Department of Agriculture or the State of Georgia and is, therefore, surplus; and Whereas, the Bulloch 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 lease the hereinabove described tract or parcel of land subject to the following: (1) that said tract or parcel of land shall be leased to the Bulloch County Board of Education;

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(2) that the lease of said tract or parcel of land shall be approved by the State Properties Commission, or its successor; and (3) that the consideration and conditions shall be mutually agreed upon by the State Properties Commission, or its successor, and the Bulloch County Board of Education. Approved April 7, 1976. GAME AND FISHTAXIDERMIST LICENSE PROVIDED. No. 1419 (House Bill No. 1668). 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 29, 1968 (Ga. L. 1968, p. 497), and by an Act approved April 3, 1973 (Ga. L. 1973, p. 274), so as to provide for a taxidermist license; to provide for the inspection of the premises and records of licensed taxidermists; to provide for license 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 . 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 29, 1968 (Ga. L. 1968, p. 497), and by an Act approved April 3, 1973 (Ga. L. 1973, p. 274), is hereby amended by adding immediately following section 31C a new section to be designated section 31D to read as follows: Section 31D. Taxidermist license . No person shall engage

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in the business of taxidermy or provide taxidermy services to anyone other than himself unless he has first been issued a taxidermist license by the Department of Natural Resources as provided in section 30 (a) (VII) (15) of this Act. A taxidermist permit shall be issued only after submission of an application in such form and containing such information and conditions as may be prescribed by the Board of Natural Resources. All taxidermists licensed under this section shall make their premises and records available for inspection by authorized agents of the Department during regular business hours. Refusal to allow said inspection shall be grounds for termination of the taxidermist license. Section 2 . Said Act is further amended by adding a new item at the end of paragraph (VII) of subsection (a) of section 30 to be designated item (15) and to read as follows: (15) Taxidermist LicenseAnnual$10.00. Fee. Section 3 . This Act shall become effective July 1, 1976. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. CONVEYANCE OF LAND TO ROSS CHAPEL CHURCH AUTHORIZED. No. 162 (House Resolution No. 809-2037). A Resolution. Authorizing the conveyance of certain State property owned by the Board of Regents of the University System of Georgia; and for other purposes. Whereas, the Board of Regents of the University System of Georgia is the owner of certain State property in

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Oconee County described as follows: Two tracts of land adjoining the present Ross Chapel Church property facing on Snows Mill Road, Oconee County, Georgia, as follows: Tract 1 is a triangle on the East side of Ross Chapel Church property 130[UNK], more or less, along Snows Mill Road thence North approximately 85[UNK] to the present corner of the Ross Chapel Church property, thence 160[UNK] South 37 59[UNK] West along the present Ross Chapel Church property line. Tract 2 adjoins the present Ross Chapel Church property on the West and consists of a tract starting at the Southwest corner of the present Ross Chapel Church property thence along the present Ross Chapel Church property line North 22 40[UNK] West for a distance of 169.6[UNK] to the present Northwest corner of the present Ross Chapel Church property. Thence Westerly approximately 420[UNK] to a new corner, thence Southwesterly approximately 170[UNK] to Snows Mill Road, thence along the North right-of-way line of Snows Mill Road a distance of approximately 416[UNK] back to the starting point. Whereas, said property is surplus to the needs of the Board of Regents of the University of Georgia and is no longer needed for State purposes; and Whereas, if this property is conveyed to the Ross Chapel Church, which adjoins said property, tangible and intangible benefits will accrue to the State as consideration. Now, therefore, be it resolved by the General Assembly of Georgia that the Board of Regents of the University System of Georgia, acting for and on behalf of the State, is hereby authorized to convey the above described property subject to the following conditions: (1) that said property shall be conveyed to the Ross Chapel Church; and

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(2) that the conveyance of said property shall be for such consideration as determined by the Board of Regents which may include any tangible and intangible benefits to the State accruing from such transfer; and (3) that the conveyance of said property shall be upon such terms and conditions as may be mutually agreed upon by the Board of Regents and Ross Chapel Church. Approved April 7, 1976. CIVIL PRACTICE ACT AMENDEDTIME FOR DIVORCE TRIALS CHANGED. No. 1420 (House Bill No. 1674). An Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain posttrial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, so as to change the provisions relative to time of trial of divorce cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain posttrial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, is hereby amended by adding at the end of subsection (a) of section 40, after the word filed, the following: ; provided, further, that in divorce cases involving service by publication, publication shall occur on the date of the first publication of notice following the order for service of publication pursuant to the provisions of section 4 (e) (1) (iii), and such divorce cases shall be triable any time after 60 days have elapsed since the date of such first publication of notice,

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so that when so amended, subsection (a) shall read as follows: (a) Time of Trial . All civil cases, including divorce and other domestic relations cases, shall be triable anytime after the last day upon which defensive pleadings were required to be filed therein; provided however, the Court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date that such defensive pleadings were required to be filed; provided, further, that in divorce cases involving service by publication, service shall occur on the date of the first publication of notice following the order for service of publication pursuant to the provisions of section 4 (e) (1) (iii), and such divorce cases shall be triable any time after 60 days have elapsed since the date of such first publication of notice. 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 7, 1976. FULL EMPLOYMENT IN GEORGIA STUDY COMMITTEE CREATED. No. 163 (House Resolution 813-2048). A Resolution. Creating the Full Employment in Georgia Study Committee; and for other purposes. Whereas, all of the citizens of Georgia shall be afforded the opportunity to become productive members of society; and

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Whereas, all possible methods of affording each citizen with employment should be carefully examined; and Whereas, it is the desire of the members of this body to seek all possible methods to provide full employment opportunities in both the public and private sectors of Georgia's economy; and Whereas, the Office of Planning and Budget's Economic Task Force is vitally concerned with the unemployment problem in Georgia; and Whereas, the General Assembly is seeking ways and means to stimulate economic growth and development; and Whereas, full employment attainment will reduce the demands on public funds for welfare and unemployment compensation; and Whereas, the United States Congress is currently placing great emphasis on the full employment issue. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Full Employment in Georgia Study Committee. The committee shall be composed of three members of the House to be appointed by the Speaker of the House of Representatives, three members of the Senate to be appointed by the President of the Senate, four members who are representatives of private industry to be appointed by the Governor, the Commissioner of the Department of Community Development or his designee, the Commissioner of the Department of Labor or his designee, the Commissioner of the Department of Human Resources or his designee, the State School Superintendent or his designee, and four members who have particular expertise in labor economics or productivity to be appointed by the Board of Regents of the University System of Georgia. The committee shall make a thorough study of methods through which full employment in Georgia may be achieved. The committee shall be authorized to meet at

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such places and times as may be necessary or convenient to carry out the purposes and provisions of this resolution. The Lieutenant Governor shall serve as chairman of the committee, and the committee shall meet upon the call of the chairman. The committee is hereby authorized to consult with such experts as may be necessary to carry out the duties and functions of the committee. Members shall receive the sum of $36.00 per diem for room and board which shall be paid only for days on which a member is in attendance at a meeting of the body. Such members shall be reimbursed for actual transportation costs incurred in attendance at a meeting of the body in the amount of the least expensive tariff when traveled by public carrier or an amount based on the mileage rate that is established by law for members of the General Assembly when traveled by private vehicle. Any reimbursement for expenses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this section. Provided, however, if a meeting is held within fifty miles of the member's residence or if the member does not incur a cost of public lodging for the meeting, the per diem authorized by this section shall be $10.00, but shall receive the same for not more than 15 days unless additional days are authorized by the Speaker of the House of Representatives and the President of the Senate. The remaining members shall receive no additional compensation or expenses for their services. The committee shall recommend any legislation needed for the purpose of creating jobs, enticing new industry to the State and creating conditions whereby available and trainable manpower is matched with the availability of jobs created by new and expanding industry. The committee shall make a report of its findings to the 1977 session of the General Assembly of Georgia and shall stand abolished on the date the General Assembly convenes in regular session in 1977. Approved April 7, 1976.

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FINANCIAL INSTITUTIONS CODE AMENDEDCERTAIN RECEIVERSHIP PROCEDURES CHANGED, ETC. Code Title 41A Amended. No. 1421 (House Bill No. 1692). 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), as amended by an Act approved April 17, 1975 (Ga. L. 1975, p. 445), so as to simplify procedures relating to receivership proceedings involving financial institutions with assets of not more than $150,000.00; to provide that amendments to the bylaws of a credit union may be adopted and amendments of the articles may be requested by the affirmative vote of two-thirds of the authorized number of members of the board of directors; to provide for prior written notice of any such meeting; to provide that a credit union may stagger terms of office for members of its board of directors, credit committee and supervisory committee; to provide that the amount loaned to any one borrower on an unsecured basis when added to the amount loaned to any one borrower of a secured basis shall not exceed a maximum loan limit of a credit union for secured loans; 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 41A, relating to financial institutions and known as the Financial Institutions Code of Georgia, approved March 25, 1974 (Ga. L. 1974, p. 705), as amended by an Act approved April 17, 1975 (Ga. L. 1975, p. 445), is hereby amended by adding a new subsection (d) at the end of Code section 41A-713, to read as follows: (d) When the Department takes possession of business and property of a financial institution which in the two immediately preceding reports of condition filed in accordance with section 41A-309(a) reported assets of less than $150,000.00,

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the Department shall not be required to secure an appraisement of the assets of the financial institution under subsection (b) or to file an appraisement of the assets with a determination to liquidate under subsection (c), unless the principal court, upon application by a shareholder or creditor, shall otherwise order. Code 41A-713 amended. Section 2 . Said Code Title is further amended by striking section 41A-3005 in its entirety and inserting in lieu thereof a new Code section 41A-3005, to read as follows: 41A-3005. Amendment of articles and bylaws . (a) Amendments to the bylaws of a credit union may be adopted and amendments of the articles may be requested by the affirmative vote of two-thirds of the authorized number of members of the board of directors at any duly held meeting thereof if the members of the board have been given prior written notice of said meeting and the notice has contained a copy of the proposed amendment or amendments. No amendment of the bylaws or of the articles shall become effective until approved in writing by the Department. (b) Every proposed amendment of the articles shall be filed in triplicate with the Secretary of State together with the fee specified in section 41A-3703, and the Secretary of State shall thereupon transmit a copy of the proposed amendment to the Department. Proposed amendments of the bylaws shall be filed with the Department. Section 3 . Said Code Title is further amended by striking Code section 41A-3106 in its entirety and inserting in lieu thereof a new Code section 41A-3106, to read as follows: 41A-3106. Boards of directors, credit and supervisory committees . (a) At the first annual meeting the members shall elect a board of directors, a credit committee and supervisory committee and at each annual meeting thereafter shall elect successors to the members of the board of directors, credit committee and supervisory committee whose terms of office expire at such annual meeting. No member of the board may be a member of the supervisory committee,

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but any member of the board may be a member of the credit committee. All members of the board, all members of the committees, and all officers shall be sworn to faithfully perform the duties of their several offices in accordance with provisions of this Chapter and the bylaws or as otherwise lawfully established. The oaths shall be subscribed in writing, and a copy thereof shall be retained in the office of the credit union. (b) Except as this section permits the bylaws of a credit union to otherwise provide, members of the board of directors, credit committee and supervisory committee elected at the first annual meeting shall serve until the next annual meeting and until their successors are elected and qualified. A credit union may in its bylaws provide for staggered elections for members of the board of directors, credit committee and supervisory committee, but in that event the bylaws shall provide that as nearly as possible one-third of each body shall be elected at each annual meeting. Section 4 . Said Code Title is further amended by adding a new proviso at the end of subsection (d) of Code section 41A-3109, to read as follows: Provided, however, that the amount loaned to any one borrower on an unsecured basis when added to the amount loaned to any one borrower on a secured basis shall not exceed the limitation set forth herein for secured loans, such limitation being the maximum loan limit of the credit union. Code 41A-3109 amended. Section 5 . Said Code Title is further amended by striking paragraph (1) of subsection (e) of Code section 41A-3109 in its entirety and by renumbering paragraphs (2) and (3) as paragraphs (1) and (2), respectively. Code 41A-3109 amended. Section 6 . 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 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT AMENDEDQUALIFICATIONS CHANGED, ETC. No. 1422 (House Bill No. 1694). An Act to amend an Act known as the Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 866), an Act approved April 13, 1973 (Ga. L. 1973, p. 539), an Act approved April 18, 1975 (Ga. L. 1975, p. 567), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1165), to provide that the Governor shall appoint eight (8) rather than six (6) members, the two (2) new members to be peace officers; to add certain requirements to the qualifications for peace officers; to provide for the development, adoption and administration of certain examinations; 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 Officer 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), an Act approved April 13, 1973 (Ga. L. 1973, p. 539), an Act approved April 18, 1975 (Ga. L. 1975, p. 567), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1165), is hereby amended by striking from the first unnumbered paragraph of section 3, the number 13 and substituting in lieu thereof the number 15 so that when so amended that paragraph shall read as follows: The Georgia Peace Officer Standards and Training Council is hereby established. The Council shall consist of

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fifteen (15) voting members and two (2) advisory members and shall be composed, as follows: Council. Section 2 . Said Act is further amended by adding to the end of subsection (b) a new paragraph to read as follows: Two (2) members who are peace officers shall be appointed by the Governor for terms of four (4) years. Neither person shall serve beyond the time he is actively employed or serves as a peace officer. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term. Members. Section 3 . Said Act is further amended by adding at the end of section 8 a new subsection to be designated subsection (i) to read as follows: (i) Successfully complete a job-related preemployment examination developed, adopted and administered by the Georgia Peace Officer Standards and Training Council in conformity with State and federal law. The Council may change or modify such examination and shall establish the criteria for determining satisfactory performance on such examination. Applicants who do not perform satisfactorily on the preemployment examination shall be ineligible to retake the examination for a period of 6 months after an unsuccessful attempt. Applicants shall be fingerprinted at the time they take the preemployment examination and these fingerprints shall be compared with the fingerprints required in subsection (e). Qualifications. Section 4 . Section 3 of this Act shall become effective July 1, 1977. Prior to July 1, 1977, the Georgia Peace Officer Standards and Training Council shall develop and adopt the preemployment examination required by section 8(i) of the Georgia Peace Officer Standards and Training Act which is added by section 1 of this Act. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976.

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APPROVAL OF PURCHASE OF CHATTANOOGA, TENNESSEE PROPERTY MADE. No. 228 (Senate Resolution No. 343). A Resolution. Approving the Purchase Bid (and the bidder) of Crittenden, Reingold Green, a Georgia General Partnership, composed of Edward E. Crittenden, A General Partner, Arvin H. Reingold, A General Partner, and Thomas M. Green, Jr., A General Partner, hereinafter throughout this entire Resolution for convenience referred to as Purchaser; approving the Contract of Sale to be entered into by the State of Georgia with the Purchaser for the purchase by Purchaser from the State of Georgia of certain improved State-owned real property, located in the City of Chattanooga, Hamilton County, Tennessee, being triangular in shape (shown and labeled as Tract #1 on a plat of survey prepared for the State of Georgia by the Office of Location of the Department of Transportation of the State of Georgia, dated October 24, 1975, and made by Winfred D. Kirk, Georgia Registered Land Surveyor No. 1651, and entitled PROPERTY OF THE STATE OF GEORGIA), and being bounded on the northeast by 10th Street, on the southwest by Georgia Avenue, and on the west by Market Street, hereinafter throughout this entire Resolution referred to as the Property; approving the Form of Deed In Fee Simple Without Warranty to be given pursuant to the Contract of Sale; approving the deeding of the title to the Property in the names of (the Grantees to be named in the Deed In Fee Simple Without Warranty) Edward E. Crittenden, Arvin H. Reingold and Thomas M. Green, Jr.; authorizing the Chairman of the State Properties Commission, in his capacity as Governor of the State of Georgia, to execute and deliver the Contract Of Sale to Purchaser, for and on behalf of and in the name of the State of Georgia; authorizing the Chairman of the State Properties Commission, in his capacity as Governor of the State of Georgia, to execute and deliver to Edward E.

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Crittenden, Arvin H. Reingold and Thomas M. Green, Jr., for and on behalf of and in the name of the State of Georgia, a deed identical in form to the approved Form of Deed In Fee Simple Without Warrant upon fulfillment and/or compliance by Purchaser with its obligations under the Contract Of Sale; authorizing the State Properties Commission to sell any State-owned personal property, furniture, furnishings, contents or equipment, it determines is located on or in or used in connection with the Property; and for other purposes. Whereas, by Code Chapter 91-1A, as amended, and by the Acts and Resolutions amendatory thereof and supplemental thereto, [the State Properties Control Code (now State Properties Code)], there was created a commission to be known as the State Properties Control Commission, (now State Properties Commission), and hereinafter throughout this entire Resolution sometimes referred to as the Commission; and Whereas, pursuant to and in conformity with the State Properties Code, the Commission determined that it would be advantageous to the State of Georgia to advertise and seek sealed bids for either the long-term leasing of, or the purchase of, the Property which is under the custody, management and control of the Commission and which is more particularly described in Exhibit A attached to the Contract Of Sale, with any bid, bidder and any lease or Contract Of Sale being subject to the approval of both the 1976 Regular Session of the General Assembly of the State of Georgia and the Governor of the State of Georgia prior to the creation of an obligation upon the State of Georgia to so lease or sell the Property; and Whereas, prior to advertising and seeking sealed bids, the Commission obtained and approved both a current plat of survey and two appraisals of the value of the Property by two qualified appraisers; and Whereas, the Commission did determine and approve the proper form and content of the Advertisement, Invitation For Bids, Instructions To Bidders and the complete

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Forms of the Lease Bid, Purchase Bid, Lease, Contract Of Sale, and Deed In Fee Simple Without Warranty, concerning the proposed leasing or sale of the Property; and Whereas, advertisement for sealed bids pursuant to the Invitation For Bids was made and two purchase bids were received (no lease bids were received) for the Property which bids were publicly opened and read aloud on February 5, 1976; and Whereas, on February 5, 1976, the Commission did, after due consideration and discussion at a public meeting held on that date, formally determine and announce in accordance with the procedure set forth in the Instructions To Bidders that the Purchase Bid of fifty-one thousand seven hundred ($51,700.00) dollars made by the Purchaser was the bid and bidder most advantageous to the State of Georgia for the purchase of the Property; and Whereas, the Commission, at a regularly held meeting, on February 5, 1976, resolved to request the 1976 Regular Session of the General Assembly of the State of Georgia to: (1) consider and approve the Purchase Bid of Purchaser for the purchase of the Property in the purchase amount of fifty-one thousand seven hundred ($51,700.00) dollars, an exact copy of which is attached to, incorporated in and by reference made a part of this Resolution; (2) consider and approve the Contract Of Sale to be entered into by the State of Georgia with the Purchaser, an exact copy of which is attached to, incorporated in and by reference made a part of this Resolution; (3) consider and approve the form of Deed In Fee Simple Without Warranty to be given pursuant to the Contract Of Sale, an exact copy of which is attached to, incorporated in and by reference made a part of this Resolution; (4) authorize the Chairman of the Commission, in his capacity as Governor of the State of Georgia, to execute and deliver the aforesaid Contract Of Sale to Purchaser, for and on behalf of and in the name of the State of Georgia; (5) authorize the Chairman of the Commission, in his capacity as Governor of the State of Georgia, when in his judgment all of the terms and conditions of the aforesaid Contract

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Of Sale, or all of the precedent terms and conditions of the aforesaid Contract Of Sale, have been fulfilled and/or complied with, to execute and deliver to Edward E. Crittenden, Arvin H. Reingold and Thomas M. Green, Jr. a deed identical in form to the approved Form of Deed In Fee Simple Without Warranty for and on behalf of and in the name of the State of Georgia; and (6) authorize the Secretary of the Commission, in his capacity as Secretary of State of the State of Georgia, to attest the signature of the Chairman of the Commission, acting in his capacity as Governor of the State of Georgia, and to affix the great seal of the State of Georgia to both the said Contract Of Sale and Deed In Fee Simple Without Warranty; and Whereas, the General Assembly of the State of Georgia has carefully considered the requests made by the Commission and has determined that all of the requests should be approved. Be it resolved by the General Assembly of Georgia: Section 1 . That the attached Purchase Bid of Purchaser, Contract Of Sale executed by Purchaser, and Form of Deed In Fee Simple Without Warranty are hereby approved by the General Assembly of the State of Georgia. Approval. Section 2 . That the Chairman of the Commission, acting in his capacity as Governor of the State of Georgia, is hereby authorized to execute and deliver to Purchaser, for and on behalf of and in the name of the State of Georgia, the approved Contract Of Sale, and, when in his judgment all of the terms and conditions of the approved Contract Of Sale, or all of the precedent terms and conditions of the approved Contract Of Sale, have been fulfilled and/or complied with, to execute and deliver to Edward E. Crittenden, Arvin H. Reingold and Thomas M. Green, Jr., a deed identical in form to the approved Form of Deed In Fee Simple Without Warranty, for and on behalf of and in the name of the State of Georgia. Contract of Sale. Section 3 . That the Secretary of the Commission, in his capacity as Secretary of State of the State of Georgia,

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is hereby authorized to attest the signature of the Chairman of the Commission, acting in his capacity as Governor of the State of Georgia, and to affix the great seal of the State of Georgia to both the said Contract Of Sale and Deed In Fee Simple Without Warranty. Section 4 . That the aforesaid approved Contract Of Sale is solely a Contract of Sale of State-owned improved real property as described in the Contract Of Sale, and does not include the sale of any State-owned personal property, furniture, furnishings, contents or equipment located on or in or used in connection with the Property. The Commission is, therefore, in connection with the implementation of the approved Contract Of Sale, hereby authorized to determine what State-owned personal property, furniture, furnishings, contents or equipment is located on or in or used in connection with the Property, and to sell, either through negotiation or sealed bid, any or all such personal property, furniture, furnishings, contents or equipment without complying with the provisions of Code sections 40-1941 through 40-1943, or any other provisions of State law relative to the sale of surplus State-owned personal property. All other State agencies are hereby requested and directed to gratuitously provide such technical assistance and services as shall be requested by the Commission in the execution and performance of the sale of said personal property, furniture, furnishings, contents or equipment as authorized in this section 4. Section 5 . That this Resolution shall become effective if, and on the date when, this Resolution shall be approved by the Governor of the State of Georgia. Purchase Bid On Tract #1 ONE TO: The State Properties Commission c/o Honorable Ben W. Fortson, Jr. Secretary, State Properties Commission Room 214, State Capitol Atlanta, Georgia 30334

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Purchase Bid The undersigned, as Bidder, hereby declares that each person [here and throughout this Purchase Bid (for convenience hereinafter referred to as this Bid) person shall include both a natural and an artificial person] interested in this Bid as a principal is named herein and that no other person has any interest in (or right to) this Bid or in the actual Contract Of Sale to be entered into; that this Bid is made and executed (executed, execute or executing shall mean, here, and hereinafter in this Bid, properly signed, sealed and delivered to the State Properties Commission) without connection with any other person making a Bid; and that this Bid is, in all respects, fair and is made in good faith and without any collusion or fraud. The undersigned further declares that he, she or it (for convenience hereinafter referred to as he, his or him) has carefully read, examined, and fully understands (and agrees to) the contents of the attached Invitation For Bids, Instructions To Bidders, and the Forms of the Contract Of Sale and Deed In Fee Simple Without Warranty. The undersigned fully understands and acknowledges that the Contract Of Sale to be entered into is subject to approval or rejection (1) by the 1976 Regular Session of the General Assembly of the State of Georgia, and (2), if approved by the 1976 Regular Session of the General Assembly of the State of Georgia, by the Governor of the State of Georgia. The Invitation For Bids, Instructions To Bidders, and the Forms of the Contract Of Sale And Deed In Fee Simple Without Warranty are hereby incorporated in and by reference made a part of this Bid. The undersigned offers and agrees: (1) to contract with the State of Georgia by entering into and executing a Contract Of Sale, in the form and indentical substantive content (as to the provisions, covenants, terms and conditions) to the one attached to, incorporated in and by reference made a part of the Instructions To Bidders, within five (5) calendar days following the date of receiving

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notice (oral or written) from the State Properties Commission of the acceptance by the State Properties Commission of this Bid and Bidder as provided in the Instructions To Bidders; (2) to fully, faithfully and timely comply with (and perform) all of the duties and obligations of the Purchaser contained in such Contract Of Sale if the Contract Of Sale be approved by both the 1976 Regular Session of the General Assembly of the State of Georgia, and the Governor of the State of Georgia; and (3) to accept from the State of Georgia pursuant to the Contract Of Sale a Deed In Fee Simple Without Warranty, in the form and identical substantive content (as to the provisions, covenants, terms and conditions) to the one attached to, incorporated in and by reference made a part of the Instructions To Bidders. Attached hereto is a certified or cashier's check drawn on either a United States National Bank or a State (of Georgia) Chartered Bank and made payable to the order of the STATE PROPERTIES COMMISSION in the amount of six (6) per cent of the amount of this Bid. The undersigned agrees that in case of failure or refusal on his part to enter into and execute such a Contract Of Sale within five (5) calendar days following the date of receiving notice (oral or written) from the State Properties Commission of the acceptance by the State Properties Commission of this Bid and Bidders as provided in the Instructions To Bidders, or if after entering into and executing the Contract Of Sale, but before the sale is consummated, the undersigned declares or demonstrates to the State Properties Commission his intention not to be bound by the Contract Of Sale (except as provided in the Contract Of Sale), then such check, and the money payable thereby, shall be forfeited to the State of Georgia and paid into the Treasury of the State of Georgia as fixed and liquidated damages for such failure or refusal and not as a penalty, and the State Properties Commission, acting for and on behalf of the State of Georgia, shall collect the same for the benefit of the State of Georgia. The amount of purchase price that the undersigned Bids is Fifty One Thousand, Seven Hundred Dollars ($51,700.00) in legal tender of the United States of

Page 1693

America. The tract of the property herein bid upon is more particularly described in Exhibit (1) One which is attached to the Instructions To Bidders which Instructions To Bidders is incorporated in and by reference made a part of this Bid. The full name and business (and if applicable, the residence) address of each person interested in this Bid, as principal, is as follows: Edward E. Crittenden, 59 Stuart Drive, Ft. Oglethorpe, Georgia; Arvin H. Reingold, 802 Mt. Belvoir Drive, Chattanooga, Tennessee; Thomas M. Green, Jr., 1611 South Seminole, Chattanooga, Tennessee. The Party(ies) of the Second Part to be named and inserted in the Contract Of Sale is (are): Edward E. Crittenden, Arvin H. Reingold, and Thomas M. Green, Jr. Title to the property will be taken in the following exact form of name (the Grantee to be named in the Deed In Fee Simple Without Warranty is): Edward E. Crittenden, Arvin H. Reingold and Thomas M. Green, Jr. Executed this 4 day of February, 1976.

Page 1694

GENERAL PARTNERSHIP Crittenden, Reingold and Green, A General Partnership Principal Business Address: P. O. Box 847 Rossville, Georgia 30741 Telephone Number: (404) 861-9636 By: /s/ Edward E. Crittenden
Page 1695

Name: Edward E. Crittenden, A General Partner Address: 59 Stuart Drive Fort Oglethorpe, Georgia 30741 Telephone Number: 866-5707 By: /s/ Arvin H. Reingold Name: Arvin H. Reingold A General Partner Address: 802 Belvoir Drive Chattanooga, Tennessee 37412 Telephone Number: 624-3713 By: /s/ Thomas M. Green, Jr. Name: Thomas M. Green, Jr. Address: 1611 South Seminole Chattanooga, Tennessee 37412 Telephone Number: 867-2491 AGREEMENT OF GENERAL PARTNERSHIP We, the undersigned, for the purpose of forming a General Partnership do hereby certify: (1) The General Partnership shall be known as Crittenden, Reingold Green. (2) The partners and their addresses are as follows:

Page 1696

(a) Edward E. Crittenden 59 Stuart Drive Fort Oglethorpe, Georgia 30741 (b) Arvin H. Reingold 802 Belvoir Drive Chattanooga, Tennessee 37412 (c) Thomas M. Green, Jr. 1611 South Seminole Chattanooga, Tennessee 37412 (3) The partnership is to exist for a length of time of one hundred years or otherwise as determined by a 100% agreement among the partners to dissolve. (4) Each partner will make the necessary capital contribution as required from time to time. (5) The office of the partnership shall be maintained at 321 Meador Plaza, Rossville, Georgia 30741 In witness whereof, the parties have caused this agreement to be executed as of this 1st day of February, 1976. /s/ Edward E. Crittenden /s/ Arvin H. Reingold /s/ Thomas M. Green, Jr. Tennessee, Hamilton County. On this 1st day of February, 1976, before me personally appeared Edward E. Crittenden, Arvin H. Reingold and Thomas M. Green, Jr., to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their own free act and deed. /s/ Gene Edward Huffington Notary Public My commission expires Jan. 7, 1980.

Page 1697

LEGAL DESCRIPTION Tract #1 LOCATED IN THE CITY OF CHATTANOOGA, HAMILTON COUNTY, TENNESSEE Being all that tract of land, being improved property, containing 0.199 of one acre (8,651 square feet), triangular in shape, and being bounded by Market Street (as now located) on the West, 10th Street (as now located) on the Northeast, and Georgia Avenue (as now located) on the Southwest and being more particularly described as follows: THE FOLLOWING METES AND BOUNDS DESCRIPTION IS DRAWN ACCORDING TO A 200 FOOT GRID BASED ON THE GEORGIA STATE PLANE COORDINATE SYSTEM: Beginning at a corner (labeled 1) marking the intersection of the Southwestern side of 10th Street (as now located) with the Eastern side of Market Street (as now located) in the City of Chattanooga, Tennessee, said corner having Coordinates Y = 1,837,140.780 and X = 157,994.920; thence running, along the Southwestern side of 10th Street (as now located), South 64 degrees 24 minutes 51 seconds East a distance of 91.603 feet to a corner (labeled 2) marking the intersection of the Southwestern side of 10th Street (as now located) with the Southwestern side of Georgia Avenue (as now located), said corner having Coordinates Y = 1,837,101.220 and X = 158,077.540; thence running, along the Southwestern side of Georgia Avenue (as now located), South 25 degrees 38 minutes 12 seconds West a distance of 188.890 feet to a corner (labeled 3) marking the intersection of the Southwestern side of Georgia Avenue (as now located) with the Eastern side of Market Street (as now located), said corner having Coordinates Y = 1,836,930.925 and X = 157,995.814; thence running, along the Eastern side of Market Street (as now located), North 00 degrees 14

Page 1698

minutes 39 seconds West a distance of 209.857 feet to the corner marking the point of beginning. FOR PRIOR DEED OF REFERENCE, see Book G, Page 329, in the Register's Office of Hamilton County, Tennessee. The property described in this Exhibit 1 is shown and labeled as TRACT #1 on a plat of survey prepared for the State of Georgia by the Office of Location of the Department of Transportation of the State of Georgia, dated October 24, 1975, and made by Winfred D. Kirk, Georgia Registered Land Surveyor No. 1651 and entitled PROPERTY OF THE STATE OF GEORGIA, a copy of said plat of survey marked Exhibit P is attached hereto and by reference specifically incorporated into and made a part of this legal description insofar as it more particularly describes the property herein described. Exhibit 1 CONTRACT OF SALE Georgia, Fulton County. This Contract Of Sale, hereinafter referred to as Agreement, made and entered into by and between the State of Georgia, Party of the First Part, whose address for purposes of this Agreement is P.O. Box 38121, Capitol Hill Station, Atlanta, Georgia 30334, hereinafter sometimes referred to as Seller, and Crittenden, Reingold Green, A Georgia General Partnership, Composed of Edward E. Crittenden, A General Partner, Arvin H. Reingold, A General Partner, and Thomas M. Green, Jr. a General Partner, Party of the Second Part, whose address is P.O. Box 847, or 321 Meador Plaza, Rossville, Georgia 30741, hereinafter sometimes referred to as Purchaser. When the third person pronoun is used to refer to or identify the Purchaser the pronoun his will be used.

Page 1699

WITNESSETH: Whereas, the State of Georgia is the owner of certain real property in the City of Chattanooga, Hamilton County, Tennessee, which is more particularly described in Exhibit A attached hereto, incorporated in and by reference made a part hereof (hereinafter called the property); and Whereas, the State Properties Commission of the State of Georgia (hereinafter sometimes called the Commission) offered to sell the property upon public competitive bidding (pursuant to and in conformity with the requirements of the State Properties Code, Ga. L. 1975, pp. 1092-1111) with any response (meaning Bid both here and throughout this Agreement) to such offer to sell (if such response was accepted by the Commission) being subject to approval by both the 1976 Regular Session of the General Assembly of the State of Georgia, and the Governor of the State of Georgia; and Whereas, the Commission advertised the property for competitive bids and the Purchaser herein made a Bid thereon which Bid and bidder were accepted by the Commission. Now, therefore, in consideration of the above-stated premises, and of the mutual and several covenants of the parties hereto, it is agreed as follows: CONVEYANCE OF TITLE 1. Seller agrees that if the response of Purchaser be approved by both the 1976 Regular Session of the General Assembly of the State of Georgia, and the Governor of the State of Georgia, Seller will convey to Purchaser marketable title to the property by a Fee Simple Deed Without Warranty in the form and identical substantive content (as to provisions, covenants, terms and conditions) to the one attached to, incorporated in and by

Page 1700

reference made a part of the Instructions To Bidders, within one hundred and fifty (150) calendar days after the approval by the Governor of the State of Georgia as provided above. Purchaser agrees that it will accept delivery of the said deed tendered by Seller and will simultaneously pay to Seller the purchase price as set forth in Section 2 below. The foregoing delivery and payment will take place (1) within ten (10) calendar days after notice to Purchaser from Seller of Seller's readiness to deliver the said deed, and (2) at a location to be selected by Seller. 2. PAYMENT OF PURCHASE PRICE Purchaser agrees to pay to Seller the purchase price of Fifty One Thousand and Seven Hundred Dollars ($51,700.00), to be paid in cash [represented by either a certified or cashier's check drawn on either a United States National Bank or a State (of Georgia) chartered Bank and made payable to the order of the STATE OF GEORGIA] at the time of the delivery by the Seller to the Purchaser of the Deed In Fee Simple Without Warranty. Purchaser has submitted to the Seller, receipt and acceptance whereof is hereby acknowledged, a check in the amount of Three Thousand, One Hundred and Two Dollars ($3,102.00), which was submitted along with the response of Purchaser. It is hereby agreed by and between the parties hereto that the aforesaid sum ($3,102.00) is to be applied as part payment of the purchase price of the property at the consummation of this sale; and if the sale is not consummated because of action(s) attributable to Purchaser (and not provided for in this Contract Of Sale) then, and in that event, Seller shall retain said sum ($3,102.00) and shall apply it as fixed and liquidated damages caused by the Purchaser's action(s). In the event the sale is not consummated for any reason other than action(s) attributable to Purchaser, said sum ($3,102.00) shall be returned to the Purchaser by the Seller.

Page 1701

3. ENTRY UPON PREMISES Seller hereby gives to Purchaser and his representatives (at the sole risk of Purchaser and his representatives) the right to enter, subject to the rights of tenants in possession, upon the property at any time for purposes of making appraisals, soil tests, borings, and surveys. 4. EXAMINATION OF TITLE Purchaser shall have sixty (60) calendar days after the execution (execution, and executing, meaning here and throughout this Agreement properly signed, sealed and delivered to the State Properties Commission) by Purchaser of this Agreement within which to examine the title to the property and to determine whether Seller is vested with marketable title with the right to convey the same free and clear of any and all: past due taxes (other than for the year in which this sale is consummated); legally valid, eligible to record and enforceable (against the Seller) liens, encumbrances and encroachments; past due special assessments (other than for the year in which this sale is consummated), any (and only any) of the foregoing may be deemed by the Purchaser to constitute a defect in the Seller's title. Purchaser shall transmit to Seller a copy of an examining attorney's certificate of title or an interim title insurance binder rendered by a responsible title insurance company specifying in detail any such defects in the Seller's title. If the response of Purchaser be approved by both the 1976 Regular Session of the General Assembly of the State of Georgia, and the Governor of the State of Georgia, Seller agrees to exercise good faith and due diligence to correct any such defects in the title within sixty (60) calendar days after the approval by the Governor of the State of Georgia as provided above. If Seller shall not timely correct such defects in the title within said sixty (60) days or within any period of extension granted by Purchaser

Page 1702

and accepted by Seller, and Purchaser shall not elect by notice to Seller to waive the same, Purchaser shall have the option of terminating this Agreement by giving notice of his election so to do to the Seller. Under the foregoing circumstances (Seller not timely correcting such defects in the title) it is agreed by and between the Seller and Purchaser that a suit for damages will not lie against the Seller nor shall Purchaser be entitled to a reduction in the purchase price. However, nothing herein contained in this Agreement shall be construed to require Purchaser to accept other than marketable title free and clear of any such aforesaid defects in the title. However, it is agreed by and between the parties hereto that the property shall be sold, conveyed and delivered by the Seller and purchased and taken by the Purchaser subject to and burdened with all: taxes and special assessments for the year in which this sale is consummated; zoning regulations; governmental laws and ordinances; tenants in possession; outstanding and prior easements; outstanding and prior licenses and permits; outstanding and prior deeds of conveyance; outstanding and prior rental agreements (landlord and tenant relationships); outstanding and prior grants of right or privilege; [all of the latter five burdens whether of public record or not] and uses (whether outstanding or not and including, but not limited to, City of Chattanooga sewer and water facilities and utility company facilities) and restrictions on use (whether outstanding or not), whether visible or not (and whether of public record or not), which (uses and restrictions on use) might be revealed by an on-site inspection of the property, or by a topographic, site and/or utility survey of the property, or by the laws of the State of Georgia, or by the laws, rules and regulations of the State of Tennessee, Hamilton County, Tennessee, and the City of Chattanooga, Tennessee, or by the records of the City of Chattanooga, Tennessee, or by the records of the public utility companies doing business in the City of Chattanooga, Tennessee, or by the public records of Hamilton County, Tennessee.

Page 1703

5. TAXES, ASSESSMENTS, RECORDING COSTS, ETC. The duty and liability to pay all taxes and special assessments for the year in which this sale is consummated, and which are or may become liens on the property, shall be assumed by Purchaser. Purchaser shall pay all costs required for the recording of the Deed In Fee Simple Without Warranty, and for any other instruments of conveyance, and for any other instruments required to be recorded in the consummation of this sale, and for any transfer fees, charges or taxes required by the laws or ordinances of the State of Tennessee, Hamilton County, Tennessee, or the City of Chattanooga, Tennessee. 6. RISK OF LOSS OF IMPROVEMENTS The risk of damage or destruction of the improvements located on the property by fire or other casualty prior to approval of the response of Purchaser by both the 1976 Regular Session of the General Assembly of the State of Georgia, and the Governor of the State of Georgia, is hereby expressly assumed by Seller. Should the said improvements be damaged or destroyed by fire or other casualty prior to approval of the response of Purchaser by both the 1976 Regular Session of the General Assembly of the State of Georgia, and the Governor of the State of Georgia, then at the election of Purchaser this Agreement may be terminated. Such election shall be exercised by Purchaser's giving notice to Seller thereof within fifteen (15) calendar days after the date of the damage or destruction of the improvements located on the property by fire or other casualty. Under the foregoing circumstances (improvements damaged or destroyed by fire or other casualty prior to approval of the response of Purchaser by both the 1976 Regular Session of the General Assembly of the State of Georgia, and the Governor of the State of Georgia) it is agreed by and between the Seller and

Page 1704

Purchaser that a suit for damages will not lie against the Seller nor shall Purchaser be entitled to a reduction in the purchase price. The risk of damage or destruction of the improvements located on the property by fire or other casualty after approval of the response of Purchaser by both the 1976 Regular Session of the General Assembly of the State of Georgia, and the Governor of the State of Georgia is hereby expressly assumed by Purchaser and should the said improvements be thereafter damaged or destroyed, Purchaser shall have no right to terminate this Agreement, be entitled to a reduction in the purchase price, or receive as credit toward the purchase price any sum equal to any proceeds of insurance as may be paid to Sellers on a claim for the loss, or as may be allocated by Seller in payment for the loss under Seller's self-insurance program. Notwithstanding any provision of this Section 6 to the contrary, Seller may comply (when so ordered prior to the consummation of this sale) with any lawful requirements of any governmental body concerning said improvements which requirements may result in the razing of a portion or all of the said improvements. Purchaser agrees that said compliance will not be grounds for either a termination of this Agreement by the Purchaser or for a reduction in the purchase price. 7. FIRE AND CASUALTY INSURANCE Prior to approval of the responsee of Purchaser by both the 1976 Regular Session of the General Assembly of the State of Georgia, and the Governor of the State of Georgia, Seller, free of expense to Purchaser, shall maintain on the improvements located on the property its current insurance against loss or damage by fire and other casualties.

Page 1705

8. CONDEMNATION If, prior to the consummation of this sale, a suit or declaration of taking for the condemnation of the property, or any part thereof, be filed in a court of competent jurisdiction, or if the property, or any part thereof, is otherwise acquired for public purposes, or if access to the property be restricted or denied as a result of the said acquisition or of the filing of the said declaration of taking or of the filing of a suit in eminent domain, Purchaser shall have the option of terminating this Agreement by giving notice to Seller of his election so to do within ten (10) calendar days of notice by Seller to Purchaser of such an event. Purchaser agrees that said election by Purchaser shall be in lieu of any claim for damages by Purchaser against Seller. If Purchaser elects not to terminate this Agreement, Purchaser shall have no claim for damages against Seller and the purchase price set forth in Section 2 above shall not be reduced and any award or compensation paid to Seller prior to consummation of this sale shall be and remain the sole property of Seller. 9. NOTICES All notices to be given hereunder shall be in writing and shall be given by depositing the notice in the United States Registered or Certified Mail, postage prepaid, in an envelope addressed to the party to be notified at such party's address as herein set forth; and the day upon which such notice is so mailed shall be treated as the date of service.

Page 1706

10. STATE PROPERTIES COMMISSION ACTS FOR THE SELLER The State Properties Commission shall act for (and on behalf of) the State of Georgia in all decisions (and actions taken pursuant to said decisions) that must be made by the Seller in the implementation and performance of this Agreement. 11. GEORGIA CONTRACT It is mutually convenanted, understood and agreed by and between the Seller and Purchaser hereto, that as between the parties hereto and their rights accruing hereunder, this Agreement shall be governed, construed, performed and enforced in accordance with the laws of the State of Georgia. 12. ALL PARTNERS LIABLE BOTH JOINTLY AND SEVERALLY Purchaser hereby acknowledges (as set forth in the first full sentence on Page 3 of the Instructions To Bidders) and agrees that each aforesaid named General Partner in the aforesaid named General Partnership is fully bound and liable, both jointly and severally, under and by this Contract Of Sale. 13. CONTINUITY All of the provisions, covenants, terms and conditions contained in this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns.

Page 1707

IN WITNESS WHEREOF, Purchaser has caused this Agreement to be executed this 7 day of February, 1976.

Page 1708

LEGAL DESCRIPTION Tract #1 LOCATED IN THE CITY OF CHATTANOOGA, HAMILTON COUNTY, TENNESSEE Being all that tract of land, being improved property, containing 0.199 of one acre (8,651 square feet), triangular in shape, and being bounded by Market Street (as now located) on the West, 10th Street (as now located) on the Northeast, and Georgia Avenue (as now located) on the Southwest and being more particularly described as follows: THE FOLLOWING METES AND BOUNDS DESCRIPTION IS DRAWN ACCORDING TO A 200 FOOT GRID BASED ON THE GEORGIA STATE PLANE COORDINATE SYSTEM: Beginning at a corner (labeled 1) marking the intersection of the Southwestern side of 10th Street (as now located) with the Eastern side of Market Street (as now located) in the City of Chattanooga, Tennessee, said corner having Coordinates Y = 1,837,140.780 and X = 157,994.920; thence running, along the Southwestern side of 10th Street (as now located), South 64 degrees 24 minutes 51 seconds East a distance of 91.603 feet to a corner (labeled 2) marking the intersection of the Southwestern side of 10th Street (as now located) with the Southwestern side of Georgia Avenue (as now located), said corner having Coordinates Y = 1,837,101.220 and X = 158,077.540; thence running, along the Southwestern side of Georgia Avenue (as now located), South 25 degrees 38 minutes 12 seconds West a distance of 188.890 feet to a corner (labeled 3) marking the intersection of the Southwestern side of Georgia Avenue (as now located) with the Eastern side of Market Street (as now located), said corner having Coordinates Y = 1,836,930.925 and X = 157,995.814; thence running, along the Eastern side of Market Street (as now located), North 00 degrees 14

Page 1709

minutes 39 seconds West a distance of 209.857 feet to the corner marking the point of beginning. FOR PRIOR DEED OF REFERENCE, see Book G, Page 329, in the Register's Office of Hamilton County, Tennessee. The property described in this Exhibit 1 is shown and labeled as TRACT #1 on a plat of survey prepared for the State of Georgia by the Office of Location of the Department of Transportation of the State of Georgia, dated October 24, 1975, and made by Winfred D. Kirk, Georgia Registered Land Surveyor No. 1651, and entitled PROPERTY OF THE STATE OF GEORGIA, a copy of said plat of survey marked Exhibit P is attached hereto and by reference specifically incorporated into and made a part of this legal description insofar as it more particularly describes the property herein described. Compilers Note: THE PLAT ON THE FOLLOWING TWO PAGES HAS BEEN PHOTOGRAPHICALLY REDUCED AND THEREFORE, THE SCALE SHOULD BE ADJUSTED ACCORDINGLY . FULL SIZE PLAT MAY BE SEEN ON FILE AT THE STATE CAPITOL, ATLANTA, GEORGIA.

Page 1710

Exhibit A

Page 1712

FORM OF DEED IN FEE SIMPLE WITHOUT WARRANTY This Instrument Prepared By Thomas W. Greene Assistant Attorney General 132 Judicial Building 40 Capitol Square Atlanta, Georgia 30334 STATE OF GEORGIA, COUNTY OF FULTON: KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, the State of Georgia is the owner of certain real property in the City of Chattanooga, Hamilton County, Tennessee, which is more particularly described in Exhibit A attached hereto, incorporated in and by reference made a part hereof (hereinafter called the property); and WHEREAS, the State Properties Commission of the State of Georgia (hereinafter sometimes called the Commission) offered to sell the property upon public competitive bidding (pursuant to and in conformity with the requirements of the State Properties Code, Ga. Laws 1975, Pages 1092-1111) with any response to such offer to sell (if such response was accepted by the Commission) being subject to approval by both the 1976 Regular Session of the General Assembly of the State of Georgia, and the Governor of the State of Georgia; and WHEREAS, the Commission advertised the property for competitive bids and the Grantee herein made a bid thereon, which bid and bidder were accepted by the Commission and approved by the 1976 Regular Session of the General Assembly of the State of Georgia by a Resolution which was approved by the Governor of the State of Georgia on, 1976; and WHEREAS, this conveyance is made pursuant to the authority granted by the Resolution of the 1976 Regular

Page 1713

Session of the General Assembly of the State of Georgia which was approved by the Governor of the State of Georgia on, 1976, and is executed by the Governor and Secretary of State of the State of Georgia for and on behalf of the State of Georgia as they are so authorized to do by the said Resolution and the said State Properties Code. NOW, THEREFORE, the Premises Considered: FOR AND IN CONSIDERATION of the sum ofDollars ($), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, including the mutual and several convenants of the parties herein contained, the State of Georgia, hereinafter called Grantor, does hereby sell, transfer and convey unto, hereinafter called Grantee, the following described property, to-wit: LOCATED IN THE CITY OF CHATTANOOGA, HAMILTON COUNTY, TENNESSEE: Being all that tract of land more particularly described on Exhibit A attached hereto, incorporated in and by reference made a part hereof. FOR PRIOR DEED OF REFERENCE, see Book, Page, in the Register's Office of Hamilton County, Tennessee. SUBJECT to and burdened with all: taxes and special assessments for the year in which this sale is consummated; zoning regulations; governmental laws and ordinances; tenants in possession; outstanding and prior easements; outstanding and prior licenses and permits; outstanding and prior deeds of conveyance; outstanding and prior rental agreements (landlord and tenant relationships); outstanding and prior grants of right or privilege; [all of the latter five burdens whether of public record or not] and uses (whether outstanding or not and including, but not limited to, City of Chattanooga sewer and water facilities and utility company facilities) and restrictions

Page 1714

on use (whether outstanding or not), whether visible or not (and whether of public record or not), which (uses and restrictions on use) might be revealed by an on-site inspection of the property, or by a topographic, site and/or utility survey of the property, or by the laws of the State of Georgia, or by the laws, rules and regulations of the State of Tennessee, Hamilton County, Tennessee, and the City of Chattanooga, Tennessee, or by the records of the City of Chattanooga, Tennessee, or by the records of the public utility companies doing business in the City of Chattanooga, Tennessee, or by the public records of Hamilton County, Tennessee. TO HAVE AND TO HOLD the said property unto the Grantee, its successors and assigns, forever in fee simple, without warranty (to read heirs and assigns, forever in fee simple, without warranty if Grantee is an individual). IN WITNESS WHEREOF, the Grantor, State of Georgia, has caused these presents to be duly executed in its name, with the seal of the State affixed, by George Busbee, Governor, and attested by Ben W. Fortson, Jr., Secretary of State, on this theday of, 1976.

Page 1715

STATE OF GEORGIA, FULTON, COUNTY: On this theday of, 1976, before me personally appeared GEORGE BUSBEE and BEN W. FORTSON, JR., with whom I am personaly acquainted, and who upon oath acknowledged themselves to be the Governor and the Secretary of State, respectively, of the State of Georgia, the within named bargainor, and that they, Governor and Secretary of State, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the State of Georgia by themselves as such Governor and Secretary of State, and they further acknowledged that they executed the same as their free act and deed and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand, and Notarial Seal. Exhibit A Inserted here is the legal description(s) of the property(ies) to be conveyed by this Deed In Fee Simple Without Warranty. Approved April 9, 1976. INTOXICATING LIQUORSCERTAIN METRIC STANDARDS OF MEASUREMENT PROVIDED, ETC. No. 1423 (House Bill No. 1707). An Act to amend an Act known as the Revenue Tax Act To Legalize and Control Alcoholic Beverages and Liquors,

Page 1716

approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, so as to provide for Metric Standards of Measurement in determining the amount of distilled spirits which may be lawfully sold or possessed in certain circumstances; to place a limitation upon the quantity of distilled spirits which may lawfully be possessed in any county of this State, such limitation being consistent with the present limitation of the law upon the quantity of distilled spirits which may lawfully be purchased by any person at any one time; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Revenue Tax Act To Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by adding a new sentence at the end of section 23(b), 27 and 29 to read as follows: At such time as metric measurements are authorized by law or regulation, the container sizes herein specified in U.S. gallons shall mean such sizes or the nearest metric equivalent measurement approved by the Federal Alcohol Administration of the United States Treasury Department or any successor agency thereto. Measurement. Section 2 . Said Act is further amended by striking from section 23(b) and from section 27 thereof, wherever they appear, the words: one quart, and inserting in lieu thereof the words: one standard case of half-gallon, quart, or fifth size containers of distilled spirits, but not more than 8 individual containers of distilled spirits of a size of one-half pint or 4 individual containers of distilled spirits of a size of one pint. Amount.

Page 1717

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 7, 1976. EDUCATIONGRANT PROVISIONS FOR STUDENTS ATTENDING CERTAIN COLLEGES CHANGED. No. 1425 (House Bill No. 1744). 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 change the amount of grants to be made to students; to provide that no grant shall be made to students during summer school terms; to provide for other matters relative thereto; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for 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 section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Grants to citizens of Georgia who are students attending colleges or universities in this State should be provided to the extent that funds are available. These grants should not be limited to any academic year or term and should not be limited to undergraduate or graduate students;

Page 1718

however, during periods of economic hardship, priorities should be established with respect to such grants. Grants. 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 1976-77 academic year and for each year thereafter, the above amount of $400 may be increased to an amount not to exceed $600 per academic year provided the higher amount of grant to be made shall be specified in the General Appropriations Act. In no event shall the grant made to an eligible student be less than $400 per academic year, or less than any higher amount not in excess of $600 per academic year specified in the General Appropriations Act, except under the conditions specified in section 7 of this Act. It continues to be the intent and purpose of this program to provide these tuition equalization grants to all Georgia students attending the fully accredited Georgia colleges at all levels and throughout the entire calendar year. Notwithstanding the definition of the term academic year contained in section 3 of this Act, no grant shall be made to a student for study during the period of any summer school term, semester, trimester or quarter unless a specific appropriation for that purpose is provided in the General Appropriations Act. No grants shall be made to graduate students 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. Section 3 . The provisions of this Act shall become effective June 1, 1976. Effective date. Approved April 7, 1976.

Page 1719

HUSBAND AND WIFEMARRIAGE LICENSE PROVISIONS CHANGED, ETC. Code Title 53 Amended. No. 1426 (House Bill No. 1773). An Act to amend Code Title 53, relating to husband and wife, as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 485), an Act approved March 29, 1965 (Ga. L. 1965, p. 335), an Act approved March 10, 1972 (Ga. L. 1972, p. 193), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1298), so as to change the minimum age provisions for marriage licenses; to provide for the destruction of the physician's certificate of pregnancy of the female for underaged marriages; to change the provisions relative to parental consent to marriage; to provide that subsequent to the destruction of such physician's certificate, a judge of the probate court shall be relieved of civil and criminal liability for certain acts; 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 53, relating to husband and wife, as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 485), an Act approved March 29, 1965 (Ga. L. 1965, p. 335), an Act approved March 10, 1972 (Ga. L. 1972, p. 193), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1298), is hereby amended by striking section 53-102, relating to persons able to contract marriage, in its entirety and substituting in lieu thereof a new section 53-102, to read as follows: 53-102. Persons able to contract . To be able to contract marriage, a person must be of sound mind, at least 16 years of age, and laboring under none of the following disabilities, viz.: 1. Previous marriage undissolved. The dissolution of a previous marriage in divorce proceedings must be affirmatively

Page 1720

established and will not be presumed. Nothing herein shall be construed to affect the legitimacy of children. 2. Nearness of relationship by blood or marriage, as hereinafter explained. If either applicant is under the age of majority, parental consent as provided in Code section 53-204 shall be required. Both the male and female, at the time of application for a marriage license, must furnish the judge of the probate court with documentary evidence of proof of age in the form of a birth certificate, baptismal certificate or driver's license. In the event an applicant does not possess either of the above and appears to the judge of the probate court to be at least 40 years of age, the applicant, in lieu of furnishing the judge of the probate court with one of the above, may give an affidavit to the judge of the probate court stating the applicant's age. Provided, however, that the age limitations contained herein shall not apply upon proof of pregnancy on the part of the female, said proof to be shown to the judge of the probate court by a certificate signed by a licensed physician of the State of Georgia, stating that the female applicant is, in his opinion, pregnant, in which case the parties may contract marriage regardless of age. Said certificate signed by a physician shall be available for inspection by the parents or guardians of either the female or male applicant under this section, prior to the destruction of such certificate as provided in this section, but said certificate shall not be open to public inspection except on order of a judge of the superior courts. Licensed attending physician shall include only those physicians licensed under Code Chapters 84-9 or 84-12. After the birth of the child and upon the presentation of the birth certificate of the child to the judge of the probate court and verification of the accuracy of the birth certificate, the physician's certificate that the female was pregnant and all records of such certificate under the control of the judge of the probate court shall be destroyed.

Page 1721

Provided further, however, that the age limitations contained herein shall not apply where both applicants are the parents of a living child born out of wedlock, in which case the parties may contract marriage regardless of age. Section 2 . Said Code Title is further amended by adding at the end of the second paragraph of Code section 53-202, the following: A probate judge who in good faith destroys physician's certificates of pregnancy and all records of such certificates under his control in accordance with the provisions of law shall not be prosecuted under this section for failure to require such a certificate from the applicants for a marriage license if a birth certificate is issued for a child born to the applicants within the period of gestation after the marriage license was issued., so that when so amended, the second paragraph of Code section 53-202 shall read as follows: Provided, however, no marriage license shall be issued earlier than 3 days following the application therefor, unless the female applicant is pregnant and such pregnancy is proved by a certificate signed by a licensed physician of the State of Georgia, or unless the applicants are the parents of a living child born out of wedlock, or unless both applicants have been proved to have reached the age of majority, in any of which events a marriage license may be issued immediately. Any person who issues such license in violation of this paragraph, unless the parties fall under the 3 exceptions as hereinbefore mentioned, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as a misdemeanor. Such willful conduct shall constitute malpractice in office. A probate judge who in good faith destroys physician's certificates of pregnancy and all records of such certificates under his control in accordance with the provisions of law shall not be prosecuted under this section for failure to require such a certificate from the applicants for a marriage license if a birth certificate is issued for a

Page 1722

child born to the applicants within the period of gestation after the marriage license was issued. Code 53-202 amended. Section 3 . Said Code Title is further amended by adding at the beginning of subsection A of Code section 53-204, relating to parental consent to underaged marriages, the following: Except when the female applicant is pregnant or both applicants are the parents of a living child born out of wedlock,, and by adding after the second sentence in subsection A of said Code section, the following: As provided in section 53-102, upon proof of the pregnancy of the female or proof that the applicants are parents of a living child born out of wedlock, underage applicants may be married without parental or guardian consent., so that when so amended, subsection A of Code section 53-204 shall read as follows: A. Except when the female applicant is pregnant or both applicants are the parents of a living child born out of wedlock, in cases where the parties applying for a license have not yet reached the age of majority, their ages to be proved to the probate judge as hereinafter provided, the parents or guardians of each underage applicant must appear in person before the probate judge and consent to the proposed marriage, unless physical presence because of illness or infirmity is impossible, in which case an affidavit by said incapacitated parent or guardian shall suffice. In addition to said affidavit, there must also be included an affidavit signed by a licensed attending physician stating that said parent or guardian is physically incapable of being present. As provided in section 53-102, upon proof of the pregnancy of the female or proof that the applicants are parents of a living child born out of wedlock, underage applicants may be married without parental or guardian consent. All applicants who have reached the age of majority, such proof

Page 1723

being shown to the probate judge, as hereinafter mentioned, may be married immediately and waive the three-day mandatory waiting period. The licensed attending physician shall include only those physicians licensed under Code Chapters 84-9 and 84-12 or corresponding requirements pertaining to licensed attending physicians in sister states. Code 53-204 amended. Section 4 . Said Code Title is further amended by striking Code section 53-206, relating to proof of majority and marriage licenses for underage persons, in its entirety and substituting in lieu thereof a new Code section 53-206, to read as follows: 53-206. Proof of majority; provisions for licenses to underage persons . 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 either or both of the applicants have not yet reached the age of sixteen (16) the underage applicant or applicants must submit evidence in the form of a physician's certificate that the female is pregnant or evidence that both applicants are parents of a living child born out of wedlock in which case the parties may be issued a marriage license immediately. After the birth of the child and upon the presentation of the birth certificate of the child to the judge of the probate court and the verification of the accuracy of the birth certificate, the physician's certificate that the female was pregnant and all records of such certificate under the control of the judge of the probate court shall be destroyed. 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 the Code Chapters 84-9 or 84-12. Section 5 . Said Code Title is further amended by adding

Page 1724

at the end of Code section 53-208, relating to the liability of the judge of the probate court for issuing marriage licenses unlawfully, the following: A probate judge who in good faith destroys physician's certificates of pregnancy and all records of such certificates under his control in accordance with the provisions of law shall not be prosecuted under this section for failure to require such a certificate from the applicants for a marriage license if a birth certificate is issued for a child born to the applicants within the period of gestation after the marriage license was issued., so that when so amended, Code section 53-208 shall read as follows: 53-208. Liability of judge of probate court for issuing license unlawfully . Any judge of the probate court who by himself or clerk shall issue a license in violation of the time provision, or who shall knowingly grant a license without the required consent or without proper precaution in inquiring into the question of minority, or who shall issue a license for the marriage of a female to his knowledge domiciled in another county, shall forfeit the sum of $500 for every such act, to be recovered at the suit of the father or mother, if living, and if not, father or mother, the guardian or legal representative of either of such contracting parties: Provided, that under no circumstances shall more than one suit be maintained by the father or mother, guardian or legal representative of either of such contracting parties in connection with any one marriage: and Provided further that no such action shall be brought prior to the expiration of 60 days from the date that such marriage becomes public and no suit hereunder shall be maintained after the expiration of 12 months from date such marriage becomes public. A recovery shall be had against the offending judge of the probate court and his bondsmen, and from such recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the suit, and, after the payment of court costs, then one-third of the remainder of

Page 1725

said recovery shall be paid to the person bringing the suit and the remaining two-thirds shall be paid to the county educational fund of the county of such judge of the probate court's residence. A probate judge who in good faith destroys physician's certificates of pregnancy and all records of such certificates under his control in accordance with the provisions of law shall not be prosecuted under this section for failure to require such a certificate from the applicants for a marriage license if a birth certificate is issued for a child born to the applicants within the period of gestation after the marriage license was issued. 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 7, 1976. GEORGIA FIRE ACADEMY ACT. No. 1427 (House Bill No. 1821). An Act to create the Georgia Fire Academy; to provide for a short title; to provide for the purpose of the Academy; to create the Georgia Fire Academy Board; to provide that the Board shall establish general policy to the followed by the Academy; to provide for an advisory council; to provide that the Board shall select the Superintendent of the Academy and establish the compensation for the Superintendent; to provide that the Superintendent shall be responsible for the selection of the staff and shall administer the policies and programs of the Board; to provide for the administration and funds; to provide that the Academy shall be attached to the Department of Public Safety for administrative purposes, only; to amend the Georgia Firefighter Standards and Training Act, approved

Page 1726

April 10, 1971 (Ga. L. 1971, p. 693), to replace the Georgia Fire Institute with the Georgia Fire Academy; to provide that any other reference in Georgia Laws to the Georgia Fire Institute shall mean the Georgia Fire Academy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title . This Act shall be known as and may be cited as the Georgia Fire Academy Act. Section 2 . There is hereby created the Georgia Fire Academy, the purposes of which shall be, through training and research: Created. (a) to reduce the costs in suffering and property loss resulting from fire; (b) to provide paid, volunteer, and other publicly or privately employed firemen professional training at a minimum cost to them and their employers; (c) to assist the State, its county, municipal and other political subdivisions and officers thereof in the investigation and determination of the causes of fires; (d) to develop new methods of fire prevention and fire fighting; (e) to provide facilities for testing fire fighting and prevention equipment. (f) to assist the State, its counties, municipalities and other political subdivisions in the training and operations of the fire department related EMS and rescue services. Section 3. Georgia Fire Academy Board . (a) There is hereby created the Georgia Fire Academy Board to be composed of six (6) members, as follows:

Page 1727

(1) the Chairman of the Training Committee of the Georgia State Firemen's Association; (2) a fire chief appointed by the Executive Board of the Georgia Association of Fire Chiefs; (3) a member of the Georgia State Firemen's Association appointed by the Executive Board of the Georgia State Firemen's Association; (4) a member appointed by the Georgia Safety Fire Commissioner; (5) a member appointed by the Governor from the Industrial Fire Service; (6) a member at large appointed by the Governor. (b) The ex-officio member shall serve on the Board while holding office. The remaining five (5) members shall serve initial terms, as follows: The members appointed in subsections (2) and (3) shall serve for four (4) years; the member appointed in subsection (4) shall serve for three (3) years; the member appointed in subsection (5) shall serve for two (2) years; and the member appointed in subsection (6) shall serve for one (1) year. Thereafter, all appointments shall be for four (4) years. In the event a vacancy occurs on the Board, a new member shall be appointed by the appointing authority for that position to fill the unexpired term. Members shall be eligible to succeed themselves. (c) The members of the Board shall elect a Chairman, a Vice-Chairman and such other officers as deemed advisable by the Board. The Board shall provide for a quorum and shall provide for meetings. The Board shall adopt such procedures as it deems necessary and advisable for its operation. The members of the Board shall receive no compensation or per diem for their services, but shall be reimbursed for the expenses incurred in the performance of their duties.

Page 1728

Section 4. Duties, Power and Authority of the Board . (a) The Board is hereby authorized and empowered to establish, operate and maintain the Georgia Fire Academy for the purpose enumerated in section 2 of this Act. The Board is hereby authorized and empowered to do all things and take whatever action necessary to accomplish these purposes, including, but not limited to, the establishment and conduct of training programs, and the promulgation of rules and regulations relative thereto. The Board shall select the Superintendent of the Academy and establish the compensation for the Superintendent. (b) The Board is hereby authorized and directed to create an advisory council to advise and assist it in carrying out its duties and responsibilities under this Act. The membership of said advisory council shall be as the Board shall determine except that such membership shall include at least one representative from each of the following organizations: Association County Commissioners of Georgia, the Georgia Municipal Association, and the Insurance Services Office. The Director of the Georgia Firefighter Training and Standards Council shall also be a member of such advisory council. The members of the advisory council shall serve without compensation but they may be reimbursed for travel and other expenses actually incurred by them in carrying out their duties as members of the council in the same manner as State officials and employees. Section 5. Superintendent . The Superintendent shall be responsible for the selection of a staff and shall be responsible for the execution of all policies, programs, directives and decisions promulgated by the Board, and for the direction of the staff and the daily operation of the Georgia Fire Academy. Section 6. Administration and Funds . (a) The Georgia Fire Academy is assigned to the Department of Public Safety for administrative purposes, only, as described in section 3 of the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015).

Page 1729

(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 purposes of carrying out the provisions of this Act. Section 7. Training Program . Subject to the rules and regulations prescribed by the Board, the training program of the Academy shall be made available to all firefighters and may also be made available to other persons who evidence interest in entering the fire fighting profession. The Board is hereby authorized to prescribe fees to cover all or a part of the cost furnishing such training under such rules and regulations as the Board shall prescribe. The State, municipalities, and counties are hereby authorized to expend funds for the purpose of paying the above fees. The Board is hereby given full authority to decide who shall be allowed to enroll in the training program of the Academy. Section 8. Act Permissive . It is not the intention of this Act that it be mandatory that any firefighter be required to attend the Academy. The training program established at the Academy shall not supersede any training program for firefighters now in existence or herafter established, but shall be separate and apart from any other training programs for firefighters. Section 9. Georgia, Firefighter Standards and Training Act Amended . An Act known as the Georgia Firefighter Standards and Training Act, approved April 10, 1971 (Ga. L. 1971, p. 693), is hereby amended by striking from subsection (b) of section 3 and subsection (b) of section 4, the words Georgia Fire Institute wherever they appear, and substituting in lieu thereof the words Georgia Fire Academy. Any other reference in Georgia Laws to the Georgia Fire Institute means the Georgia Fire Academy. Section 10 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976.

Page 1730

LANDSCAPE ARCHITECT ACT. Code Title 84 Amended. No. 1443 (Senate Bill No. 350). An Act to amend Code Title 84, relating to professions, businesses and trade, as amended, so as to comprehensively revise, codify and modernize the laws of this State relating to the licensure and regulation of landscape architects; to provide for definitions; to provide for licenses for landscape architects and the qualifications, fees, examinations, terms, practices, procedures and conditions in connection with such licenses; to prohibit certain advertising and the use of certain titles or terms; to provide for exceptions and exclusions; to recreate the Georgia State Board of Landscape Architects; to provide for the members, compensations, duties, powers, authority, officers and terms of office of the board; to provide for a quorum; to provide for rules and regulations; to provide for meetings; to provide for a seal; to provide for temporary and permanent injunctions; to authorize the Attorney General to institute and maintain certain actions; to provide for bonds; to provide for the issuance, revocation and suspension of licenses; to provide for censure; to provide for applications for licenses and the practices and procedures connected therewith; to provide for the qualifications for licensure; to provide for examinations and license fees; to prohibit partnership and corporations from engaging in certain activities; to provide for exceptions; to provide for reciprocal licenses; to provide for temporary licenses; to provide for forms of licenses; to provide that certain activities shall be unlawful; to provide for penalties; to provide for hearings, notices, appeals, practices and procedures; to provide for other matters relative to the foregoing; to provide for severability; to repeal an Act relating to the licensure and regulation of persons as landscape architects, approved March 25, 1958 (Ga. L. 1958, p. 400), as amended; to repeal conflicting laws; and for other purposes.

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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 adding thereto a new Code Chapter 84-40, to read as follows: Chapter 84-40. Landscape Architects . 84-4001. Definitions . As used in this Chapter, the following terms shall have the meanings hereinafter respectively ascribed to them, except where the context clearly indicates that another meaning is intended: (a) `Landscape architecture' shall mean the performance of professional services including, but not limited to, consulation, investigation, planning, design, preparation of drawings and specifications and responsible supervision, in connection with the preservation or determination of proper land uses, natural land features, aesthetics, planting plans, shaping the land to produce the best functional and aesthetic effect, grading plans with determination of drainage, and the consideration and determination of environmental problems of land areas relating to the public health, safety and welfare. (b) `Landscape architect' shall mean a person who is licensed pursuant to this Chapter to practice or teach landscape architecture. (c) `Board' shall mean the Georgia Board of Landscape Architects. 84-4002. Landscape Architect, License Required . No person shall offer, attempt or agree to perform, or perform, any act which would constitute the practice of landscape architecture, as defined in Code section 84-4001 (a), whether as a part of a transaction or as an entire transaction, unless said person has received a license as a landscape architect, pursuant to the provisions of this Chapter. The commission of a single act by a person required to be licensed under this Chapter and who is not licensed, shall constitute

Page 1732

a violation hereof. Notwithstanding any provisions for criminal liability, any person who, without possessing a valid unsuspended, unrevoked license as provided in this Chapter, uses the title or term `landscape architect', in any sign, card, listing, advertisement, or in any other manner that would imply or indicate that he is a landscape architect as defined in this Chapter, may be enjoined. 84-4003 . Nothing in this Chapter shall be construed as excluding a qualified registered architect or professional engineer from such landscape architectual practice as may be incidental to the practice of his profession; or as excluding a landscape architect registered under the provisions of this Chapter, from such architectual or engineering practice as may be incidental to the practice of landscape architecture. 84-4004. Exceptions . Exceptions as otherwise provided in this Chapter, the provisions of this Chapter shall not apply to: (a) A landscape contractor, including a residential landscape contractor, engaging in the business of, or acting in the capacity of a landscape contractor in Georgia under provisions of any law regulating landscape contracting, insofar as he engages in the business or acts in the capacity of a landscape contractor in its various forms. (b) Any person whose services are offered solely as a gardener or nurseryman. (c) A planner, satisfying the minimum required qualifications for a planner in charge as defined by the State Department of Community Development, whose services are offered or retained as a planner. None of the foregoing, however, shall use the title `landscape architect' without complying with the provisions of this Chapter. 84-4005. Georgia State Board of Landscape Architects .

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(a) The Georgia State Board of Landscape Architects is hereby re-created under the Secretary of State and Joint-Secretary, State Examining Boards. The board shall be composed of three members, each of whom shall be appointed by the Governor. Each member shall be a licensed landscape architect who shall be a resident of this State and actively engaged in the practice of landscape architecture. The present members of the board shall serve the remainder of their terms of office, as provided by the law under which each was appointed. Upon the expiration of each present member's term of office, a successor shall be appointed for a term of four years, and all succeeding appointments made under this subsection shall be for four-year terms. (b) Members on the board shall serve until their successors are appointed and qualified. Vacancies on the board shall be filled by appointment of the Governor and in the same manner as provided in subsection (a) above, for the unexpired term of the member creating such vacancy. (c) Two of the three members so appointed shall constitute a quorum for the transaction of any business of the board. The board shall select from its members, a chairman, and may do all things necessary and convenient for its own government and to carry into effect the provisions of this Chapter, and may promulgate necessary rules and regulations to carry out the provisions of this Chapter, not otherwise inconsistent herewith, including regulations governing the professional conduct of persons licensed by the board. The board shall be authorized to meet as often as necessary in order to conduct its business, but in no event shall the board meet less than twice during every calendar year. (d) Each member of the Georgia State Board of Landspace Architects shall receive the sums of $25.00 per diem for each day such member is in attendance at a meeting of said board, plus reimbursement for actual transportation costs while traveling by public carrier, or the legal mileage rate for the use of a personal automobile in connection with such attendance.

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84-4006. Seal . The board shall adopt a seal, which may be either an engraved or an ink stamped seal, with the words `State Board of Landscape Architects, State of Georgia' or such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the chairman of the board shall be received in evidence in all cases equally and with like effect as the originals. 84-4007. Attorney General . Whenever, in the judgment of the board, any person who 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 Georga to abate and temporarily and permanently enjoin such acts and practices and to enforce compliance with this Chapter. The board shall not be required to give bond in any such action. 84-4008. Licensure Regulated . The board shall have the full power to regulate the issuance of licenses and to revoke or suspend licenses issued under the provisions of this Code Chapter and to censure licenses. 84-4009. Application for License . Any person desiring to act as a landscape architect must file an application for a license with the board. The application shall be in such form and detail as the board shall prescribe, setting forth the following: (a) The name and address of the applicant or the name under which he intends to conduct business, and (b) Such other information as the board shall require. 84-4010. Qualifications . (a) Each applicant for licensure as a landscape architect shall: (1) Be at least 18 years of age. (2) Shall have had at least eight years of training in the actual practice of landscape architecture; provided that a

Page 1735

person holding a degree which requires five academic years of education from a school of landscape architecture, environmental design, or its equivalent approved by the board, may be licensed after having received three years of training in the actual practice of landscape architecture as may be approved by the board, provided that the actual practice shall be subsequent to receiving such undergraduate degree; provided, further that the board may substitute any educational experience it deems sufficient which is not otherwise represented by the aforementioned undergraduate degree in landscape architecture, environmental design, or its equivalent for any equivalent term necessary to attain the requisite eight years of experience. With no degree in landscape architecture, environmental design, or its equivalent, all actual practice shall be under the direction of a licensed landscape architect. (3) Any person who on the effective date of this Code Chapter is currently enrolled in a course of study in a school of landscape architecture, environmental design, or its equivalent approved by the board, or who has received a degree from such school, or any person who has on the effective date of this Code Chapter been employed in the office of a landscape architect for not less than one year, may be considered for licensure, pursuant to the provisions required for licensure of landscape architects contained in an Act approved March 25, 1958 (Ga. L. 1958, p. 400), as amended; provided that any person desiring to be licensed under this paragraph shall so notify the board within 180 days after the enactment of the Chapter. (4) Persons who on the effective date of this Chapter hold licenses as landscape architects heretofore issued under laws of this State shall not be required to obtain additional licenses under this Chapter, but shall otherwise be subject to all applicable provisions of this Chapter including renewal of said license; and such license heretofore issued shall be considered licensed for all purposes under this Chapter and subject to the provisions hereof. (b) The applicant for licensure must pass a written examination generally covering the matters confronting

Page 1736

landscape architects. The examination shall cover such matters as are reasonably calculated to test the knowledge and skill of the applicant in the field of landscape architecture. Failure to pass the examination shall be grounds for denial of a license without a further hearing. 84-4011. License Fees . (a) Every applicant for licensure as a landscape architect shall submit with his application for such licensure, a fee to be determined by the board which shall be sufficient to cover the costs of examination. If the applicant successfully passes the examination, and is otherwise qualified for licensure as a landscape architect, the board shall thereafter, upon payment of a fee to be determined by the board, issue a license to the applicant which shall cover the remaining period of the current biennial licensing period. All licenses shall expire at midnight on the 31st day of December in each even-numbered year. The biennial license renewal fees shall be an amount established by the board and shall be due before September 1, prior to the expiration of the current license. Any license renewal received between September 1 and December 31 of the year in which the current license expires shall be accompanied by a penalty equal to ten percent of the regular licensing fee, in addition to the regular licensing fee. Any renewal not received prior to December 31 of the year in which the current license expires, shall be renewed upon payment of the regular biennial licensing fee plus a penalty of fifty percent of that fee. Any license not renewed within one year after the expiration of the current license, shall not be renewed. (b) Any check presented to the board as a fee for either an original or renewal license which is returned unpaid shall because for revocation or denial of the license. 84-4012. Corporations and Partnerships . Any partnership or corporation may engage in the practice of landscape architecture as defined in this Chapter provided that any service which constitutes the practice of landscape architecture shall be supervised by a duly licensed landscape architect who shall be responsible for the services furnished by

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said partnership or corporation which would otherwise fall within the purview of this Chapter. In no event shall the other members of the partnership, firm or corporation be designated or described as landscape architects, if they are not so licensed, and the term landscape architect or any abbrevation thereof or any other designation which conveys the meaning of landscape architect shall not appear in any partnership or corporate name in which any person is identified who is in fact not a licensed landscape architect. Upon approval of the board, any partnership, firm or corporation may operate branch offices in this State to provide landscape architectural services, provided that each branch office has a resident landscape architect licensed under this Chapter. All classified directory listings of corporations or partnerships offering landscape architectural services shall include the name of a duly licensed landscape architect. 84-4013. Reciprocal Licenses . The board may certify an applicant for registration without examination who is legally registered as a landscape architect in any state, country or political entity whose requirements for registration are substantially equivalent to the requirements provided in this Chapter and which state, country or political entity extends the same privilege of reciprocity to landscape architects registered in this State. Such application shall be accompanied by the same licensing fee as required of other landscape architects; provided such fee shall be returned if the license is not granted. 84-4014. Temporary License . Any landscape architect, duly registered in any other state or country, may be issued a temporary license as a landscape architect for a stipulated site and project within this State provided such person: (a) Requests a temporary license on a form provided by this board. (b) Presents evidence satisfactory to the board that he is competent to practice landscape architecture as the term is defined in this State.

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(c) Has attained the age of 18 years. (d) Pays a fee to be determined by the board for such temporary license. 84-4015. Form of the License . The board shall prescribe the form of the license. Each license shall have placed thereon the seal of the board. The license of each landscape architect shall be delivered or mailed to the landscape architect. It shall be the duty of a landscape architect to conspicuously display his license in his place of business. 84-4016 . Any person who shall practice the profession of landscape architecture or represent himself as a `landscape architect' or act as such, as defined in this Chapter, without first obtaining a license to do so as provided in this Chapter or when such license is revoked, shall be guilty of a misdemeanor and upon conviction thereof punished as provided by law. 84-4017. License Revocation , Suspensions and Censures. The board may, upon its own motion, and shall, upon the sworn complaint in writing of any person, investigate the actions of any licensed landscape architect and shall have the power to censure said licensee or to revoke or suspend any license issued under this Chapter whenever the board concludes that said licensee has violated any provision of this Chapter or whenever the board has determined that the licensee: (a) Has obtained a license by false or fraudulent representations; (b) Has impersonated another landscape architect or former landscape architect with the same or similar name, or is practicing under an assumed or misleadng name, to include practicing under a partnership or corporate name in which any person who is not a landscape architect is named; (c) Has aided or abetted an unlicensed person in the practice of landscape architecture;

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(d) Has been convicted of a felony or other crime involving moral turpitude; (e) Has, in the practice of landscape architecture, been guilty of fraud, deceit, negligence or incompetence; (f) Has affixed his signature to plans, drawings, specifications or other instruments of service, which have not been prepared by him or under his immediate and responsible direction, or has permitted his name to be used for the purpose of assisting any person, not a landscape architect to evade the provisions of this Chapter. 84-4018. Hearings, Appeals . Any action taken by the board with respect to any license issued under this Chapter shall be in accordance with the provisions of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as the same may now or hereafter be amended. 84-4019 . Any person violating any provision of this Chapter shall be guilty of a misdemeanor. 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 . An Act relating to the licensure and regulation of persons as landscape architects, approved March 25, 1958 (Ga. L. 1958, p. 400), as amended, is hereby repealed in its entirety.

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Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976. GEORGIA COUNCIL FOR ENERGY RESOURCES CREATED. No. 1445 (House Bill No 1698). An Act to create an energy resources advisory council to be known as the Georgia Council for Energy Resources; to declare the legislative intent of this Act; to provide for its members and their tenure; to provide for the responsibilities of the Council; to provide for the Office of Energy Besources and its organizational placement; to provide for the power and duties of the Office of Energy Resources; to provide for employees of the Office of Energy Resources; to provide for the adoption of 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 . The planning, development and management of Georgia's energy resources while protecting the economic, social and environmental values of her citizens requires expanded authority and capability and a unified, coordinated response within State Government. It is, therefore, declared to be the public policy of this State to insure energy conservation and efficiency; to insure the wise management and development of traditional energy resources; and to insure the development and placement into the market place of viable alternate energy resources for the purposes of providing an adequate energy supply, economic prosperity, and a safe environment for Georgians. Intent.

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Section 2 . There is hereby created an energy resources advisory council to be known as the Georgia Council for Energy Resources. Creation. Section 3 . The Council shall consist of eleven (11) members as follows: the Director, Office of Planning and Budget; the Commissioner, Department of Natural Resources; the Commissioner, Department of Transportation; the Chairman, Public Service Commission; the Commissioner, Department of Agriculture; the Commissioner, Department of Revenue; the Vice President for Research, University of Georgia; the Vice President for Research, Georgia Institute of Technology; one member of the House of Representatives, and one member of the Senate, and three individuals from the public at large appointed by the Governor. The Director of the Office of Planning and Budget shall serve as Chairman of the Council. The Council shall meet annually, or more often on the call of the Chairman. The Council and the authority provided to it shall cease to exist July 1, 1981, unless retained by Act of the Georgia General Assembly. Members. Section 4 . The Council shall: (1) evaluate and assess State energy policies and their impact upon the economy and the environment and make recommendations thereon to the Governor and the General Assembly; (2) encourage the cooperation of federal, State and local governmental officers, units, activities and agencies in the promotion and attainment of the purposes of this Act; (3) enlist the cooperation of public utilities, civic and community organizations, industrial and commercial organizations, labor organizations and other identifiable groups in order to develop and implement programs which further the purposes of this Act; (4) recommend actions which would assist in eliminating duplication of effort among governmental departments and agencies involved in energy activities; and (5) recommend to the Governor actions needed to accomplish the purposes of this Act. Duties. The Council may recommend the adoption of rules and regulations to the Director of the Office of Planning and Budget to carry out the purposes of this Act.

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Section 5 . There is hereby established within the office of Planning and Budget a division to be designated as the Georgia Office of Energy Resources. The Director of the Office of Planning and Budget shall select and appoint the Director of said Office and select other such personnel as he shall determine to be necessary to fulfill the purposes of this Act. Director. Section 6 . The Georgia Office of Energy Resources shall have sole authority and responsibility for the administration of this Act. The Georgia Office of Energy Resources shall consult with other departments, agencies, or officials of this State or political subdivisions thereof, and appropriate private and professional organizations in matters related to energy. Any other department, educational institution, agency or official of this State or political subdivision thereof which in any way would affect the administration or enforcement of this Act is required to coordinate all such activities with the Georgia Office of Energy Resources to assure orderly and efficient administration and enforcement of this Act. The Georgia Office of Energy Resources may do all things necessary to cooperate with the United States Government, and to qualify for, accept, and disburse any private grant intended for the administration of this Act. The Georgia Office of Energy Resources is designated to apply for, receive and accept and administer federal funds and programs made available to the State for the purposes of this Act. The Georgia Office of Energy Resources may contract for services if such services cannot be satisfactorily performed by employees of the Office or by any other State agency. The Georgia Office of Energy Resources may enter into agreements to jointly carry out energy-related research and planning with other states or the federal government where appropriate. The Georgia Office of Energy Resources may inform, educate, and provide materials to other agencies of the State or political subdivisions thereof, and the public on all energy-related matters with particular emphasis on energy consumption trends and their social, environmental and economic impacts; conservation and energy efficiency; and alternative energy technologies. The Georgia Office of Energy Resources shall

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have the responsibility of monitoring and assessing the relationship and impact of international, federal and regional energy policies on the State's energy policies and programs. The Georgia Office of Energy Resources shall collect and analyze data relating to past, present and future consumption levels for all sources of energy and report such findings on an annual basis to the Governor. Furthermore, such reports shall make recommendations on actions which would further the purposes in section 1 of this Act. The Georgia Office of Energy Resources shall prepare, and present to the Government for approval, a standby emergency plan setting forth actions to be taken in the event of an impending serious shortage of energy or a threat to public health, safety or welfare. The Georgia Office of Energy Resources shall design and implement a program to encourage energy conservation and efficiency, to include, but not be limited to, the public, commercial, industrial, governmental and residential areas. The Georgia Office of Energy Resources shall maintain awareness of all energy-related research, with particular emphasis on alternative energy resources creating minimal environmental impact, that could be of importance to the State's welfare for the purposes of providing constructive and supportive action. The Georgia Office of Energy Resources shall solicit funds made available for the purposes of information, research studies, demonstrations, and projects of professional and civic orientation, which are related to energy conservation and efficiency, the development and utilization of alternative energy technologies, and other appropriate energy-related areas. Powers. Section 7 . The Director of the Office of Planning and Budget shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this Act. Rules. 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,

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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 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1976. COUNTY BOARDS OF TAX ASSESSORSQUALIFICATIONS OF EQUALIZATION BOARD MEMBERS CHANGED. No. 1446 (House Bill No. 1376). An Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing the procedure for a review of assessments made by county boards of tax assessors and providing for county boards of qualization, approved April 6, 1972 (Ga. L. 1972, p. 1094), as amended, so as to change the qualifications for members of county boards of equalization; to provide that certain persons shall be ineligible to serve as members or alternate members of county boards of equalization; to amend Code section 92-6905, relating to qualifications of members of county boards of tax assessors, as amended, so as to provide that certain persons shall be ineligible to serve as members of county boards of tax assessors; to amend an Act creating, providing and requiring a comprehensive uniform Statewide system for gathering information to be used as the basis for more uniform taxation of property within this State, approved April 6, 1972 (Ga. L. 1972, p. 1104), so as to change the provisions relating to the chief appraiser; 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 comprehensively and exhaustively revising, superseding and modernizing the procedure 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, is hereby amended by adding at the end of subsection (B) of Section 2 of said Act the following: No member of the county board of tax assessors or any employee thereof nor any county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization., so that when so amended, section 2 of said Act shall read as follows: Section 2. Qualifications. (A) No person shall serve as a member of the county board of equalization unless he shall meet the qualifications under Subsection (B). (B) Qualifications . Each person qualified, competent and compellable to serve as grand jurors who is an owner of real property and who is a high school graduate or more shall be qualified, competent and compellable to serve as members or alternate members of the county board of equalization. No person shall be competent to serve as a member or alternate member of the county board of equalization who is exempt from jury duty under section 59-112 of the Georgia Code of 1933. No member of the county board of tax assessors or any employee thereof nor any county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization. Section 2 . Code section 92-6905, relating to qualifications of members of county boards of tax assessors, as amended, is hereby amended by adding at the end of said Code section a new subsection (h), to read as follows:

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(h) No person who is a county tax appraiser shall be eligible to serve as a member of the county board of tax assessors. Eligibility. Section 3 . An Act creating, providing and requiring a comprehensive uniform Statewide system for gathering information to be used as the basis for more uniform taxation of property within this State, approved April 6, 1972 (Ga. L. 1972, p. 1104), is hereby amended by striking from section 6 the following: The Chief Appraiser shall be a member of the board of tax assessors in all counties except Class I counties., so that when so amended, section 6 of said Act shall read as follows: Section 6. Chief Appraiser An Appraiser IV, or an Appraiser III in those counties not having an Appraiser IV, shall be designated by the Board of Appraisers as the Chief Appraiser. The Chief Appraiser shall be responsible for the operation and functioning of the County Property Appraisal Staff, for certifying and signing documents prepared by the Staff, and for implementing such procedures deemed necessary for the efficient operation of the Staff. He may appoint an assistant and may delegate his authority in writing to the assistant. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1976.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1976 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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STATE PROPERTIES COMMISSION MEMBERSHIP PROVIDED, ETC. Proposed Amendment to the Constitution. No. 91 (House Resolution No. 226-896). A Resolution. Proposing an amendment to the Constitution so as to create, provide the membership of and provide the powers, duties and authority of the State Properties Commission; 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 of the Constitution is hereby amended by adding a new section, to be known as Section XII, to read as follows: SECTION XII Paragraph I. State Properties Commission; Membership; Powers, Duties and Authority of the State Properties Commission. There is hereby created within the State Government a public body which shall be known as the `State Properties Commission' which shall consist of eleven (11) members and be composed of: the Governor; the Secretary of State; the Chairman of the Georgia Public Service Commission; the Director, Fiscal Division, Department of Administrative Services; the State Auditor; the President of the Senate; the Speaker of the House of Representatives; the Chairman of the State Institutions and Property Committee of the House of Representatives; the Chairman of the Public Utilities Committee of the Senate; the Chairman of the Appropriations Committee of the House of Representatives; and the Chairman of the Appropriations Committee of the Senate. Effective January 1, 1977, the then membership of the State Properties Commission prescribed by law shall

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stand abolished and the membership of the State Properties Commission as prescribed herein shall take the place of said abolished membership. The State Properties Commission created hereby shall have such powers, duties and authority as are presently, or as may in the future be, provided 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 create, provide the membership of and provide the powers, duties and authority of the State Properties Commission? 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. REVENUE BONDS FOR CERTAIN UTILITIESREQUIREMENT OF MAJORITY VOTE DELETED. Proposed Amendment to the Constitution. No. 94 (House Resolution No. 465-1248). A Resolution. Proposing an amendment to the Constitution so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue

Page 1750

revenue certificates to buy, construct, extend, operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such actions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section VII, Paragraph V of the Constitution is hereby amended by deleting from the first paragraph thereof the following: and provided further that a majority of the registered voters of such county, municipal corporation or political subdivision affected shall vote in said election,, so that when so amended, the first paragraph of Paragraph V shall read as follows: Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31, 1937, known as The Revenue Certificate Laws of 1937,' as amended by the Act approved March 14, 1939, to construct and operate, or to provide funds to extend, repair or improve any such existing facility, and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions, and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized

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and enumerated by said Act of 1937, as amended by said Act of 1939; and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above propsoed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such actions? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HOUSTON COUNTYJURISDICTION OF JUSTICE OF THE PEACE COURT INCREASED. Proposed Amendment to the Constitution. No. 99 (House Resolution No. 550-1518). A Resolution. Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Houston 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: Section 1 . Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: Provided, however, that in Houston County the justices 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 $500.00 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.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Houston County shall have jurisdiction from $200.00 to $500.00? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons destring 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. MOBILE HOMESSEPARATE TAX CLASSIFICATION PROVIDED. Proposed Amendment to the Constitution. No. 114 (Senate Resolution No. 82). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to enact legislation treating certain mobile homes as a separate class of property from other classes of tangible property for ad valorem tax purposes and to adopt different rates, methods or assessment dates for the taxation of such property and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said mobile homes; 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 III of the Constitution is hereby amended by adding at the end thereof the following sentence: Notwithstanding anything to the contrary contained in this paragraph, the General Assembly shall be authorized to enact legislation treating any and all mobile homes, other than those mobile homes which qualify the owner thereof for the homestead property tax exemption under Georgia law, as a separate class of property from other classes of tangible property for ad valorem tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said mobile homes. 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 enact legislation treating certain mobile homes as a separate class of property from other classes of tangible property for ad valorem tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property and to enact legislation to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said mobile homes? 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

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Paragraph of the Constitution, it shall become a part of the Constitution of this State. REVENUE-EXEMPTION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT FROM AD VALOREM TAXATION PROVIDED. Proposed Amendment to the Constitution. No. 118 (House Resolution No. 398-1215). A Resolution. Proposing an amendment to the Constitution so as to encourage overall economic development and to provide incentives for the location of new and expanding manufacturing and production facilities by providing that the governing authority of any county or municipality, subject to the approval of the electors of such political subdivision, may exempt from ad valorem taxation all or a part of the value of certain tangible personal property consisting of all or any combination of the following types of tangible personal property: inventory of goods in the process of manufacture or production, inventory of finished goods manufactured or produced in the State of Georgia, and inventory of finished goods in transit to a final destination outside the State of Georgia; to provide for definitions; to provide for inventory records in certain instances; to provide for a twelve-month period of exmeption on certain property; to provide for a minimum period of exemption from taxation when the authority granted herein is exercised; to provide procedures for revocation of any exemptions granted; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following:

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The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for State purposes, all or any combination of the following types of tangible personal property: (1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia. The exemption provided for herein shall apply only to tangible personal property which is substantially modified, altered or changed in the ordinary course of the taxpayer's manufacturing, processing or production operations in this State. (2) Inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is produced or manufactured. (3) Inventory of finished goods which, on the first day of January, are stored in a warehouse, dock or wharf, whether public or private, and which are destined for shipment to a final destination outside the State of Georgia and inventory of finished goods which are shipped into the State of Georgia from outside this State and stored for transshipment to a final destination outside this State. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is stored in this State. All property that is claimed to be exempt under the provisions of this subsection shall be designated as being `in transit' upon the official books and records of the warehouse, dock, or wharf, whether public or private, where such property is being stored. Such official books and records shall contain a full, true, and accurate inventory of all such property,

Page 1757

including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such `in transit' property, shall be at all times open to the inspection of all taxing authorities of this State and of any political subdivision of this State. As used in this Paragraph, the following words, terms and phrases are defined as follows: (a) `Finished Goods' shall mean goods, wares, and merchandise of every character and kind, but shall not include unrecovered, unextracted, or unsevered natural resources, or raw materials, or goods in the process of manufacture or production, or the stock-in-trade of a retailer. (b) `Raw Materials' shall mean any material whether crude or processed that can be converted by manufacture, processing, or combination into a new and useful product, but shall not include unrecovered, unextracted, or unsevered natural resources. Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided herein, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined herein which are being proposed to exempted from taxation. The election superintendent 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 governing authority of any county or municipality wherein an exemption has been approved by the voters as provided herein may, by appropriate resolution, a copy

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of which shall be immediately transmitted to the State Revenue Commissioner, exempt from taxation 20%, 40%, 60%, 80% or all of the value of such tangible personal property as defined herein. Provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided herein. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the State Revenue Commissioner; provided, that such increase shall be in increments of 20%, 40%, 60%, or 80% of the value of such tangible personal property as defined herein, within the discretion of such governing authority. If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing with the next ensuing calendar year, otherwise such exemption may not be granted. Exemptions may only be revoked by a referendum election called and conducted as provided herein; provided, that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum. 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 any county or municipality, subject to the approval

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of the electors of such political subdivision, to exempt from ad valorem taxation all or a part of the value of certain tangible personal property held in certain inventories? All persons desiring to votte 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. TRANSPORTATION FUNDSPROVISIONS MADE FOR RECEIPT, ETC. Proposed Amendment to the Constituion. No. 161 (House Resolution No. 803-2013). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the receipt, administration, and disbursement of funds from the United States of America to plan, develop, promote, supervise, support, own, operate, or provide grants for safe and adequate transportation and services, public and private, including but not limited to air transportation, railroads, buses, terminals, waterways, airports, and port facilities; to provide for the exercise of the powers of taxation and the expenditure of public funds in connection therewith; 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 of the Constitution is

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hereby amended by adding at the end thereof a new paragraph to read as follows: Paragraph IV. Intermodal Transportation Funds . The General Assembly is authorized, notwithstanding any other provisions of this Constitution except those provisions relating to taxes on motor fuels, to provide by law for the receipt, administration, and disbursement of funds from the United States of America to plan, develop, promote, supervise, support, own, operate, or provide grants for safe and adequate transportation and services, public and private, including but not limited to air transportation, railroads, buses, terminals, waterways, airports, and port facilities and to exercise the powers of taxation and provide for the expenditure of public funds in connection therewith. 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 the State can receive federal funds for transportation purposes and to authorize the General Assembly to provide by law for the receipt, administration, and disbursement of said funds? 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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CERTAIN NONPROFIT HOMES FOR THE AGED EXEMPTED FROM CERTAIN TAXATION. Proposed Amendment to the Constitution. No. 164 (Senate Resolution No. 42). A Resolution. Proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from ad valorem taxation property of nonprofit homes for the aged which is used in connection with the operation of the home; to limit said exemption to homes for the aged which have no stockholders and no income or profit which inures to the benefit of any private person and are subject to the laws regulating nonprofit or charitable corporations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The General Assembly shall be authorized to exempt from ad valorem taxation property of nonprofit homes for the aged used in connection with their operation, provided that such homes for the aged have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are qualified as exempt organizations under the United States Internal Revenue Code of 1954, section 501, as amended, and are subject to the laws of Georgia regulating nonprofit and charitable corporations. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to exempt from ad valorem taxation certain property of nonprofit homes for the aged which have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations? 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. WORKMEN'S COMPENSATION SUBSEQUENT INJURY FUND CREATED. Proposed Amendment to the Constitution. No. 165 (Senate Resolution No. 71). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a Subsequent Injury Workmen's Compensation Trust Fund to be funded by monies derived from assessments levied against workmen's compensation insurance carriers and self-insurers in this State and from other sources; to provide for trustees; to provide for the collection, deposit, investment, and disposition of funds without the funds being placed in the State Treasury or

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being appropirated; to authorize appropriations; 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 II of the Constitution is hereby amended by adding at the end thereof a new Paragraph VII, to read as follows: Paragraph VII. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the creation of a Subsequent Injury Workmen's Compensation Trust Fund, to be used for the payment of a portion of the expenses of disability resulting to an employee from a combination of previous disability with subsequent injury incurred in employment. The General Assembly may provide that funding for such trust fund may be derived from assessments to be levied upon all insurance companies writing workmen's compensation insurance in this State and all self-insurers, appropriations, gifts and donations, and other sources. The General Assembly may also designate the Trustees of the fund and may provide for the administration of the fund. The General Assembly may authorize collection, deposit, and management of funds, and may provide for the disposition of the funds for purposes stated hereinabove without being placed in the State Treasury. 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 creation of a Subsequent Injury Workmen's Compensation Trust Fund, to be used for the payment of a portion of the expenses of a disability resulting to an

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employee from a combination of a previous disability with a subsequent injury incurred in employment, to be funded by assessments levied upon workmen's compensation insurance carriers, self-insurers, and by other sources? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CERTAIN DONATION OF SURPLUS STATE BOOKS PROVIDED. Proposed Amendment to the Constitution. No. 166 (Senate Resolution No. 112). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to permit the donation or gratuitous transfer of surplus books and other printed materials to certain nonprofit organizations; 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 I of the Constitution is hereby amended by adding a new paragraph at the end thereof, to read as follows: Any provision of this Paragraph to the contrary notwithstanding, the General Assembly is authorized to

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provide by law for the donation or gratuitious transfer of books and other printed materials, which are owned by the State and which have been found and declared to be surplus, to bona fide nonprofit civic, educational or charitable organizations when such books and materials, or the proceeds from the sale thereof, are to be used for bona fide civic, education or charitable activities or purposes. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to permit the donation or gift of surplus State-owned books to nonprofit civic, educational 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. CERTAIN COUNTY AND MUNICIPAL EXEMPTIONS FOR SOLAR ENERGY HEATING AND COOLING SYSTEMS PROVIDED. Proposed Amendment to the Constitution. No. 167 (Senate Resolution No. 284). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of any county or municipality

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to exempt from all ad valorem taxation all of the value of certain tangible property used in a solar energy heating or cooling system, and all of the value of certain tangible property consisting only of machinery and equipment directly used in the manufacture of solar energy heating or cooling systems; to provide for definitions; to provide for the submission of this amendment for ratification or rejection; to provide for the nullification and repeal of such exemption; 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 governing authority of any county or municipality may exempt from ad valorem taxation, including all such taxes levied for State, county, municipal, or school purposes, all of the value of certain tangible property used in a solar energy heating or cooling system, and all the value of certain tangible property consisting only of machinery and equipment directly used in the manufacture of solar energy heating or cooling systems. For the purposes of this subparagraph, solar energy heating or cooling systems shall mean and include all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating or cooling, but shall not include walls, roofs or equipment that would ordinarily be contained in a similar structure not designed or modified to use solar energy for heating or cooling. For the purposes of this exemption, the term `heating' shall also mean and include water heating and drying. This subparagraph shall be repealed and shall be null and void effective July 1, 1986. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize local governments to exempt solar energy equipment from ad valorem property taxes until 1986? 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. DEPARTMENT OF COMMUNITY DEVELOPMENTNAME CHANGED TO DEPARTMENT OF INDUSTRY AND TRADE, ETC. Proposed Amendment to the Constitution. No. 168 (Senate Resolution No. 307). A Resolution. Proposing an amendment to the Constitution to change the name and designation of the Department of Community Development to the Department of Industry and Trade; to change the name and designation of the Board of Community Development to the Board of Industry and Trade; 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 X, Paragraph I of the Constitution is hereby amended by striking Paragraph I

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in its entirety and substituting in lieu thereof a new Paragraph I, to read as follows: Paragraph I. There is hereby created the Department of Industry and Trade in lieu of and as successor to the Department of Community Development. Wherever the words Department of Community Development are used in any statute, they shall be held and taken to mean the Department of Industry and Trade. There is hereby created a Board of Industry and Trade in lieu of and as successor to the Board of Community Development. Wherever the words Board of Community Development are used in any statute they shall be held and taken to mean the Board of Industry and Trade. The Board shall be composed of twenty members, two from each Congressional District in the State. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Department as shall be provided by law. Nothing herein shall affect the terms of office of members of the Board now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified as hereunder provided. The successors to such members, except in case of an appointment to fill a vacancy, shall be for six years dating from April 1 of the beginning year of such term. The Governor shall appoint all successors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired term. In making appointments to the Board, the Governor shall insure that there is representation from local governments and area planning and development commissions as provided by law. The Board shall appoint a Commissioner who shall be the Executive Officer and Administrative Head of the Department. Section 2 . Article V, Section X, Paragraph II of the Constitution is hereby amended by striking Paragraph II in its entirety and substituting in lieu thereof a new Paragraph II, to read as follows:

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Paragraph II. In addition to such powers and duties as may from time to time be conferred upon the Board of Industry and Trade and the Department of Industry and Trade, the Board of Industry and Trade shall be authorized to participate with any county, municipality, nonprofit organization, or any combination thereof, in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this State, notwithstanding any other provisions of this Constitution to the contrary. Section 3 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to change the name and designation of the Department of Community Development to the Department of Industry and Trade and to change the name and designation of the Board of Community Development to the Board of Industry and Trade? 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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CONSTITUTIONAL EXECUTIVE OFFICERSDISABILITYSUCCESSION TO OFFICE PROVIDED, ETC. Proposed Amendment to the Constitution. No. 169 (Senate Resolution No. 313). A Resolution. Proposing an amendment to the Constitution to provide for the succession to office of any elected Constitutional Executive Officer upon a determination of physical or mental disability by the Supreme Court of Georgia; 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 of the Constitution is hereby amended by adding at the end thereof a new section to be designated section XII to read as follows: Section XII. Paragraph I. Except as otherwise provided in this Constitution, if any elected Constitutional Executive Officer is unable to perform the duties of his office because of a permanent physical or mental disability, determined, after hearing evidence including testimony from not less than three qualified physicians in private practice, one of whom must be a psychiatrist, not employed in any capacity by State, federal or local governments, by the Supreme Court of Georgia upon a petition of any four elected Constitutional Executive Officers, such office shall be declared vacant and the successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. If upon such petition, it is determined that the disability is not permanent, the Supreme Court shall determine when the disability has ended and the officer shall resume the exercise of his powers. During the period of temporary disability the powers of such office shall be exercised as provided for by this Constitution

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or the laws enacted in pursuance thereof. As used in this section the term `elected constitutional executive officer' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Comptroller General, the Commissioner of Agriculture and the Commissioner of Labor. The Supreme Court shall by appropriate rule provide for a speedy and public hearing, including notice of the nature and cause of the accusation, process for obtaining witnesses and the assistance of Council. 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 removal of disabled Executive Officers? 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. SPALDING COUNTY BOARD OF COMMISSIONERSREGULATION OF BUSINESSES IN UNINCORPORATED AREA PROVIDED. Proposed Amendment to the Constitution. No. 170 (Senate Resolution No. 342). A Resolution. Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Spalding

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County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commission and to otherwise regulate and exercise police powers over businesses operated within the unincorporated areas of said County except those businesses regulated by the Public Service Commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph to read as follows: The Board of Commissioners of Spalding County, Georgia, as the governing authority of said County, is hereby authorized and empowered to levy, assess and collect license fees and taxes from all persons, firms and corporations doing business in the unincorporated areas of said County except those businesses regulated by the Public Service Commission and is further authorized and empowered to classify all such businesses and business enterprises and to assess different fees and taxes against different classes of businesses being conducted in the unincorporated areas of said County except those businesses regulated by the Public Service Commission, and in order to provide for the public welfare, health and security of the people of Spalding County, the governing authority of said County is further authorized and empowered to regulate and exercise police powers over any businesses operated or conducted within the unincorporated areas of said County except those businesses regulated by the Public Service Commission and to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such regulations adopted by said governing authority of Spalding County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia.

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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 governing authority of Spalding County to levy, assess and collect business licenses and taxes from all persons, firms and corporations doing business in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commission, and to otherwise regulate and exercise police powers over any such businesses? 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. MOULTRIECOLQUITT COUNTY DEVELOPMENT AUTHORITY REVENUE BONDSMAXIMUM INTEREST RATE CHANGED. Proposed Amendment to the Constitution. No. 171 (Senate Resolution No. 361). A Resolution. Proposing an amendment to the Constitution so as to change the maximum interest rate on revenue bonds

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issued by the Moultrie-Colquitt County Development Authority; to authorize said Authority to borrow money from financial institutions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section V, Paragraph I of the Constitution, as amended particularly by resolution (Ga. L. 1960, p. 1402), ratified November 8, 1960, and a resolution (Ga. L. 1964, Extra Sess., p. 403), ratified November 3, 1964, is hereby amended by striking the following: I. The Authority is hereby authorized to issue revenue bonds to carry out the purposes of this amendment. Revenue bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determing the cost of any undertaking for which revenue bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding six percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, convenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be nontaxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of municipalities are validated as provided in Code sections 87-815 et seq.

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of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the supreme court or the court of appeals, the judgment of the superior court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority., and substituting in lieu thereof, the following: I. The Authority is hereby authorized to issue revenue bonds to carry out the purposes of this amendment. Revenue bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which revenue bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding eight percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, convenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be nontaxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of municipalities are validated as provided in Code sections 87-815 et seq. of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the supreme court or the court of appeals, the

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judgment of the superior court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security thereof against said Authority. In addition, the Authority is hereby authorized to borrow funds from financial institutions at a rate of interest not to exceed eight percent per annum. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to change the maximum interest rate on revenue bonds issued by the Moultrie-Colquitt County Development Authority and to authorize said Authority to borrow money from financial institutions? 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. DODGE COUNTY BOARD OF EDUCATIONELECTION OF MEMBERS PROVIDED, ETC. Proposed Amendment to the Constitution. No. 172 (Senate Resolution No. 377). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education

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of Dodge County by the qualified voters of said County and to provide for education districts in connection therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: (a) The Board of Education of Dodge County shall be composed of seven citizens of said County elected by the voters of said County as hereinafter provided. (b) One member of the said Board of Education shall be elected at large from the Dodge County School District and such member may reside anywhere within said Dodge County School District. (c) For the purpose of electing the remaining members of said Board of Education, Dodge County shall be divided into five Education Districts to be composed of that territory of Dodge County embraced within the Militia Districts thereof as follows: Education District 1: Militia District 384 (Eddins), Militia District 1455 (Empire) and That portion of Militia District 317 (Rawlins) which lies west of Gum Swamp Creek. Education District 2: Militia District 1456 (Mullis), Militia District 1709 (Plain Field), Militia District 1674 (Younker) and That portion of Militia District 317 (Rawlins) which lies east of Gum Swamp Creek. Education District 3: Militia District 1829 (McCranie), Militia District 1751 (Milan),

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Militia District 364 (Mitchell) and Militia District 339 (Pond Town). Education District 4: Militia District 1254 (Chauncey), Militia District 1438 (Clark), Militia District 1875 (Emmaus), Militia District 1881 (Jaybird), Militia District 1454 (Jones) and Militia District 1702 (Vilula). Education District 5: Militia District 349 (Lees). (d) Two members of the Board of Education shall be elected from Education District 5, and for the purpose of electing said members, there shall be two posts for Education District 5 to be designated Post 1 and Post 2. A member of the Board of Education shall be a resident of his respective Education District during his term of office, and a candidate for membership on said Board shall have been a resident of the Education District for which he offers for election at least one year prior to the date of his election. Each person offering for election as a member of said Board shall specify the Education District, and in the case of District 5, the Post for which he is offering. All members of the Board representing Education Districts shall be elected by a majority vote of the qualified voters voting within their respective Education Districts at the elections provided for hereinafter. The member elected at large shall be elected by a majority vote of the qualified voters of the entire Dodge County School District voting at the elections provided for hereinafter. All members of said Board shall be nominated and elected in accordance with the provisions of Georgia Code Title 34 known as the Georgia Election Code, as now or hereafter amended. (e) The first members of the Board from the Dodge County School District at large and from Education Distrists 1, 3 and 5, Post 1, shall be elected at a special election to be held on November 23, 1976, and shall take

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office on the first day of January, 1977, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The first member elected from the Dodge County School District at large, as hereinabove provided, shall be the successor to the incumbent member of the heretofore existing Board of Education of Dodge County, Mr. G. B. Birch, or his successor, and the term of office of such incumbent member is hereby fixed to expire on December 31, 1976. The first member elected for Education District 1, as hereinabove provided, shall be the successor to the incumbent member of the heretofore existing Board of Education of Dodge County, Mr. Norman Hardy, or his successor, and the term of office of such incumbent member is hereby fixed to expire on December 31, 1976. The first member elected from Education District 3, as hereinabove provided, shall be the successor to the incumbent member of the heretofore existing Board of Education of Dodge County, Mr. Jack Studstill, or his successor, and the term of office of such incumbent member is hereby fixed to expire on December 31, 1976. The first member elected from Education District 5, Post 1, as hereinabove provided, shall be the successor to the incumbent member of the heretofore existing Board of Education of Dodge County, Mrs. Myrtice Edwards, or her successor, and the term of office of such incumbent member is hereby fixed to expire on December 31, 1976. (f) For the period beginning on January 1, 1977, and ending on December 31, 1978, the Board of Education of Dodge County shall consist of the member elected from the Dodge County School District at large and the three members from Education Districts 1, 3, and 5, Post 1, elected at the special election to be held on November 23, 1976, as hereinabove provided and the three other members of the heretofore existing Board of Education of Dodge County, Mr. Math Parkerson, Mr. Stuart Kelley

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and Mr. Jimmy Andrews, or their successors, and the terms of office of such three members of such heretofore existing Board are hereby fixed to expire on December 31, 1978. (g) The first members of the Board from Education Districts 2, 4 and 5, Post 2, shall be elected at the general election of 1978, and shall take office on the first day of January, 1979, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (h) Vacancies which occur on the Board by death, resignation, removal from the Education District or for any other reason shall be filled by the remaining members of the Board electing a successor to serve until a successor is elected at the next general election to serve for the unexpired term or for a full term, as the case may be. Any person elected by the Board or at the general election to fill a vacancy shall be a resident of the Education District in which the vacancy occurred. (i) The Board of Education of Dodge County provided for herein shall be subject to all constitutional and statutory provisions of this State relative to county boards of education and the members thereof, except as otherwise provided herein. (j) This amendment to the Constitution shall become effective immediately upon the certification by the Secretary of State of the results of the election at which this amendment was ratified. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the election of the members of the Board of Education of Dodge County by the qualified voters of said County and to provide for education districts in connection therewith? 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. LIBERTY COUNTY INDUSTRIAL AUTHORITYMEMBERSHIP CHANGED. Proposed Amendment to the Constitution. No. 173 (Senate Resolution No. 381). A Resolution. Proposing an amendment to the Constitution so as to change the provisions relating to the membership of the Liberty County Industrial Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section V of the Constitution is hereby amended by striking from Paragraph I the following:

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There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of a minimum of three (3) and a maximum of five (5) citizens of Liberty County appointed by the governing authority of Liberty County and the Representative of Liberty County in the General Assembly. The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall appoint them, and the Representative shall serve a term which shall coincide with his term in the General Assembly., and inserting in lieu thereof the following: There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of one member appointed by the governing authority of Liberty County, one member appointed by the governing authority of the City of Hinesville and one member to be appointed by the governing body of the Liberty County Chamber of Commerce, provided that no member may be an elected official of the City of Hinesville or Liberty County. The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall appoint them, and the member appointed by the governing body of the Liberty County Chamber of Commerce shall serve a term of four years. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to change the provisions relating to the membership of the Liberty County Industrial 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. DeKALB COUNTYALLOCATION OF REVENUE FOR ART PURPOSES PROVIDED. Proposed Amendment to the Constitution. No. 174 (Senate Resolution No. 393). A Resolution. Proposing an amendment to the Constitution so as to provide for the allocation of a certain amount of DeKalb County revenue for the support and development of the arts in DeKalb County for a certain period of time; to provide for the proposal and approval of arts projects; to provide for the use of funds allocated pursuant to this amendment; to authorize the General Assembly to provide for additional matters by law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article XV of the Constitution is hereby amended by adding at the end of said Article a new section to read as follows: Paragraph I. Beginning with calendar year 1977 and ending at the end of calendar year 1986, the governing authority of DeKalb County shall allocate for the purposes of this section an amount of county revenue equal to the

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amount of revenue that would be produced by the levy of one-tenth mill against the property tax digest for the year. Paragraph II. The funds allocated for the purpose of this section pursuant to Paragraph I shall be used for projects to support and develop the arts in DeKalb County. In order to receive funds pursuant to this section, a project must be proposed by the DeKalb County Arts Council to the DeKalb Recreation, Parks and Cultural Affairs Advisory Board which shall approve or reject such proposal. If a project is approved by said Board, it shall be submitted to the governing authority of DeKalb County for its approval or rejection. Only those projects which have been proposed by the DeKalb County Arts Council and approved by the DeKalb Recreation, Parks and Cultural Affairs Advisory Board and the governing authority of DeKalb County shall be funded pursuant to this section. None of the funds allocated pursuant to this section shall be used for compensation of employees of the county. The funds allocated for the purposes of this section may be invested and accumulated. Interest on the funds allocated pursuant to this section shall be used for the purposes of this section. Paragraph III. The governing authority of DeKalb County may issue bonds to pay for arts projects proposed and approved in accordance with Paragraph II. The principal and interest on such bonds shall be paid only from funds allocated pursuant to this section. Paragraph IV. Nothing in this section shall limit or prohibit the expenditure of other public or private funds for the arts. Paragraph V. Any funds allocated pursuant to this section which have not been committed for an arts project by December 31, 1986, shall be paid into the county treasury and may be used for any county purpose authorized by law.

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Paragraph VI. The General Assembly may by law provide for additional matters relative to the implementation of this Section. 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 allocation for the support and development of the arts in DeKalb County funds equal to the amount of revenue produced by the levy of one-tenth mill against the property tax digest of DeKalb County and to provide that such allocation shall continue for ten years? 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. PROVISION MADE FOR GOVERNOR TO SUCCEED HIMSELF. Proposed Amendment to the Constitution. No. 175 (House Resolution No. 493-1322). A Resolution. Proposing an amendment to the Constitution so as to allow a Governor to succeed himself for one four-year term;

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to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article V, section I 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. Governor; Term of Office; Salary, Etc. The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving at the time of the adoption of this amendment and future Governors shall be eligible to succeed themselves for one four-year term. In the event a Governor succeeds himself he shall not again be eligible to hold the office of Governor. In the event a Governor does not succeed himself he shall not be eligible to hold the office of Governor until after the expiraton of four years from the conclusion of his term. No Governor shall receive any emolument from the United States, or either of them, or from any foreign power. The State officers, required by this Constitution to be elected at the same time, for the same term, and in the same manner as the Governor shall also hold office for four years. 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 allow a Governor to succeed himself for one four-year term? 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. DODGE COUNTY AUTHORIZED TO EXEMPT CERTAIN PROPERTY FROM TAXATION. Proposed Amendment to the Constitution. No. 176 (House Resolution No. 498-1333). 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 transshipment facilities by authorizing the governing authority of Dodge County or any municipal corporation within Dodge County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Dodge County in transit through Dodge County from outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Dodge 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:

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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 transshipment facilities, the governing authority of Dodge County or any municipal corporation within Dodge 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 Dodge 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 Dodge 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, storage and transshipment facilities, the governing authority of Dodge County or of any municipal corporation within Dodge County shall

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have the power to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Dodge County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Dodge 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. CITY OF MARIETTACERTAIN INCOME EXCLUDED IN QUALIFYING FOR CERTAIN HOMESTEAD EXEMPTION. Proposed Amendment to the Constitution. No. 177 (House Resolution No. 541-1498). A Resolution. Proposing an amendment to the Constitution, so as to exclude certain retirement, pension or disability benefits, up to a maximum amount, in determining income for the purpose of persons 62 years of age or over or persons who are totally disabled qualifying for the homestead exemption of $2,000.00 from ad valorem taxation by the City of Marietta; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia:

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Section 1 . Act VII, section I, Paragraph IV of the Constitution is hereby amended by striking from said Paragraph the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Marietta who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said residents, exceeding $5,000.00 per annum, and each resident of the City of Marietta who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Marietta as long as any such resident of the City of Marietta actually occupies said homestead as his residence. Provided, however, under this provision, there shall be no more than one (1) $2,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Marietta. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Marietta, or with a person designated by the governing authority of the City of Marietta, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Marietta, or the person designated by the governing authority of the City of Marietta, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Marietta, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1968., and inserting in lieu thereof the following:

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Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Marietta who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said residents, exceeding $5,000.00 per annum, and each resident of the City of Marietta who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Marietta as long as any such resident of the City of Marietta actually occupies said homestead as his residence. For the purposes of this paragraph, 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 income for the purposes of this paragraph. Provided, however, under this provision, there shall be no more than one (1) $2,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Marietta. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Marietta, or with a person designated by the governing authority of the City of Marietta, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receive the benefits of such exemption as will enable the governing authority of the City of Marietta, or the person designated by the governing authority of the City of Marietta, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of

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Marietta, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 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 exclude certain retirement, pension or disability benefits, up to a maximum amount, in determining income for the purpose of persons 62 years of age or over or persons who are totally disabled qualifying for the homestead exemption of $2,000.00 from ad valorem taxation by the City of Marietta? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. COLUMBIA COUNTY AUTHORIZED TO LICENSE BUSINESSES IN ANY AREA OF COUNTY. Proposed Amendment to the Constitution. No. 178 (House Resolution No. 584-1569). A Resolution. Proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Columbia County

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shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Columbia County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following new paragraph: The Board of Commissioners of Columbia County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Columbia County, including any incorporated municipalities in said county; and the right and power to classify businesses and business enterprises, and to assess different fees and taxes against different classes of business, excepting from the application of these provisions only those businesses which are subject to regulation by the State Public Service Commission. The Board of Commissioners of Columbia County shall also have the right and power to license all businesses and business enterprises (which are not subject to regulation by the State Public Service Commission) in any area of Columbia County, including any incorporated municipalities in said county, in the interest of the welfare of the citizens of Columbia County, and to prescribe rules and regulations concerning the same, and to provide that violation of any license regulation adopted by the Board of Commissioners of Columbia County or the failure to pay any license fee or tax prescribed for any business shall constitute [UNK]a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the Board of Commissioners of Columbia County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Columbia County? All persons desiring to vote in favor of ratifying the the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HOUSTON COUNTYBRANCH OFFICES FOR COUNTY BUSINESS AUTHORIZED. Proposed Amendment to the Constitution. No. 179 (House Resolution No. 592-1620). A Resolution. Proposing an amendment to the Constitution so as to provide that in Houston County in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the board of education for the conduct of matters pertaining to 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 IX of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding any other provisions of this Constitution, in Houston County in addition to the county seat at which shall be located the principal offices and permanent records of all county officers, branch offices for the conduct of county business may be established elsewhere in the county by resolution of the governing authority of the county, and branch offices for the conduct of educational matters may be established elsewhere in the county by resolution of the Board of Education of Houston County. The governing authority and the board of education shall be authorized to take official action at such branch offices. No instrument shall be deemed recorded in the county until filed at the county seat according to 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 provide that in Houston County in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the board of education for the conduct of matters pertaining to education? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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FORSYTH COUNTY MERIT SYSTEM PROVIDED. Proposed Amendment to the Constitution. No. 180 (House Resolution No. 594-1620). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a merit system or civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part from the funds of Forsyth County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section IV of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly is hereby authorized to provide by law for a merit system or civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part from the funds of Forsyth County, and the General Assembly shall be further authorized to provide by law for all matters relative to such merit system or civil service system. 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 a merit system or civil service system for any or all persons,

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other than elected officials, whose wages or salaries are paid in whole or in part from the funds of Forsyth County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CLAYTON COUNTY JUSTICE OF PEACE JURISDICTION CHANGED. Proposed Amendment to the Constitution. No. 181 (House Resolution No. 595-1632). A Resolution. Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Clayton 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: 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 Clayton County the justices 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

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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 Clayton 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. DEKALB COUNTY SOLID WASTE DISPOSAL AUTHORITY. Proposed Amendment to the Constitution. No. 182 (House Resolution No. 626-1720). A Resolution. Proposing an amendment to the Constitution so as to create the DeKalb County Solid Waste Disposal Authority; to

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provide for powers, authority, funds, purposes and procedure; 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, Paragraph V of the Constitution is hereby amended by adding at the end thereof, the following: Paragraph A. Declaration of Need . Whereas, if the citizens and inhabitants of DeKalb County and environs are to receive adequate and economic solid waste disposal service, provision must be made for acquiring, constructing, improving, equipping, altering, repairing, operating and maintaining solid waste disposal facilities; Now, therefore, it is hereby declared that there exists in DeKalb County and environs a need for an Authority to function for the purpose aforesaid. Paragraph B. Creation of the Authority . There is hereby created a body corporate and politic to be known as the `DeKalb County Solid Waste Disposal 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, plead and be impleaded, and complain and defend in all courts of law and equity. Paragraph C. Purpose . The purpose of the Authority shall be to acquire, construct, improve, equip, alter, repair, operate and maintain or cause to be acquired, constructed, improved, equipped, altered, repaired, operated and maintained solid waste disposal facilities, and to take all other necessary or desirable action, in order to provide or make available adequate

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and economic facilities for solid waste disposal and related services for DeKalb County. Paragraph D. Members . The Authority shall consist of seven members to be appointed by the Board of Commissioners of DeKalb County; two members of the Authority shall be members of the Board of Commissioners of DeKalb County elected from commissioner districts and one member of the Authority shall be a member of the Board of Commissioners of DeKalb County elected by the voters of the entire county, said members so appointed shall be appointed for initial terms of two (2) years and thereafter their successors shall be appointed for terms of four (4) years, provided, however, that said members shall cease to be members of the Authority if they are no longer members of the Board of Commissioners of DeKalb County; and four members of the Authority shall be residents of DeKalb County who are not officers or employees of DeKalb County and shall be appointed for terms of four (4) years. The members shall be eligible for reappointment. Vacancies shall be filled for any unexpired term by the Board of Commissioners of DeKalb County. No vacancy shall impair the power of the Authority to act. The Authority is hereby empowered to elect a chairman, vice chairman and secretary from its members. The members of the Authority shall receive no compensation for their services on the Authority but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. Paragraph E. Definitions . As used in this amendment, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context: (1) `Authority' shall mean the DeKalb County Solid Waste Disposal Authority hereby created and any successor or successors thereto.

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(2) `Projects' and `solid waste disposal facility' shall mean systems, plants, works, instrumentalities, equipment and properties used or useful in connection with the collection, processing, treatment, incineration, transporting, reuse or disposal of solid waste 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 collection, processing, treatment, incineration, transporting, reuse and disposal of solid waste and may include a divided or undivided interest in any solid waste disposal facility in which the Authority shall participate as an owner in common with others. (3) `Cost of project' 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, fees, permits, approvals, licenses and certificates and the securing of such permits, approvals, licenses and certificates, all machinery and equipment, including motor vehicles which shall be used for the collection and transportation of solid waste; 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 incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement 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

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paid or reimbursed as such out of the proceeds of revenue bonds or notes issued hereunder for such project. (4) `Bonds' or `revenue bonds' shall mean any bonds issued by the Authority under the provisions of this amendment, including refunding bonds. (5) `Solid waste' shall mean garbage, refuse, rubbish, trash and other discarded solid materials, including, without being limited to, waste materials resulting from industrial, commercial, mining, governmental and agricultural operations, and from community activities, but does not include solids or dissolved materials in domestic sewerage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants; the word `garbage' shall include all putrescible wastes, including animal and vegetable matter, animal offal and carcasses and recognizable industrial by-products but excluding sewerage and human wastes; and, the word `refuse' shall include all nonputrescible wastes. Paragraph F. Conduct of Meetings . Any three (3) members shall constitute a quorum for the transaction of the business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes. Paragraph G. Powers . The Authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this amendment, including, but without limiting the generality of the foregoing, the power: (1) Litigation. To sue and to be sued in contract and in tort and to complain and defend in all courts of law and equity;

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(2) Seal. To adopt and alter a corporate seal; (3) 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 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 Authority shall not have the power of eminent domain under the provisions of any law of the State of Georgia applicable to the condemnation of property for public use. The powers to acquire, use, and dispose of property herein contained shall include the power to acquire, use, and dispose of any interest 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; (4) 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; (5) Waste Disposal. To acquire, by purchase or otherwise, in whole or in part, as aforesaid, and to place into operation and to operate or cause to be placed into operation and operated, either as owner of all or of any part in common with others, waste disposal lands, works, facilities and projects; and to provide adequate, dependable and economic solid waste disposal services for the citizens and inhabitants of DeKalb County. The Authority shall, also, have the power to collect, process, treat, incinerate, transport, reuse and dispose of solid waste; to buy, sell,

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lease, or otherwise acquire solid waste disposal apparatus of all kinds and machinery and devices for the collection, processing, treatment, incineration, reuse, transporting and disposal of solid waste; to purchase or construct part of the capacity of solid waste disposal projects sponsored and owned by or in common with others; to execute long or short-term purchase or sale contracts; to acquire or purchase solid waste from any person; to erect, buy, lease, or otherwise acquire, operate and maintain solid waste disposal projects; and to buy, lease or otherwise acquire, maintain and operate or cause to be maintained and operated motor vehicles for the collection and transportation of solid waste, all in the exercise of the powers of the Authority and to effectuate the purposes of this amendment; (6) Contracts. To make contracts, 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 acquired or constructed, and all private persons, firms and corporations and the State of Georgia and all political subdivisions, departments, instrumentalities or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease agreements or other undertakings relative to the furnishing of solid waste disposal service and facilities or either of them by the Authority to such municipal corporations and counties and by such municipal corporations and counties and by such municipal corporations and counties to the Authority for a term not exceeding 50 years. As to any political subdivision, municipal corporation, department, institution or agency of this State which shall enter into an agreement under the authority granted herein the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and hereby is pledged;

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(7) 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. 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 solid waste disposal facilities, the Authority may own an undivided interest in such facilities with any other party or parties. The Authority may enter into an agreement or agreements with respect to any such solid waste disposal 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 amendment 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 solid waste disposal facility by any one or more party 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 or 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; provided, however, the agent shall act for the benefit of the public. Notwithstanding 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

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be made binding upon the Authority without further action or approval of the Authority; (8) 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; (9) Investment. To invest any accumulation of its funds in any fund or reserve in any manner that public funds of the State of Georgia or its political subdivisions may be invested; (10) General. To do any and all things necessary or proper for the accomplishment of the objectives of this amendment 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 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;

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(11) Indebtedness. To borrow money for any of its corporate purposes and to issue notes; 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; and (12) Administration. To adopt, alter and repeal such bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. Paragraph H. Revenue Bonds . In addition to the purposes for which revenue bonds are now permitted by this Constitution to be issued, the Authority, in order to finance any project or to refund any revenue bonds then outstanding, is hereby authorized to issue revenue bonds bearing interest at the rate or rates and maturing in the years and amounts determined by the Authority, and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as heretofore or hereafter amended, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any propert real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any revenue bonds of the Authority. Paragraph I. Dissolution of Authority . Should the Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution

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shall revert to DeKalb County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Paragraph J. Taxation . The Authority is created for nonprofit and public purposes, and it is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State of Georgia, that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this amendment, and for such reasons, the State of Georgia convenants with the holders from time to time of the revenue bonds issued hereunder that the Authority shall be required to pay no taxes or assessments imposed by the State of Georgia or any of its counties, municipal corporations, political subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, possession or supervision or leased by it to others, or upon it activities in the operation or maintenance of any such property or on any income derived by the Authority whether in the form of fees, rentals, charges, purchase price, installments or otherwise, and that the revenue bonds of the Authority, their transfer and the income therefore shall at all times be exempt from taxation within the State of Georgia. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority. Paragraph K. Rates and Charges . The Authority shall not operate or construct a project for profit except insofar as any such profit will inure to the benefit of the citizens and inhabitants of DeKalb County. 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

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on revenue bonds and other 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 any such revenue bonds or other obligations and for the improvement, replacement or expansion of the facilities or services of the Authority. Paragraph L. Immunity from Liability . (1) 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. (2) Credit Not Pledged. No revenue bonds or other obligations issued under provisions of this amendment shall constitute a debt of the State of Georgia or of DeKalb County. Paragraph M. Construction . This amendment, being for the welfare of DeKalb County and its inhabitants, shall be liberally construed to effect the purposes hereof. Paragraph N. Implementation . This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to create the DeKalb County Solid Waste Disposal Authority for the purpose of acquiring, constructing, improving, equipping, altering, repairing, operating and maintaining solid waste disposal facilities with the power to borrow money and issue revenue bonds to finance the cost of accomplishing the foregoing? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. SPALDING COUNTY BOARD OF COMMISSIONERS AUTHORIZED TO REGULATE BUSINESSES IN UNINCORPORATED AREA. Proposed Amendment to the Constitution. No. 183 (House Resolution No. 706-1815). A Resolution. Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Spalding County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commission and to otherwise regulate and exercise police powers over businesses operated within the unincorporated areas of said County except those businesses regulated by the Public Service

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Commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph to read as follows: The Board of Commissioners of Spalding County, Georgia, as the governing authority of said County, is hereby authorized and empowered to levy, assess and collect license fees and taxes from all persons, firms and corporations doing business in the unincorporated areas of said County except those businesses regulated by the Public Service Commission and is further authorized and empowered to classify all such businesses and business enterprises and to assess different fees and taxes against different classes of business being conducted in the unincorporated areas of said County except those businesses regulated by the Public Service Commission, and in order to provide for the public welfare, health and security of the people of Spalding County, the governing authority of said County is further authorized and empowered to regulate and exercise police powers over any businesses operated or conducted within the unincorporated areas of said County except those businesses regulated by the Public Service Commission and to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such regulations adopted by said governing authority of Spalding County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to authorize the governing authority of Spalding County to levy, assess and collect business licenses and taxes from all persons, firms and corporations doing business in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commission, and to otherwise regulate and exercise police powers over any such businesses? 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 CAMILLA DEVELOPMENT AUTHORITY ESTABLISHED. Proposed Amendment to the Constitution. No. 184 (House Resolution No. 721-1868). A Resolution. Proposing an amendment to the Constitution so as to establish the Downtown Camilla Development Authority and to provide for the powers, duties, and responsibilities of said authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following:

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1. There is hereby created in the City of Camilla, Mitchell County, Georgia, the Downtown Camilla Development Authority, to be composed of nine (9) members, seven (7) of whom shall be owners of an interest of at least a life estate or greater interest in real estate located in the Downtown Camilla Area, as hereinafter defined, or officers at the time of appointment of a corporation or other association owning such real estate or in fee or for life of an undivided interest in such real estate, and they shall be eligible to serve for the term for which they are appointed; one member shall be the Mayor of the City of Camilla by virtue of his office and one (1) member shall be the Camilla District member of the Mitchell County Board of Commissioners by virtue of his office and the other seven (7) shall be owners of property in the Downtown Business District of Camilla, as hereinafter defined. All members shall be residents of Mitchell County. The Mayor of the City of Camilla shall serve during his term of office as mayor. The County Commission member shall serve during his term of office as commissioner. The other seven (7) members shall be elected by the property owners of the Camilla Downtown Business District with three (3) of them initially serving three (3) years, three (3) of them initially serving two (2) years and one (1) of them initially serving one (1) year. Election thereafter shall be for three (3) year terms. The Downtown Camilla Development Authority shall adopt and abide by its own by-laws establishing meeting dates, quorums, the recalling of members and other pertinent procedures. 2. The Camilla Downtown Business District shall consist of that area Beginning at the northeast corner of Bank of Camilla property and run along the east side of said property south to Broad Street; run thence west along Broad Street to the northeast corner of the Post Office property, run thence along the east side of the Post Office property and an extension of said line south to Stevens Street; run thence west along Stevens Street to South Scott Street, thence north along South Scott Street to the northeast corner of the Southern Bell property, run thence west along the north line of Southern Bell

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lot to Butler Street, run thence north along Butler Street and a proposed extension thereof to Oakland Avenue, run thence east along Oakland Avenue to the intersection with North Butler Street run thence north along North Butler Street to the northwest corner of the Piggly Wiggly property, run thence along the north side of the Piggy Wiggly property to North Scott Street, run thence south along North Scott Street to its intersection with the GASC Railroad right of way, run thence along said railroad right of way in a northeasterly direction to North Harney Street, continuing in an easterly direction along said railroad right of way to an extension of City Hall Alley, run thence south along said alley to Oakland Avenue, run thence east along Oakland Avenue to the northeast corner of property owned by Planters Citizens Bank, run thence south along the east margin of said bank property to the north margin of the City Hall lot, run thence to and along the north margin of Bank of Camilla property to the northeast corner thereof and the Point and Place of beginning. 3. The Downtown Camilla Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell and convey real and personal property, tangible or intangible at public or private sale with or without advertisement, and to do all things necessary to the accomplishment of its purposes. 4. The purpose of said Authority shall be the redevelopment and improvement of the Camilla Downtown Business District and said Authority shall have the power to employ engineers, architects, surveyors, landscape architects, planners and others in the furtherance of its purpose, to assist public bodies and private owners in the improvement of public and private properties by assisting in the planning therefor, to contract for the construction, remodeling, altering and demolition of buildings, and to contract with the City of Camilla and other public bodies for the construction, reconstruction, altering and changing streets, alleys, parking lots and malls.

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5. The Authority shall have the power to designate the Camilla Downtown Business District as a special tax district and collect taxes within said district not exceeding five mills based on values fixed by the tax digest of the City of Camilla, Georgia, or the tax digest of the County of Mitchell as provided by law, to defray the costs of foregoing, and to issue executions and enforce payment of same in the same manner as tax executions for the City of Camilla are issued and enforced. Such executions shall be issued in the name of the Authority and shall be signed by an Authority member as chairman or clerk. Said tax executions shall bear interest and fi. fa. costs at the same rate and amount as tax executions of the City of Camilla. All taxes levied by the Authority shall become due and payable at the same time as ad valorem taxes levied by the City of Camilla. The Authority may contract with the City of Camilla for the collection of any taxes levied by the Authority. 6. The Authority shall have the power to issue notes or other evidences of indebtedness including revenue bonds or revenue certificates, and to pledge revenues and to levy and collect taxes as hereinabove provided for the retirement of said indebtedness and to issue executions for enforcement thereof as provided in Paragraph 5, provided, however, that the aggregate levy of taxes as provided for in Paragraph 5 of this paragraph shall not exceed five mills. Obligations of the Authority may be secured by the pledge or conveyance of all or any part of its assets, real or personal, tangible or intangible, but the obligations of the Authority shall not be obligations of the City of Camilla or the State of Georgia. The Authority shall have the right to accept gifts and grants from whatever source and use them for its general purpose. The property, obligations and the interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligation of the City of Camilla. 7. No taxes shall be levied by said Authority for any purpose against property other than real property or against any real property occupied by the owner exclusively

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as a residence or against any real property not subject to taxation by the City of Camilla. 8. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. 9. No funds of the Authority, except for planning, engineering and design, shall be spent on the improvement of private property. 10. This amendment is self-enacting and does not require any enabling legislation for it to become effective, however, the General Assembly may by law further define and prescribe the powers and duties of the Authority, and may enlarge the same and may likewise further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the establishment of a Downtown Camilla 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

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of the Constitution of this State, and shall be effective immediately upon proclamation of its ratification by the Governor. PAULDING COUNTY AUTHORIZED TO ENTER CERTAIN CONTRACTS. Proposed Amendment to the Constitution. No. 185 (House Resolution No. 776-1959). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Paulding 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 30 years with individuals, private firms and corporations for the lease, leasepurchase, purchase and acquisition or financing of (1) land and a building to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and to obligate said county to pay for the use of the building and related facilities from tax funds and other sources; to provide that any obligation made by Paulding County, Georgia, hereunder shall not limit, alter or affect the right of the county to otherwise operate its financial affairs pursuant to Article VII, Section VII, Paragraphs I, II, III and IV of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

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Any other provisions of the Constitution to the contrary notwithstanding, the governing authority of Paulding County is hereby authorized to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof, with individuals, private firms and corporations for any period not exceeding thirty (30) years for the lease, lease-purchase, purchase and acquisition or financing of (1) land and a building to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and to obligate said county to pay for the use of the building and related facilities from tax funds and other sources. Any obligation made by Paulding County, Georgia, hereunder shall not limit, alter or affect the right of the county to otherwise operate its financial affairs pursuant to Article VII, Section VII, Paragraphs I, II, III and IV of the Constitution of Georgia. 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 Paulding County to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof, for any period not exceeding thirty (30) years with individuals, private firms and corporations for the lease, lease-purchase, purchase and acquisition of financing of (1) land and a building

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to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and to obligate said county to pay for the use of the building and related facilities from tax funds and other sources; and to provide that any obligation made by Paulding County, Georgia, hereunder shall not limit, alter or affect the right of the county to otherwise operate its financial affairs pursuant to Article VII, Section VII, Paragraphs I, II, III and IV of the Constitution? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. JEFFERSON COUNTYCERTAIN MINERAL-PROCESSING AND PRIMARY METAL ESTABLISHMENTS EXEMPT FROM TAXATION. Proposed Amendment to the Constitution. No. 186 (House Resolution No. 795-1995). A Resolution. Proposing an amendment to the Constitution so as to encourage economic development and to promote the orderly development of Georgia's mineral resources by providing that certain capital improvements of mineral-processing and primary metal establishments shall be exempt from all county ad valorem taxes; though not ad valorem taxes

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levied for school purposes, in Jefferson County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section I, Paragraph IV of the Constitution of Georgia is hereby amended by adding at the end thereof the following: To encourage economic development and to promote the orderly development of Georgia's mineral resources, all capital improvements of each mineral-processing and primary metal establishment located in Jefferson County, Georgia, erected or installed after the effective date hereof, shall be exempt from all county ad valorem taxes, though not ad valorem taxes levied for school purposes, for the five-year period subsequent to the year during which the capital improvements are completed, provided that the cost thereof exceeds $50,000,000. For the purpose of this exemption the term `mineral-processing and primary metal establishment' shall mean and include every person, firm, partnership, or corporation engaged in refining, rectifying or combining different minerals for use. The term `capital improvements' shall mean and include buildings and installed machinery and equipment, directly connected with and used in the mineral-processing and primary metal procedures. 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 encourage economic development of Georgia's mineral resources by exempting certain capital improvements of mineral-processing and primary metal

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establishments from ad valorem taxes levied by Jefferson County, with the exception of school taxes for a period of five years? 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. ECHOLS COUNTY PROBATE JUDGEADDITIONAL DUTIES OF COUNTY COURT JUDGE PROVIDED. Proposed Amendment to the Constitution. No. 187 (House Resolution No. 804-2013). A Resolution. Proposing an amendment to the Constitution so as to provide that effective January 1, 1979, the Judge of the Probate Court of Echols County shall be also the Judge of the County Court of Echols County and to provide for the compensation of said officer until otherwise provided by law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VI, Section VI of the Constitution is hereby amended by adding at the end thereof the following paragraph: Effective January 1, 1979, the Judge of the Probate Court of Echols County shall be also and is hereby designated the Judge of the County Court of Echols County.

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The Judge of the County Court of Echols County elected at the 1976 general election shall serve until December 31, 1978, and the term of office of said Judge is hereby shortened to expire on December 31, 1978. On January 1, 1979, the Judge of the Probate Court of Echols County shall be vested with all the powers and duties as Judge of the County Court of Echols County as well as the powers and duties of the Judge of the Probate Court of Echols County. The compensation of the Judge of the Probate Court of Echols County also serving as Judge of the County Court of Echols County shall be as provided by local law, but until otherwise provided by local law, such Judge shall receive an annual salary of $5,000.00 which shall be payable in equal monthly installments from the funds of Echols County. The governing authority of Echols County shall be authorized to increase said salary by 5% at the beginning of each new four-year term of office with the first such increase, at the discretion of said governing authority, becoming effective on January 1, 1981. Effective January 1, 1979, and thereafter, all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed the Judge of the Probate Court of Echols County and the Judge of the County Court of Echols County for services in any capacity shall be paid into the treasury of Echols County on or before the 15th day of each month next following the month in which they were collected or received. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that effective January 1, 1979, the Judge of the Probate Court of Echols County shall be also the Judge of the

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County Court of Echols County and to provide for the compensation of said officer until otherwise provided by law? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. LIBERTY COUNTY INDUSTRIAL AUTHORITYMEMBERSHIP CHANGED Proposed Amendment to the Constitution. No. 188 (House Resolution No. 806-2034). A Resolution. Proposing an amendment to the Constitution so as to change the provisions relating to the membership of the Liberty County Industrial Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section V of the Constitution is hereby amended by striking from Paragraph I the following: There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of a minimum of three (3) and a maximum of five (5) citizens of Liberty County appointed by the governing authority of Liberty County and the Representative of Liberty County in the General Assembly.

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The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall appoint them, and the Representative shall serve a term which shall coincide with his term in the General Assembly., and inserting in lieu thereof the following: There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of one member appointed by the governing authority of Liberty County, one member appointed by the governing authority of the City of Hinesville and one member to be appointed by the governing body of the Liberty County Chamber of Commerce, provided that no member may be an elected official of the City of Hinesville or Liberty County. The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall appoint them, and the member appointed by the governing body of the Liberty County Chamber of Commerce shall serve a term of four years. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to change the provisions relating to the membership of the Liberty County Industrial 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.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DEKALB COUNTY BOARD OF COMMISSIONERS AUTHORIZED TO PAY CERTAIN CLAIMS. Proposed Amendment to the Constitution. No. 189 (House Resolution No. 808-2034). A Resolution. Proposing an amendment to the Constitution so as to authorize the Board of Commissioners of DeKalb County, Georgia, to pass ordinances, resolutions, rules and regulations authorizing the payment of certain claims from the county treasury not to exceed two hundred dollars per claimant in any one fiscal year; to provide procedures for the processing of said claims; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section I, Paragraph II of the Constitution (Ga. Code Ann. Section 2-5402), is hereby amended by adding at the end thereof the following: The Board of Commissioners of DeKalb County, Georgia, as the governing authority of said county, in addition to all powers heretofore conferred upon it, is hereby authorized and empowered to pass ordinances, resolutions, rules and regulations for the payment of claims out of the treasury of DeKalb County to owners of personal property, which personal property has been injured, damaged or destroyed by employees of DeKalb County who injure, damage or destroy same within the scope of their employment. The Board of Commissioners shall have no authority to pay any claim in excess of two hundred dollars and such authority shall not

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extend to the payment of any claim for personal injuries resulting from the misconduct, whether same be wilful or wanton, or negligence of said employees, unless otherwise authorized by this Constitution or by law except as otherwise provided herein, and nothing herein shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by DeKalb County, as a political subdivision of the State of Georgia, or other public body, or member of the governing authority of DeKalb County, or immunity or privilege of any kind now or hereafter enjoyed by any supervisor, administrator, employee or other elected or appointed officer, public body, board, or agency, of DeKalb County, Georgia. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the Board of Commissioners of DeKalb County, Georgia, to pass ordinances, resolutions, rules and regulations permitting payment not in excess of two hundred dollars to owners of personal property injured, damaged or destroyed by employees of DeKalb County, Georgia, who injured, damaged or destroyed same within the scope of their employment? 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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MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITYBOND PROVISIONS CHANGED. Proposed Amendment to the Constitution. No. 190 (House Resolution No. 810-2037). A Resolution. Proposing an amendment to the Constitution so as to authorize the Macon-Bibb County Urban Development Authority to issue bonds for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repairing and improving land, buildings, and facilities for use by the County of Bibb and the City of Macon, either or both, for their governmental, proprietary or administrative functions; to authorize the Macon-Bibb County Urban Development Authority, the County of Bibb and the City of Macon to enter into contracts and leases pertaining to the use of such facilities for terms not exceeding fifty years, obligating the County of Bibb and the City of Macon to pay such sums as may be agreed upon for the use of such facilities; to authorize the County of Bibb and the City of Macon to levy taxes in order to provide funds to make the payments required under any such contract or lease, and to expend money derived from taxation or other available sources and pledge same as provided in any such contract or lease with the Macon-Bibb County Urban Development Authority; to provide that bonds issued and contracts or leases entered into by the Macon-Bibb County Urban Development Authority shall not be deemed to constitute debts of the County of Bibb or the City of Macon within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia; to provide that said amendment is self-enacting and does not require any enabling legislation for it to become effective, but to authorize the General Assembly to amend the provisions of the Act creating the Macon-Bibb County Urban Development Authority in certain specified respects and otherwise in any manner not inconsistent with the provisions of said amendment; to ratify and confirm all amendments to said Act heretofore enacted by the General Assembly; to provide for the submission of this

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amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The Macon-Bibb County Urban Development Authority is further authorized to issue bonds for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repairing and improving land, buildings and facilities for use by the County of Bibb and the City of Macon, either or both, for their governmental, proprietary or administrative functions. Said Macon-Bibb County Urban Development Authority, the County of Bibb and the City of Macon are authorized to enter into contracts and leases pertaining to the use of such facilities for terms not exceeding fifty years, obligating the County of Bibb and the City of Macon to pay such sums as may be agreed upon for the use of such facilities. The County of Bibb and the City of Macon are authorized to levy taxes in order to provide funds to make the payments required under any such contract or lease, and to expend money derived from taxation or other available sources and pledge same as provided in any such contract or lease with the Macon-Bibb County Urban Development Authority shall not be deemed to constitute debts of the County of Bibb or the City of Macon within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may amend the provisions of the Act creating the Macon-Bibb County Urban Development Authority (Ga. L. 1974, p. 3093, et seq.) to make it more perfectly reflect the purposes, terms and provisions hereof, to further define the purposes of the Macon-Bibb County Urban Development Authority, to further define, prescribe and enlarge the powers

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and duties of said Authority (and of the County of Bibb and the City of Macon as same relate to the Authority and its undertakings) and the exercise thereof, to further regulate the management and conduct of said Authority, and to otherwise amend said Act in any manner not inconsistent with the provisions of this amendment as the General Assembly deems appropriate, and all amendments to said Act heretofore enacted by the General Assembly are hereby ratified and confirmed. Section 2 . When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the Macon-Bibb County Urban Development Authority to issue bonds for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repairing and improving land, buildings and facilities for use by the County of Bibb and the City of Macon, either or both, for their governmental, proprietary or administrative functions; to authorize the Macon-Bibb County Urban Development Authority, the County of Bibb and the City of Macon to enter into contracts and leases pertaining to the use of such facilities for terms not exceeding fifty years, obligating the County of Bibb and the City of Macon to pay such sums as may be agreed upon for the use of such facilities; to authorize the County of Bibb and the City of Macon to levy

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taxes in order to provide funds to make the payments required under any such contract or lease, and to expend money derived from taxation or other available sources and pledge same as provided in any such contract or lease with the Macon-Bibb County Urban Development Authority; to provide that bonds issued and contracts or leases entered into by the Macon-Bibb County Urban Development Authority shall not be deemed to constitute debts of the County of Bibb or the City of Macon within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia; to provide that said amendment is self-enacting and does not require any enabling legislation for it to become effective, but to authorize the General Assembly to amend the provisions of the Act creating the Macon-Bibb County Urban Development Authority in certain specified respects and otherwise in any manner not inconsistent with the provisions of said amendment, and all amendments to said Act heretofore enacted by the General Assembly are hereby ratified and confirmed? 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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LAKEVIEW-FORT OGLETHORPE-CATOOSA COUNTY STADIUM AUTHORITY. Proposed Amendment to the Constitution. No. 191 (House Resolution No. 812-2048). A Resolution. Proposing an amendment to the Constitution so as to create the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article XI of the Constitution is hereby amended by adding at the end thereof a new Section V, to read as follows: Section V. Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority . Paragraph I. Lakeview - Fort Oglethorpe - Catoosa County Stadium Authority .There is hereby created a body corporate and politic to be known as the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority, and which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of seven members. One of the initial members shall be appointed by the Catoosa County Board of Education, and may or may not be a member of the board, and shall serve for an initial term of office of three years. One of the initial members shall be appointed by the governing authority of Catoosa County, and shall serve for an initial term of office of two years, and two of the initial members shall be appointed by the governing authority of Catoosa County, and shall

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serve for initial terms of office of three years each. One of the initial members shall be appointed by the governing authority of the Town of Fort Oglethorpe, and shall serve for an initial term of office of one year, and two of the initial members shall be appointed by the governing authority of the Town of Fort Oglethorpe, and shall serve for initial terms of office of two years. Two of the members appointed by the governing authority of Catoosa County and two of the members appointed by the governing authority of the Town of Fort Oglethorpe shall be residents of the Tax District created in this Section. All members shall serve for their respective terms of office and until their respective successors are duly appointed and qualified. Following the terms of office of the initial members, successors shall be appointed by the members of the Authority immediately prior to the expiration of the terms of office of members. All members shall take office on the first day of January, with the initial members taking office on January 1, 1977. Following the terms of office of the initial members, the term of office of all members shall be for three years. Members of the Authority may succeed themselves. In the event of the death, resignation, removal, disability or vacancy from any other cause the members of the Authority shall appoint a successor for the remainder of the unexpired term of office. The members of the Authority shall elect one of their number as chairman, another as vice-chairman, and may also elect a secretary-treasurer, who need not necessarily be a member of the Authority. The chairman and vice-chairman, and secretary-treasurer shall serve for a period of one (1) year and until their successors are appointed and qualified. Four (4) members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority. The chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the

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case of a tie vote of the other members voting on said motion, resolution, or question. The members of the Authority shall serve wihtout compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Members of the Authority, shall give bond in the amount of $10,000 each, payable to the Authority and conditioned upon the faithful discharge of their duties. The costs of such bonds shall be paid from the funds of the Authority, provided that such bonds shall not be required until such time as the Tax District hereinafter provided for has been created. Members may be removed for cause by proper action brought in the Superior Court of Catoosa County. Paragraph II. Definitions .As used in this section, the following words or terms shall have the following meanings: (a) The word `Authority' shall mean the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority created by this Section. (b) The word `Project' shall be deemed to mean a stadium facility to be used, subject to the approval and consistent with the policies of the Board of Education of Catoosa County and the officials of Lakeview-Fort Oglethorpe High School, for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other public entertainments; together with parking facilities or parking areas in connection therewith, related recreational and other buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities. (c) The term `Cost of the Project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements, leases and franchises acquired, the cost

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of all machinery and equipment, financing charges, interest prior to and during the construction year, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, or the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Section for such project. (d) The terms `Bonds' and `Obligations' as used in this section, shall mean general obligation bonds and such type of obligations may be issued by the Authority as authorized under this Section and in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for in this section. (e) Any project shall be deemed `self-liquidating' if in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the principal and interest of the bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Paragraph III. Powers .The Authority shall have powers: (a) to have a seal and alter the same at its pleasure; (b) to accept gifts, grants and donations; (c) to acquire by purchase, lease or otherwise, and to hold, lease and dispose of, real and personal property, of every kind and character for its corporate purposes; (d) to construct the project, with the consent of the Board of Education of Catoosa County, on real property

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owned by or leased by the board of education and to enter into contracts and agreements for such purpose; (e) to appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (f) to make contracts, leases, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases or projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of Catoosa County or the Catoosa County Board of Education are hereby authorized to enter into contracts, leases or agreements, with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and boards of education and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the Authority to such municipal corporations, counties and boards of education for a term not exceeding fifty (50) years; (g) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of bonds or other revenues of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (h) to accept loans and grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;

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(i) to borrow money for any of its corporate purposes and to issue negotiable bonds for such purposes, and to provide for the payment of the same and for the rights of the holders thereof; (j) to do all things necessary or convenient to carry out the powers expressly given in this Section. Paragraph IV. Additional powers and duties .Upon completion of the project it shall be the duty of the Authority to lease the project to the Catoosa County Board of Education for a period extending two months past the date on which the bonds issued to pay for the construction of the project will be paid. The consideration for such lease shall be one dollar. The board of education shall have exclusive authority to manage, maintain and operate the project under the terms and conditions of the lease and is hereby authorized to establish, impose and collect fees, charges, tolls and rentals for the use of the project or any facilities thereof, which revenues shall be used by the board of education to offset the costs of operation and maintenance of the project. Upon the repayment of all funds borrowed by the Authority for the construction of the project, it shall be the duty of the Authority to convey all rights, title and interests of the Authority in the project to the Board of Education of Catoosa County. The consideration for such transfer shall be one dollar. The board of education is hereby authorized to expend funds of the board for the maintenance, operation, repair and upkeep of the project and to tax for such purpose. The board of education is hereby authorized to contract with the Authority in such manner and for such purposes as may be necessary or convenient to carry out the purposes of this Section, and may exercise such other powers as may be necessary or convenient for such purposes. Paragraph V. Taxation .For the purposes of constructing the projects of the Authority and payment of the general obligation bonds issued for such purposes and for the payment of the costs and expenses of the Authority, the Authority is hereby authorized to fix, levy, impose and collect an ad valorem property tax on all real and personal

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tangible property of each resident of the tax district hereinafter created. All property or portions of the value thereof which is exempt from ad valorem taxation for county purposes shall be exempt from the taxes imposed by the Authority. The Authority shall annually establish a millage rate for such taxes in the same manner, as nearly as practicable, as provided by law for the establishment of millage rates by the governing authority of Catoosa County. Upon the establishment of such millage rate the Authority shall notify the governing authority of Catoosa County and the tax officials of Catoosa County of the rate so fixed. It shall be the duty of the governing authority and the tax officials of Catoosa County to levy and collect such tax and to turn over the proceeds therefrom to the Authority. The same valuations, practices and procedures, time limitations and methods which are applicable to the imposition, levy and collection of county ad valorem taxes shall be applicable to the collection of taxes for the Authority. The revenues collected shall be turned over to the Authority monthly. The millage rate and the amount of taxes levied for the Authority shall be separately stated on tax notices issued by Catoosa County. The taxes levied by or for the Authority and the bonds issued by the Authority shall not affect or impair the ability of Catoosa County or the Catoosa County Board of Education to levy or impose taxes or incur bonded indebtedness under any other provision of law. No taxes shall be levied or collected by or for the Authority until the establishment of the tax district herein authorized has been approved as provided herein. Paragraph VI. Lakeview-Fort Oglethorpe Tax District .Upon the approval of the electors as herein provided the Lakeview-Fort Oglethorpe Tax District shall be established. The Tax District shall include all that area and territory located within Catoosa County within the following boundaries, to wit: The western boundary lines shall be the Walker County line, the northern boundary lines shall be the Tennessee State line. The eastern boundary lines shall follow the west Chickamauga Creek south of the Tennessee line

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until it intersects with the Battlefield Parkway, Georgia Highway 2-A, then follows 2-A until it intersects with the old Chickamauga Park line now owned by the Catoosa County Board of Education where it shall follow that line to its most southern point. The southern boundary line shall start at that point and follow the northern boundary of Chickamauga Battlefield until it intersects with the Walker County line. The Tax District shall not come into existence nor shall the Authority be authorized to levy taxes within such district or issue bonds until the creation of the district has been authorized in the referendum hereinafter provided in this Paragraph. Following creation of the Authority as provided in this Section the members of the Authority shall adopt a resolution directing the election superintendent of Catoosa County to issue the call for an election for the purpose of determining whether the Lakeview-Fort Oglethorpe Tax District shall be established. Not less than one nor more than 10 days after the receipt of such resolution it shall be the duty of the election superintendent to issue the call for such election. Those persons who are qualified to vote for members of the General Assembly who reside within the proposed district shall be eligible to vote in such election. The superintendent 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 superintendent 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 Catoosa County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Lakeview-Fort Oglethorpe Tax District be established and the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority be authorized to issue not more than $500,000 in bonds for the purpose of building a stadium and recreation facilities?

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All persons desiring to vote for the creation of the Tax District and construction of such facilities shall vote `Yes', and those persons desiring to vote against creation of the Tax District and construction of such facilities shall vote `No'. If more than one-half of the votes cast on such question are for creation of the Tax District, such Tax District shall thereupon immediately come into existence and the Authority shall thereupon be authorized to issue bonds as provided in this Section without further approval of the voters and shall further be authorized to tax within such Tax District. The expense of such election shall be borne by Catoosa County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Paragraph VII. Bonds .The Authority shall have power and is hereby authorized to provide by resolution for the issuance of negotiable bonds of the Authority, for the purpose of paying all or any part of the cost as herein defined of any one or more projects, provided, that the Authority shall not issue bonds with a total principal amount in excess of $500,000 during the existence of the Authority. The principal and interest of such bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of bonds. Paragraph VIII. Same; form; denominations; registration; place of payment .The Authority shall determine the form of the bonds, including any interest coupons

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to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within the State. The bonds may be issued in coupon or registered form or both, as the Authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Paragraph IX. Same; signatures; seal .In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Paragraph X. Same; negotiability; exemption, from taxation .All bonds issued under the provisions of this Section shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Paragraph XI. Same; sale; price .The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority.

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Paragraph XII. Same; proceeds of bonds .The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds, but not to exceed the total allowable principal amount thereof, may in like manner be issued, to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to be of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the funds, hereinafter provided, for the payment of principal and interest of such bonds. Paragraph XIII. 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. Following creation of the Tax District the Authority is hereby authorized to borrow funds for a period not to exceed two years for the purpose of the operation of the Authority. Paragraph XIV. Same; replacement of lost or mutilated bonds .The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Paragraph XV. Conditions precedent to issuance; object of issuance .Such bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this section relative to the creation of the Tax District. In the discretion of the Authority, bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of bonds under the provisions of this

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section shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Paragraph XVI. Credit not pledged .Bonds issued under the provisions of this section shall not be deemed to constitute a debt of the State of Georgia, Catoosa County, the Catoosa County Board of Education, or the Town of Fort Oglethorpe or a pledge of the faith and credit of said State, county, school board or town, but such bonds shall be payable solely from the funds hereinafter provided for, and the issuance of such bonds shall not directly, indirectly or contingently, obligate the State, county, school board or town to levy or to pledge any form of taxation whatever therefor, except as otherwise provided in this section, or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Paragraph. Paragraph XVII. Same; trust indenture as security .In the discretion of the Authority, any issuance of such bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within the State. Such trust indenture may pledge or assign tax funds, and other revenues to be received by the Authority. Either the resolution providing for the issuance of 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 and the construction of the project, and the custody, safeguarding and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor, and

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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. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of the project affected by such indenture and may be paid from any revenues or funds of the Authority. Such trust indenture may also provide for such protections for the purchasers and holders of the bonds of the Authority as is customary for trust indentures for general obligation bonds. Paragraph XVIII. Same; to whom proceeds of bonds shall be paid .The Authority shall provide, in the resolution providing for the issuance of bonds or in the trust indenture, for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this section and such resolution or trust indenture may provide. Paragraph XIX. Same; sinking funds .The taxes, revenues and earnings may be pledged and allocated by the Authority to the payment of the principal and interest on bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide and such funds so pledged, for whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking

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fund shall be pledged to and charged with the payment of (1) the interest upon such bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all 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, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds or improvements, additions to or extensions of the project, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Paragraph XX. Same; remedies of bondholders .Any holder of bonds issued under the provisions of this Section or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this section or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof. Paragraph XXI. Same; refunding bonds .The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any bonds issued under the provisions of this section and then outstanding, together with accrued interest thereon. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority

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in respect to the same, shall be governed by the foregoing provision of this section insofar as the same may be applicable. Paragraph XXII. Same; exemption from taxation; covenant of State .It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this section, and this State covenants with the holders of the bonds that the Authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervisions or upon its activities in the operation or maintenance of the projects erected by it or any fees, tolls or other charges for the use of such projects or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority; and shall not include exemptions from sales and use taxes on property purchased by the Authority or for use by the Authority. Paragraph XXIII. Same; venue and jurisdiction .Any action to protect or enforce any rights under the provisions of this section or any suit or action against such Authority shall be brought in the Superior Court of Catoosa County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Paragraph XXIV. Same; validation .Bonds of the Authority shall be confirmed and validated in accordance with any law requiring such confirmation and validation. The petition for validation shall also make party defendant to such action any municipality, county, board of education,

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authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for services and facilities of the project for which bonds are to be issued and sought to be validated, and such municipality, county, board of education, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, board of education, authority, subdivision or instrumentality contracting with the said Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority. Paragraph XXV. Same; interest of bondholders protected .While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority, will be created which will compete with the Authority to such an extent as to affect adversely the rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this section shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Paragraph XXVI. Purpose of the Authority .Without limiting the generality of any provisions of this section, the general purpose of the Authority is declared to be that of acquiring, constructing and equipping a stadium facility for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other entertainments, and parking facilities

Page 1847

and parking areas in connection therewith; for acquiring, constructing, equipping, maintaining and operating recreational centers and facilities and areas, including but not limited to a gymnasium and athletic facilities, parking facilities or areas in connection therewith and related buildings and the usual and convenient facilities appertaining to such undertakings; the extension and improvement of such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do so any and all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient and proper development and operation of such types of undertakings. The Catoosa County Board of Education shall operate and maintain such project as otherwise provided in this Section. Paragraph XXVII. Rates; charges and revenues; use .The Authority is hereby authorized, in anticipation of the collection of the tax revenues, to issue bonds as herein provided to finance, in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the tax revenues and income of the Authority. Paragraph XXVIII. Tort immunity .The Authority shall have the same immunity and exemption from liability for torts and negligence as Catoosa County and the Town of Fort Oglethorpe; 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 Catoosa County and the Town of Fort Oglethorpe when in the performance of their public duties or work. Paragraph XXIX. Powers declared supplemental and additional .The foregoing paragraphs of this section

Page 1848

shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers not existing. Paragraph XXX. Liberal construction of Section .This section being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof. Paragraph XXXI. Authority abolished; when .The Authority shall be abolished and shall perform no further duties or functions on the first day of the third month following the month in which the bonds issued for construction of the project have been repaid and cancelled. 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 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority and create a special taxing district the residents of which then can vote whether or not to allow the Authority to issue bonds to build a stadium? 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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WHITFIELD COUNTY SMALL CLAIMS COURT CREATED. Proposed Amendment to the Constitution. No. 192 (House Resolution No. 846-2071). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to create by law a Small Claims Court for Whitfield County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VI, Section I of the Constitution is hereby amended by adding, following Paragraph I, a new Paragraph IA, to read as follows: Paragraph IA. The General Assembly is hereby authorized to create by law a Small Claims Court for Whitfield County. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to create by law a Small Claims Court for Whitfield 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.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. FAYETTE COUNTY SUPERINTENDENT OF SCHOOLSAPPOINTMENT AUTHORIZED. Proposed Amendment to the Constitution. No. 193 (House Resolution No. 857-2077). A Resolution. Proposing an amendment to the Constitution so as to provide that effective January 1, 1981, the County School Superintendent of Fayette County shall be appointed by the Board of Education of Fayette County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VIII, Section VI, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: The Board of Education of Fayette County, effective January 1, 1981, shall appoint the County School Superintendent of Fayette County, and no election for County School Superintendent shall be held in 1980. Until such date, the County School Superintendent heretofore elected shall continue in office through December 31, 1980. The Superintendent shall serve at the pleasure of the Board of Education and shall be subject to all other provisions of this Constitution and laws not in conflict herewith. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that effective January 1, 1981, the County School Superintendent of Fayette County shall be appointed by the Board of Education of Fayette 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. WARE COUNTY OFFICERSRECALL PROVISIONS MADE. Proposed Amendment to the Constitution. No. 194 (House Resolution No. 859-2081). A Resolution. Proposing an amendment to the Constitution, so as to provide for the procedures for the recall of the Clerk of the Superior Court, Coroner, Judge of the Probate Court, Sheriff, Tax Commissioner, Treasurer, County Surveyor, Judge of the State Court and Solicitor of the State Court of Ware County or any member of the 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: Section 1 . Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:

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The Clerk of the Superior Court, Coroner, Judge of the Probate Court, Sheriff, Tax Commissioner, Treasurer, County Surveyor, Judge of the State Court and Solicitor of the State Court of Ware County or any member of the county board of education, shall be subject to recall at any time after his election upon petition in writing, signed by four hundred (400) or more qualified registered voters of Ware County. The petition for such recall election must be signed by not less than 25% of the qualified registered voters of said county who were on the list of registered voters for the last general election. Every person signing such petition must sign the same in the office of the Judge of the Probate Court of Ware County, and it must be signed in the presence of the Judge of the Probate Court or of an employee of 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 county officer shall be recalled. The Judge of the Probate Court shall allow such persons, from time to time, to count the number of names on said petition in order to determine whether a sufficient number of people have signed the petition. Such persons must notify the Judge of the Probate Court when they desire to officially present the petition to him. Provided, however, that no such petition shall be presented to the Judge of the Probate Court more than 90 days after it is first placed in the Judge's office for the purpose of obtaining signatures thereon. Any petition presented after such 90-day period shall be void and of no force and effect. It shall then be the duty of the Judge of the Probate Court to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. The Judge of the Probate Court must make his decision on the sufficiency of the petition within 15 days after the same is formally presented to him. In the event he determines that the petition is in order, it shall be his duty to issue the call for an election and such call shall be issued within 5 days after he determines that such petition is in order. He shall set the date of the election for not less than 30

Page 1853

nor more than 90 days from the date of the issuance of the call and shall publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof. The ballots used in such election shall state the name of the officer whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon the following: `Shall (name of officeholder), (name of office) be recalled and removed from office?'. The Judge of the Probate Court shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such recall election, and the officer so removed shall not be eligible to reelection or appointment to the unexpired term. It shall be the duty of the Judge of the Probate Court to certify the results of such election to the Secretary of State. If a majority of those voting in such election vote against recall, the officer shall retain his office. Vacancies created by a recall election shall be filled in the same manner as provided by law for the filling of other vacancies. In the event a recall election results in a majority of votes against recall no additional recall election against the same officer shall be held for at least two years. 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 procedures for the recall of the Clerk of the Superior Court, Coroner, Judge of the Probate Court, Sheriff, Tax Commissioner, Treasurer, County Surveyor, Judge of the State Court and Solicitor of the State Court of Ware County or any member of the county board of education?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CENTRAL ALBANY DEVELOPMENT AUTHORITY CREATED, ETC.REFERENDUM. Proposed Amendment to the Constitution. No. 195 (House Resolution No. 864-2084). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a Central Albany Development Authority and to provide for the powers, duties, and responsibilities of said Authority; to repeal a prior amendment ratified and adopted November 3, 1970, Ga. L. 1970, p. 1074; to provide for a referendum; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: 1. There is hereby created in Albany, Dougherty County, Georgia, the Central Albany Development Authority, to be composed of nine members, to supersede the existing Authority. Five members shall be owners of an interest of at least a life estate or greater interest in real

Page 1855

estate located in the Central Albany Area, hereinafter called owner-members. Two members shall be merchants, business people or professional people operating businesses or professions and having a place of business within the Central Albany Area. One member shall be the Mayor of the City of Albany by virtue of his office. One member shall be the Chairman of the Board of Commissioners of Dougherty County, Georgia, by virtue of his office. The Mayor and Chairman of the Board of Commissioners of Dougherty County shall serve for the duration of their terms of office. The other members of the Authority shall be elected by the taxpayers within the Central Albany Area for terms of two years each in the manner hereinafter provided. Those members of the Central Albany Development Authority presently serving shall continue to serve for the duration of the terms for which they were appointed, and their successors shall be elected at the caucus held just prior to the expiration of their terms of office. The Central Albany Development Authority shall call and hold a caucus each year for the election of those members of the Authority whose terms will expire during that year. Except for the first election after the ratification of this amendment, for which provision is hereafter made, the caucus shall be held at a time and place within the Central Albany Area, and on a date, set by the Authority, but not earlier than September 1 nor later than November 1 of each year. All members, including those now serving, shall serve until December 31 of the second year of their term, and until their successors have been elected. Each taxpayer returning real or personal property taxable by the Authority shall be entitled to vote at such caucus. Where the taxpayer, as reflected upon the taxpayer's tax return for that year, is a corporation, a partnership, or other joint interest or venture, or where the property returned is jointly owned by two or more persons, partnerships or corporations, such joint owners, joint interests, corporations, or partnerships shall together have one vote,

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and shall select and designate the person who shall be authorized to cast such vote in their behalf at such caucus. Ten persons qualified to vote at such caucus shall be sufficient to constitute a quorum at any caucus held for the purpose of electing members of the Authority. Each person qualified to vote, (whether representing individuals, corporations, partnerships, or other joint interests or ownership) may cast one vote to fill each vacancy which will occur on December 31 of that year. Nominations shall be made from the floor separately for the owner-members and the merchant-members. Where there are three owner-member vacancies, the three owner-member nominees, and where there are two owner-member vacancies, the two owner-member nominees, receiving the highest number of votes shall be elected to the Authority, and the merchant-member nominee receiving the highest number of votes shall be elected to the Authority, and the merchant-member nominee receiving the highest number of votes shall be elected to the Authority. Written notice of the time, place and date of the caucus, together with the names of the members whose terms are expiring the following December 31, shall be given to each taxpayer at least fifteen days prior to the date for holding said caucus. Mailing such notice at least fifteen days prior to the caucus addressed to the taxpayer as the taxpayer's name appears on the tax return for that year, and at the address shown thereon, shall constitute sufficient notice. Whenever the term `Central Albany Area' is used in this paragraph 1, it shall mean the Central Albany Area as defined in paragraph 2 of this amendment. 2. The Central Albany Area shall consist of that area bound on the north by the south side of an alley running parallel to and lying immediately north of Flint Avenue; on the east by the west bank of the Flint River; on the south by the north side of an alley running parallel to and lying immediately south of Oglethorpe Avenue; and on the west by the west side of Jefferson Street. The area shall include all properties abutting on the west side of

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that portion of Jefferson Street included in the area described. 3. The Central Albany Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell, and convey real and personal property, tangible and intangible, and to do all things necessary to the accomplishment of its purposes. 4. The purpose of said Authority shall be the redevelopment of the Central Albany Area. The Authority shall have the power to employ engineers and planners; to contract for the construction, remodeling and altering of buildings; to develop and operate parking areas; to contract for the reconstruction, altering and changing and closing of streets and alleys with the City of Albany; to contract generally with other political entities and subdivisons, and specifically with the City of Albany, which political subdivision is hereby empowered and authorized to contract with the Authority to the same extent that it is authorized by law to contract with other governmental agencies. 5. The Authority shall have the power to create special tax districts within the Central Albany Area, to levy and collect taxes within said tax districts based on values fixed by the tax digest of the City of Albany, Georgia, but not in excess of a maximum of 10 mills in any one year, to defray the cost of the foregoing, and to issue executions and enforce payment of the same in the same manner as tax executions for the City of Albany are issued and enforced. All taxes due Central Albany Development Authority shall be liens from January 1 of the year in which levied on all of the property of the taxpayer. 6. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness, and to issue execution for enforcement thereof as provided in paragraph 5.

Page 1858

7. No taxes shall be levied by said Authority for any purpose against property occupied by the owner as a residence or property used exclusively for church purposes. 8. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. 9. In no fiscal year shall the expenditures of the Authority be in excess of the anticipated revenues for that fiscal year plus any unexpended and uncommitted funds remaining from the previous year, except that the Authority shall have the power to create indebtednesses for the purchase of property necessary to the accomplishment of its objectives, provided that the amount of annual payments to be made on all indebtednesses outstanding shall not exceed in any one year fifteen percent of the anticipated revenues of the Authority for that year. 10. The General Assembly of Georgia shall have the power and authority from time to time to alter, amend, change, add to or delete from the powers and authority of the Central Albany Development Authority, to change the manner of election and appointment of the members, and to change the boundaries of the Central Albany Area. The General Assembly of Georgia is hereby vested with full and complete power and authority to enact legislation with respect to Central Albany Development Authority. 11. This amendment shall not become effective until it has been ratified in the manner provided for in the next section of this amendment and, in addition thereto, after ratification, has been approved in the following manner: If this amendment shall be ratified by the voters at the general election to be held in November, 1976, the Central Albany Development Authority shall call a caucus to be held on December 8, 1976, at a time and place fixed by the Authority, at which caucus this amendment shall be submitted to the taxpayers of the area as defined by existing law for approval. Notice of said caucus shall be given in the same manner and to the same persons as

Page 1859

herein provided in case of caucuses for the election of members of the Authority, except that there shall be included all such persons in the area as defined by existing law. The referendum to determine approval or disapproval shall be held under the rules, methods, and procedures hereinbefore provided in the case of elections of members of the Authority, and votes shall be cast by the same persons and in the same manner, except that taxpayers in the present area shall be included. This amendment shall not become effective unless a majority of those voting at such election shall vote in favor of it. The Authority shall certify the result of such election to the Secretary of the State of the State of Georgia. If the amendment is approved at such caucus, an election shall then be held immediately following, at the same caucus, to elect those members of the Authority whose terms expire during that year, together with one additional owner-member and one additional merchant-member, each to serve for a term of two years and until their successors have been elected and qualified. Only taxpayers resident in the area as redefined in this amendment, and as described in paragraph 1 hereof, shall be entitled to vote in said election. 12. If this amendment shall be approved and ratified in the manner provided for in the paragraph immediately preceding, then upon such ratification, that certain amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, ratified and adopted on the 3rd day of November, 1970, originally establishing the Central Albany Development Authority, and published in Ga. L. 1970, p. 1074, shall stand repealed, and the Central Albany Development Authority shall thereafter be governed by the terms 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.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the establishment of a Central Albany Development Authority to supersede the existing Authority, and to provide for the powers, duties, and responsibilities of said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DOWNTOWN DUBLIN DEVELOPMENT AUTHORITY AUTHORIZED. Proposed Amendment to the Constitution. No. 196 (House Resolution No. 888-2096). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the establishment of a Downtown Dublin Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following paragraph:

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The General Assembly shall be authorized to provide by law for the creation in and for the City of Dublin, the Downtown Dublin Development Authority for the purpose of redevelopment of the downtown Dublin area. The General Assembly may provide that 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 Dublin for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be authorized to create or to empower the Authority to create special tax districts within the City of Dublin and to levy and collect taxes within said districts based on values of real property fixed by the tax digest of the City of Dublin, to defray the costs of the foregoing. The General Assembly may further provide that the Authority shall have the power to issue bonds or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness. No taxes shall be levied by said Authority for any purpose against property used exclusively for residential purposes or property used for school or church purposes. The General Assembly may further provide that 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 Dublin which shall be subject to the provisions 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:

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() YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the establishment of a Downtown Dublin Development Authority and to provide for the powers, duties, and responsibilities of said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. GENERAL ASSEMBLYCHANGES IN COMPENSATION, ETC.EFFECTIVE DATE PROVIDED. Proposed Amendment to the Constitution. No. 197 (House Resolution No. 69-291). A Resolution. Proposing an amendment to the Constitution so as to provide that the members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article III, Section IX, Paragraph I of the Constitution is hereby amended by striking Paragraph I

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in its entirety and inserting in lieu thereof a new Paragraph I to read as follows: Paragraph I. Compensation and Allowances. The members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made? 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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FULTON COUNTYTAXATION OF CERTAIN COOPERATIVE OWNERSHIPS INCLUDED FOR HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 198 (House Resolution No. 81-345). A Resolution. Proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term homestead as that term is used for purposes of determining certain exemptions from certain taxation in Fulton 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 VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provision of this Constitution to the contrary notwithstanding, the term `homestead', as such term is used for purposes of determining eligibility for homestead exemption from local county, city and school taxes in Fulton County, shall include, but not be limited to, a claimant holding under an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation, which holds property, either as owner or under a ninety-nine year lease. 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 extend homestead exemptions from local property taxes to owner occupants of nonprofit cooperative housing corporations in Fulton County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. STATE BOARD OF PARDONS AND PAROLESVACANCY PROVISIONS CHANGED, ETC. Proposed Amendment to the Constitution. No. 199 (House Resolution No. 196-841). A Resolution. Proposing an amendment to the Constitution so as to provide that appointments to fill vacancies occurring on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term, and to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person until such person has served at least twenty-five years in the penitentiary and that such person shall not become eligible for parole at any time prior to serving at least twenty-five years in the penitenitary; to provide that the Board shall not have the authority to consider a person convicted of armed robbery for pardon or parole until such person has served at least five years in the penitentiary;

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to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article V, Section I, Paragraph XI of the Constitution is hereby amended by deleting in its entirety Paragraph XI and substituting in lieu thereof a new Paragraph XI to read as follows: Paragraph XI. Reprieves and pardons; State Board of Pardons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles to be composed of not less than five or more than seven members, the number to be determined by the General Assembly. The successors to the present members and all members of the Board who are subsequently appointed to fill vacancies occurring because of the expiration of terms of office shall be appointed for terms of seven years unless removed from office for cause, as hereinafter provided. In the event of a vacancy for any reason other than the expiration of term, such vacancy shall be filled in the

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manner hereinafter provided for the unexpired term. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. Any member of the Board may be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General or by judgment of the Senate in a trial of impeachment. The present members of the Board shall serve out the terms to which they were appointed. The Governor shall not be a member of the State Board of Pardons and Paroles. The General Assembly shall fix the compensation of the members of the Board, but until changed by the General Assembly, the members shall continue to receive that compensation which the present members are receiving. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. When a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person until such person has served at least twenty-five years in the penitentiary, and such person shall not become eligible for parole at any time prior to serving at least twenty-five years in the penitentiary. When a person is convicted of armed robbery, the Board shall not have the authority to consider such person for pardon or parole until such person has served at least five years in the penitentiary. The Board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. If any member for any cause is unable to serve in any case involving capital punishment when the Board shall consist of three members, the Governor shall act as the third member of said Board and the action so taken in such instance shall be by unanimous vote. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of the convict, the offense for which he was convicted,

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the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. Each year the Board shall elect one of its members to serve as Chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, 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 provide that appointments to fill vacancies occurring on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term, and to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person until such person has served at least twenty-five years in the penitentiary and that such person shall not become eligible for parole at any time prior to serving at least twenty-five years in the penitentiary; and to provide that the Board shall not have the authority to consider a person convicted of armed robbery for pardon or parole until such person has served at least five years in the penitentiary?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF ATLANTAREVENUE BONDSCERTAIN GUARANTEE PROVIDED. Proposed Amendment to the Constitution. No. 200 (House Resolution No. 302-1107). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the City of Atlanta under certain circumstances to levy ad valorem taxes for the purpose of paying the principal of and the interest on certain revenue obligations issued by said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII of the Constitution of the State of Georgia, as the same has been heretofore amended, is hereby further amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding any other provision of this Article, the City of Atlanta may levy ad valorem taxes not to exceed two (2) mills in any calendar year for the purpose of paying the principal of and the interest on any issue or revenue obligations issued by said City and secured by a pledge of said taxing power; provided, however, no

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such pledge may be made with respect to any such issue unless at or prior to the issuance thereof both of the following conditions have been met: (1) the net earnings (as hereinafter defined) of the undertaking with respect to which such issue is proposed to be issued for a period of twelve (12) consecutive months out of the fifteen (15) months immediately preceding the adoption of proceedings for the issuance of such issue must have been equal to at least one and one-third (1[UNK]) times the highest combined principal and interest requirements (as hereinafter defined) for any succeeding twelve (12) months' period on all then outstanding revenue obligations which are payable from the earnings of such undertaking and on the obligations of the issue proposed to be issued; and (2) said City has obligated itself to create from the earnings of such undertaking a reserve fund which can be used only to pay the principal of and the interest on the revenue obligations payable from said earnings in an amount which will equal within not more than sixty (60) months from the date of the adoption of proceedings for the issuance of such issue the highest combined principal and interest requirements (as hereinafter defined) for any succeeding twelve (12) months' period on all then outstanding revenue obligations which are payable from the earnings of such undertaking and on the obligations of the issue proposed to be issued. Net earnings as used herein shall be construed to be gross earnings of such undertaking which have been received during the period in question after deducting therefrom the reasonable and necessary expenses of operating, maintaining and repairing such undertaking during the period in question (but excluding depreciation). In determining gross earnings for the purpose of making the computations required to establish net earnings, there may be included, in addition to actual receipts during the twelve (12) months' period in question, an amount equal to the fixed amounts to be received during the twelve (12) months immediately following the date of such determination from new contracts entered into with users of the services of such undertaking or new or increased payments to be received under the provisions of existing contracts on account of the new additions, extensions

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or improvements to such undertaking which are to be financed from the proceeds of the issue of obligations then proposed to be issued. For the purpose of determining the principal and interest requirements for any twelve (12) months' period, there shall be included, in addition to the amounts which, by the terms of the pertinent revenue obligations, become due and payable during said period, the aggregate principal amount, (and premium, if any,) of any annual mandatory redemption requirements which must be met during said period and a like amount of principal shall be deducted from the principal requirements in the period when such obligations would, by their terms, mature if they were not subject to such mandatory redemption or redemptions. A pledge of the aforesaid taxing power for the purpose herein authorized shall be accomplished by the inclusion of a covenant to such effect in the ordinance authorizing the issuance of such issue of obligations, coupled with a reference to said covenant in the instrument or instruments evidencing the obligation or obligations, and once made, said covenant shall constitute a lien on the moneys received from the taxes levied in furtherance thereof and the validity of said covenant, pledge and lien shall be incontestable from and after the issuance of such issue of obligations and the holder of any such obligation shall be authorized to enforce the same, provided only that prior to the issuance of such issue of obligations, the Director of the Department of Finance of the City of Atlanta, or the successor to his powers, shall have certified to the governing body of said City that the above referred to conditions precedent to the creation of such pledge have been met and said governing body shall have approved the correctness of such certification by a statement to such effect in the ordinance adopted to authorize the issuance of such issue of obligations. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the City of Atlanta to include in future revenue bond issues for certain revenue producing projects under certain circumstances a guarantee that an ad valorem tax not to exceed two mills will be levied to pay a difference between income from such project for for one year and bond payments due that year in any year of the issue which includes the guarantee? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF MARIETTARETIREMENT BENEFITS INCREASED. Proposed Amendment to the Constitution. No. 201 (House Resolution No. 311-1165). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Marietta to provide for an increase in retirement benefits of retired employees of the said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia:

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Section 1 . Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the City of Marietta is hereby authorized to provide from time to time for the increase of retirement benefits of those persons who have retired under the provisions of any retirement system covering any employees of said city, as well as those employees who retire in the future. Any funds available to the governing authority of the City of Marietta may be utilized for the purpose provided herein. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the governing authority of the City of Marietta to provide for an an increase in retirement benefits of retired employees of said city? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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BINGO EXEMPTED FROM LOTTERY PROVISIONS OF CONSTITUTION. Proposed Amendment to the Constitution. No. 202 (House Resolution No. 464-1247). A Resolution. Proposing an amendment to the Constitution so as to provide that certain bingo games operated by nonprofit organizations shall be legal in Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article I, Section II, Paragraph IV of the Constitution is hereby amended by striking the period at the end thereof and inserting in lieu thereof the following: , except that the operation of a nonprofit bingo game, when the prizes given do not exceed $1,100.00 in cash or gifts of equivalent value during any 24- hour period or $2,200.00 in cash or gifts of equivalent value during any calendar week, shall not be a lottery and shall be legal in this State. A nonprofit bingo game is one which is operated by a nonprofit organization. No organization shall be considered a nonprofit organization within the meaning of this Paragraph except a tax-exempt organization within the meaning of the Internal Revenue Code or the Georgia Income Tax Law as such Code and such Law are now or hereafter amended. No organization shall be considered a nonprofit organization within the meaning of this Paragraph unless such organization shall annually file with the State Revenue Commissioner a report of an audit by a Certified or Registered Public Accountant fully accounting for all receipts and expenditures of such organization, which report shall constitute a public record subject to public inspection. No church, parish, synagogue, or house or worship in this State shall be considered a nonprofit

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organization for the purpose of operating nonprofit bingo games within the meaning of this Paragraph, unless the governing authority of such church, parish, synagogue, or house of worship shall notify, in writing, the State Revenue Commissioner that it desires to be so considered., so that when so amended Paragraph IV shall read as follows: Paragraph IV. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws, except that the operation of a nonprofit bingo game, when the prizes given do not exceed $1,100.00 in cash or gifts of equivalent value during any 24-hour period or $2,200.00 in cash or gifts of equivalent value during any calendar week, shall not be a lottery and shall be legal in this State. A nonprofit bingo game is one which is operated by a nonprofit organization. No organization shall be considered a nonprofit organization within the meaning of this Paragraph except a tax-exempt organization within the meaning of the Internal Revenue Code or the Georgia Income Tax Law as such Code and such Law are now or hereafter amended. No organization shall be considered a nonprofit organization within the meaning of this Paragraph unless such organization shall annually file with the State Revenue Commissioner a report of an audit by a Certified or Registered Public Accountant fully accounting for all receipts and expenditures of such organization, which report shall constitute a public record subject to public inspection. No church, parish, synagogue, or house of worship in this State shall be considered a nonprofit organization for the purpose of operating nonprofit bingo games within the meaning of this Paragraph, unless the governing authority of such church, parish, synagogue, or house of worship shall notify, in writing, the State Revenue Commissioner that it desires to be so considered. 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 that certain bingo games operated by nonprofit organizations shall be legal in Georgia? 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 REGENTS AUTHORIZED TO ESTABLISH CERTAIN ELDERLY CITIZEN PROGRAM. Proposed Amendment to the Constitution. No. 203 (House Resolution No. 494-1333). A Resolution. Proposing an amendment to the Constitution to authorize and direct the Board of Regents to establish a program whereby citizens of this State who are 62 years of age or older may attend certain units of the University System of Georgia without payment of fees when space is available in a course scheduled for resident credit; 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 VIII, Section IV of the Constitution is hereby amended by adding at the end thereof a new Paragraph II to read as follows: Paragraph II. Program for Elderly Citizens . The Board of Regents is hereby authorized and directed to establish, by not later than the beginning of the fall quarter of 1977, a program whereby citizens of this State who are 62 years of age or older may attend units of the University System of Georgia without payment of fees, except for supplies and laboratory or shop fees, when space is available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary, or law schools. Persons who attend units of the University System of Georgia under the program established pursuant to this Paragraph shall not be counted as students by the Board of Regents for budgetary purposes. The Board of Regents shall adopt and promulgate rules and regulations, not inconsistent with this Paragraph, to implement and carry out the provisions 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 and direct the Board of Regents to establish a program whereby citizens of this State who are 62 years of age or older may attend certain units of the University System of Georgia without payment of fees when space is available in a course scheduled for resident credit? 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. MEDICAL STUDENT SCHOLARSHIPSPROVISIONS CHANGED. Proposed Amendment to the Constitution. No. 204 (House Resolution No. 555-1531). A Resolution. Proposing an amendment to the Constitution so as to increase the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section I, Paragraph II of the Constitution, as amended by an amendment ratified at the general election in 1952 (Ga. L. 1951, p. 861), an amendment ratified at the general election in 1960 (Ga. L. 1960, p. 1215), an amendment ratified at the general election in 1960 (Ga. L. 1960, p. 1300), an amendment ratified at the general election in 1962 (Ga. L. 1962, p. 1039), an amendment ratified at the general election in 1964 (Ga. L. 1964, p. 944), an amendment ratified at the general election in 1966 (Ga. L. 1966, p. 1082), and an amendment ratified at the general election in 1968 (Ga. L. 1968, p. 1686), is hereby amended by striking the eighth paragraph of that portion of Paragraph II added by the 1952 amendment and amended by the 1960, 1962,

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1964, 1966 and 1968 amendments and inserting in lieu thereof a new eighth paragraph, to read as follows: Applicants who are granted loans or scholarships by the Board shall receive a loan or scholarship not to exceed $15,000.00 to any one applicant to be paid in such manner as may be determined by the Board with which to defray the tuition and other expenses of any such applicant in any responsible, accepted and accredited medical college or school in the United States. The loans and scholarships herein provided shall not exceed the sum herein stated, but they may be prorated in such manner as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the Board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the Board. One-fifth of the loan or scholarship together with the interest thereon shall be credited to the applicant for each year of practicing his profession in a community of 15,000 population or less, according to the United States Decennial Census of 1970 or any future such census, or at Central State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the Department of Human Resources or at any of the above facilities of the Department of Offender Rehabilitation. The Board shall have the authority to cancel the contract of any applicant at any time for cause deemed sufficient by the Board. Upon cancellation of the contract for any cause whatsoever, including default or breach thereof by the applicant, the total uncredited amount of the scholarship paid to the applicant shall at once become due and payable to the Board in cash with interest at the rate of nine percent (9%) per annum from the date of each payment by the Board, compounded annually.

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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 increase the amount of loans and scholarships for medical students from $10,000.00 to $15,000.00 and to provide that such loans and scholarships shall be repaid by the applicant by practicing his profession in a community of 15,000 or less within the State of Georgia for a period of five (5) years? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. FULTON COUNTY AUTHORIZED TO ENACT CERTAIN ORDINANCES. Proposed Amendment to the Constitution. No. 205 (House Resolution No. 586-1577). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize and empower the governing authority of Fulton County, Georgia, to enact ordinances

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and traffic regulations for the policing and governing of the unincorporated areas of said County and the enforcement of all duties and powers now or hereafter vested in said Board and provided penalties for violation of such ordinances; to provide for the submission of this amendment for ratification or rejection at the next General Election; and for other purposes. Section 1 . Be it resolved by the General Assembly of the State of Georgia that Article VI, Section I of the Constitution of the State of Georgia of 1945, by, and the same is hereby amended to add the following new paragraph, which shall read as follows: The General Assembly of the State of Georgia is hereby authorized: 1. The governing authority of Fulton County is hereby authorized and empowered to adopt ordinances and regulations, including traffic regulations, for the governing and policing of the unincorporated areas of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States; and for the implementation and enforcement of all duties and powers now or hereafter vested in said governing authority; and to provide penalties for violations of such ordinances, setting the nature and amount of such penalties or punishments; and to designate the Court or Courts which shall have jurisdiction in Fulton County over such offenses. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize and empower the governing authority of Fulton County to adopt

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ordinances or regulations, including traffic regulations for the governing and policing of the unincorporated areas of said County; and for the enactment of punishment or penalties for the violation of such ordinances, and designation of a Court which shall have jurisdiction over such ordinances and regulations? 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 JUSTICE OF THE PEACEVACANCY PROVISIONS MADE. Proposed Amendment to the Constitution. No. 206 (House Resolution No. 590-1591). A Resolution. Proposing an amendment to the Constitution so as to provide that a vacancy in the office of justice of the peace in DeKalb County shall be filled by the Senior Judge of the Stone Mountain Judicial Circuit appointing a successor to serve out the unexpired term; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VI, Section VII, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following paragraph:

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Provided, however, that in DeKalb County upon a vacancy occurring in the office of justice of the peace, the Senior Judge of the Stone Mountain Judicial Circuit shall appoint a successor to serve out the unexpired term of office. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that a vacancy in the office of justice of the peace in DeKalb County shall be filled by the Senior Judge of the Stone Mountain Judicial Circuit appointing a successor to serve out the unexpired term? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. FAYETTE COUNTY AUTHORIZED TO REGULATE BUSINESSES IN UNINCORPORATED AREA. Proposed Amendment to the Constitution. No. 207 (House Resolution No. 596-1634). A Resolution. Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of

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Fayette County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Fayette County, except those businesses regulated by the Public Service Commission, and to otherwise regulate and exercise police powers over businesses operated within the unincorporated areas of said County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, section IV, Paragraph I of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph to read as follows: The Board of Commissioners of Fayette County, Georgia, as the governing authority of said County, is hereby authorized and empowered to levy, assess and collect license fees and taxes from all persons, firms and corporations doing business in the unincorporated areas of said County, except those businesses regulated by the Public Service Commission, and is further authorized and empowered to classify all such businesses and business enterprises and to assess different fees and taxes against different classes of business being conducted in the unincorporated areas of said County and in order to provide for the public welfare, health and security of the people of Fayette County, the governing authority of said County is further authorized and empowered to regulate and exercise police powers over any businesses operated or conducted within the unincorporated areas of said County, except those businesses regulated by the Public Service Commission, and to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such regulations adopted by said governing authority of Fayette County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia.

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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 governing authority of Fayette County to levy, assess and collect business licenses and taxes from all persons, firms and corporations doing business in the unincorporated areas of Fayette County, except those businesses regulated by the Public Service Commission, and to otherwise regulate and exercise police powers over any such businesses? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF HAHIRAPUBLIC AUTHORITY FOR TELEPHONIC COMMUNICATIONS AUTHORIZED. Proposed Amendment to the Constitution. No. 208 (House Resolution No. 615-1693). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to create a public authority

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and vest in such authority the power to operate a system of telephonic communications in the City of Hahira and those areas now served by the Hahira exchange; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly shall be authorized to create a public authority and vest in such authority the power to acquire, construct, operate, extend and improve a system of telephonic communications in the City of Hahira and those areas now served by the Hahira exchange. The authority shall have the authority to issue revenue bonds in order to finance the projects of the authority authorized by the provisions of this paragraph. The authority shall have such other powers, duties and responsibilities as the General Assembly shall provide. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to create a public authority and vest in it the authority to operate a system of telephonic communications in the City of Hahira and those areas now served by the Hahira exchange? 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. FLOYD COUNTYRETIREMENT SYSTEM EXPANDED. Proposed Amendment to the Constitution. No. 209 (House Resolution No. 616-1693). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Floyd County to include within any retirement system or plan heretofore or hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50% thereof, is paid from the funds of Floyd County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article XV, Section II, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: The governing authority of Floyd County is hereby authorized to include within any retirement system or plan heretofore or hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50% thereof, is paid from the funds of Floyd County, and such governing authority shall be further authorized to provide for

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such matters as may be reasonably necessary for the inclusion of such persons within such retirement system or plan. 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 Floyd County to include within any retirement system or plan heretofore or hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50% thereof, is paid from the funds of Floyd County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. PIERCE COUNTY JUSTICE OF THE PEACEJURISDICTION INCREASED. Proposed Amendment to the Constitution. No. 210 (House Resolution No. 620-1699). A Resolution. Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the

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Justices of the Peace of Pierce County shall have jurisdiction; to provide for costs in certain cases; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: Provided, however, that in Pierce County the justices 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 $1,000.00 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. In any case in which the principal sum exceeds $200.00 the justice of the peace shall receive as his total fees for his services in such case an amount equal to three percent of the principal amount and the constable shall receive as his total fees in any such case an amount equal to two percent of such principal amount. The fees of the justice of the peace and the constable in any case in which the principal amount does not exceed $200.00 shall remain as now or hereafter provided by the general laws of this 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 to increase the dollar amount of civil cases over which the Justices of the Peace in Pierce County shall have jurisdiction from $200.00 to $1,000.00?

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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. GLYNN COUNTYTAX EXEMPTION FOR CERTAIN IN TRANSIT PROPERTY PROVIDED. Proposed Amendment to the Constitution. No. 211 (House Resolution No. 622-1708). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Glynn County or any municipal corporation within Glynn County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Glynn County in transit through Glynn County for outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Glynn 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: The governing authority of Glynn County or any municipal corporation within Glynn County shall have

Page 1891

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 Glynn 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 Glynn 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 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 governing authority of Glynn County or of any municipal corporation within Glynn County to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Glynn County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Glynn County and stored therein for shipment outside the State? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

Page 1892

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. WAYNE COUNTY AUTHORIZED TO LEVY INDUSTRIAL DEVELOPMENT TAX. Proposed Amendment to the Constitution. No. 212 (House Resolution No. 623-1708). A Resolution. Proposing an amendment to the Constitution so as to authorized the governing authority of Wayne County to levy a tax not to exceed one-half mill for industrial development purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Wayne County is hereby authorized to levy a tax, in addition to any other tax authorized to be levied, not to exceed one-half mill on all the taxable property in said county for industrial purposes. The proceeds or any part thereof of such tax may be turned over to the Wayne County Industrial Development Authority for use by said authority as provided by laws relative thereto. Such tax funds may also be used in connection with industrial parks. Such funds may be used in any manner for assisting, promoting, and encouraging the location of industries in Wayne County

Page 1893

and to assist and promote in any manner the industrial development of Wayne 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 governing authority of Wayne County to levy a tax not to exceed one-half mill for industrial development 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. CITY OF THOMASTONUPSON COUNTYBOARDS OF EDUCATION AUTHORIZED TO CONTRACT FOR CERTAIN PURPOSES. Proposed Amendment to the Constitution. No. 213 (House Resolution No. 625-1720). A Resolution. Proposing an amendment to the Constitution so as to authorize the Board of Education of the City of Thomaston

Page 1894

and the Board of Education of Upson County to contract with each other to create a joint secondary board of education to jointly and equally educate high school students of the City of Thomaston and Upson County; to authorize said boards to delegate to any such joint board any and all powers possessed by them relative to educating such students except those powers relative to taxation and to further contract with each other relative to real and personal property, expenditures therefor and thereon and pro rata ownership interest therein, whether acquired by purchase or by gift, in furtherance of such joint educational endeavor and to make conveyances pursuant thereto, the term of any of which contracts may extend for period of up to 50 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 VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: In addition to and supplementary of any powers now possessed or hereafter conferred upon the City of Thomaston Board of Education and the Board of Education of Upson County by law or by this Constitution, each of them shall have the unlimited power to contract with each other so as to create from their own members a joint Thomaston-Upson County Secondary Board of Education for the purpose of jointly educating the high school students of the City of Thomaston and the County of Upson. Each of said boards of education shall have the unlimited authority to delegate to a joint Thomaston-Upson County Secondary Board of Education by any such contract all or any portion of the powers and authority possessed by it to operate and maintain educational facilities for high school students; provided, however, that neither the City of Thomaston Board of Education nor the Board of Education of Upson County may delegate any of the powers either of them may possess relative

Page 1895

to taxation for educational purposes. Said boards shall likewise have plenary power to provide, by such contract or any mutually acceptable amendments to any such contract, for the funding of such joint educational undertaking, the number of members of any such joint board, the officers thereof, the voting powers of officers, meeting dates, terms of members and for all other matters or things needful, necessary or incidental to the creation, organization and orderly operation of such joint board. The said City of Thomaston Board of Education and the Board of Education of Upson County shall further have the right, without limitation, to contract with each other relative to the pro rata ownership, use, acquisition, maintenance, improvement or disposition of property, either real or personal, whether acquired by purchase or donation, to be used by either of them or by said joint Thomaston-Upson County Secondary Board of Education in educating high school students. Contracts entered into pursuant to the powers herein conferred may extend for periods of time up to 50 years. The Thomaston-Upson County Secondary Board of Education and its members shall be clothed with all governmental immunity enjoyed by either the Upson County Board of Education or the City of Thomaston Board of Education. 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 the City of Thomaston and the Board of Education of Upson County to contract with each other for periods up to 50 years to create a joint secondary board of education to jointly and equally educate high school students of Thomaston-Upson County, to authorize said boards

Page 1896

to delegate to any such joint board any powers possessed by them relative to educating such students except those powers relative to taxation, and to further contract with each other relative to the pro rata ownership of property, real and personal, whether acquired by purchase or by donation, including expenditures therefor and thereon, and to make conveyances pursuant thereto in furtherance of such educational endeavor? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. GLYNN COUNTY AUTHORIZED TO SELL CERTAIN ALCOHOLIC BEVERAGES BY THE DRINK. Proposed Amendment to the Constitution. No. 214 (House Resolution No. 707-1819). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Glynn County to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises during certain hours; 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:

Page 1897

Section 1 . Article XV of the Constitution is hereby amended by adding a new Section at the end of said Article to read as follows: The governing authority of Glynn County is hereby authorized to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises at any time from 11:55 p.m. on Saturdays and two hours immediately following such time and at such other time as authorized 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 folowing: () YES () NO Shall the Constitution be amended so as to authorize the governing authority of Glynn County to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises at any time from 11:55 p.m. on Saturdays and two hours immediately following such time and at such other time as authorized by law? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Page 1898

COBB COUNTYPROPERTY DISPOSITION OF ANY DISSOLVED MUNICIPALITY PROVIDED. Proposed Amendment to the Constitution. No. 215 (House Resolution 717-1847). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act or acts for any matters relative to the disposition of the assets and obligations of any municipality lying wholly within Cobb County which is abolished by the repeal of the act providing a charter for such municipality; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article XI, Section I of the Constitution is hereby amended by adding at the end thereof the following paragraph: In the event the General Assembly abolishes any municipality lying whooly within Cobb County by the repeal of the act providing a charter for such municipality, then the General Assembly shall be authorized to provide by local act, either as a part of the act repealing such charter or by a separate local act or by a combination thereof, for any matters relative to the disposition of the assets and obligations of such abolished municipality. Without limiting the generality of the foregoing, the General Assembly shall be authorized to provide by any such local act that Cobb County shall be the successor government to such abolished municipality for any or all purposes, and that the property and other assets thereof shall become the property and assets of Cobb County, and that the obligations of such municipality outstanding on the date of its abolishment shall become the obligations of Cobb County, in such manner and pursuant to such

Page 1899

terms, conditions and requirements as the General Assembly may provide. The General Assembly specifically shall be authorized to provide by any such local act for the creation of a special district comprising the territory of the abolished municipality and to require taxation by Cobb County only within such district for the purpose of paying the principal and interest on any bonded indebtedness of such municipality outstanding on the date of its abolishment and for the purpose of providing services within such district. It shall not be necessary for any such local act repealing the charter of such municipality or exercising the authority herein granted to the General Assembly, or both, to be conditioned for its effectiveness on a referendum, either within the municipality for which the charter is being repealed or within Cobb County. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by local act or acts for any matters relative to the disposition of the assets and obligations of any municipality lying wholly within Cobb County which is abolished by the repeal of the act providing a charter for such municipality? 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.

Page 1900

HENRY COUNTYTAX EXEMPTION FOR CERTAIN INDUSTRIES PROVIDED. Proposed Amendment to the Constitution. No. 216 (House Resolution No. 718-1859). 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 transshipment facilities by authorizing the governing authority of Henry County or any municipal corporation within Henry County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Henry County in transit through Henry County from outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Henry County and stored therein for shipment outside the 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 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 transshipment facilities, the governing authority of Henry County or any municipal corporation within Henry County shall have the authority to provide for the exemption from all ad valorem taxation by such

Page 1901

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 Henry 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 Henry 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, storage and transshipment facilities, the governing authority of Henry County or of any municipal corporation within Henry 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 Henry County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Henry County and stored

Page 1902

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. HENRY COUNTYLAW ENFORCEMENT POWERS VESTED IN SHERIFF. Proposed Amendment to the Constitution. No. 217 (House Resolution No. 719-1868). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that law enforcement powers of Henry County shall be vested in the Sheriff of Henry County and that the governing authority of Henry County shall not be authorized to create a county police department or otherwise employ personnel for law enforcement purposes and to authorize the General Assembly to provide by law for any matters necessary or incidental thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:

Page 1903

Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law that the law enforcement powers of Henry County shall be vested in the Sheriff of Henry County, and that the governing authority of Henry County shall not be authorized to create a county police department or otherwise employ personnel for law enforcement purposes. In exercising the powers herein granted, the General Assembly shall be authorized to provide by law for any matters necessary or incidental to providing effective law enforcement for Henry County in such manner and pursuant to such terms, conditions and requirements as the General Assembly shall determine. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law that law enforcement powers of Henry County shall be vested in the Sheriff of Henry County and that the governing authority of Henry County shall not be authorized to create a county police department or otherwise employ personnel for law enforcement purposes and to authorize the General Assembly to provide by law for any matters necessary or incidental thereto? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

Page 1904

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. COBB COUNTYHOMESTEAD EXEMPTIONCERTAIN INCOME EXCLUDED. Proposed Amendment to the Constitution. No. 218 (House Resolution No. 722-1877). A Resolution. Proposing an amendment to the Constitution, so as to exclude certain retirement, survivor or disability benefits in determining eligibility for the homestead exemption of $6,000 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; 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 from said paragraph the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of Cobb County who is disabled is hereby granted an exemption from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from

Page 1905

all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old-age, survivor or disability insurance benefits, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein, the person claiming such exemption shall be required to obtain a certificate from the Federal Social Security Administration and from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the Tax Commissioner of Cobb County with the certificates provided for herein and files an application with said Tax Commissioner giving the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable said Tax Commissioner to make a determination as to whether such person is entitled to such exemption. The Tax Commissioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify

Page 1906

the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974., and inserting in lieu thereof the following paragraph: Any other provisions of this Constitution to the contrary notwithstanding, each resident of Cobb County who is disabled is hereby granted an exemption from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, 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. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person

Page 1907

shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the Tax Commissioner of Cobb County with the certificates provided for herein and files an application with said Tax Commissioner giving the amount of income which he and his spouse [Illegible Text] during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable said Tax Commissioner to make a determination as to whether such person is entitled to such exemption. The Tax Commissioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to exclude certain retirement, survivor or disability benefits in determining eligibility for the homestead exemption

Page 1908

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? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF POWDER SPRINGSCERTAIN HOMESTEAD EXEMPTION PROVIDED. (118,000-120,000). Proposed Amendment to the Constitution. No. 219 (House Resolution No. 733-1881). A Resolution. Proposing an amendment to the Constitution so as to provide a homestead exemption from the city ad valorem taxation to resident homeowners in the City of Powder Springs who are under the age of 65 in an amount of two thousand dollars ($2,000.00); to provide a homestead exemption from city ad valorem taxation to resident homeowners in the City of Powder Springs who are 65 years of age or older, in an amount of four thousand dollars ($4,000.00); to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia:

Page 1909

Section 1 . Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: A homestead of each resident under the age of 65 of the City of Powder Springs actually occupied by the owner as a resident and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in an amount of two thousand dollars ($2,000.00) of its value. A homestead of each resident who is 65 years of age or older, of the City of Powder Springs actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in an amount of four thousand dollars ($4,000.00) of its value. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners of the City of Powder Springs 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 65 years of age or older?

Page 1910

All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HALL COUNTY BOARD OF EDUCATIONTERMS STAGGERED. Proposed Amendment to the Constitution. No. 220 (House Resolution No. 753-1946). A Resolution. Proposing an amendment to the Constitution so as to provide for staggered terms of office for the members of the Board of Education of Hall County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VIII, Section V, Paragraph I of the Constitution, as amended by an amendment providing for the election of the members of the Hall County Board of Education by the electors of the Hall County School District and providing for the appointment of the Hall County School Superintendent by the Board of Education of Hall County, which was ratified at the 1972 general election and which is set forth in Ga. L. 1972, pp. 1379-1381, is hereby amended by adding immediately following the second paragraph of said 1972 amendment the following paragraph:

Page 1911

At the 1978 general election, the candidates elected from Posts 2 and 4 of the Board of Education of Hall County shall be elected for terms of two years, and the candidates elected from Posts 1, 3 and 5 shall be elected for terms of four years, all such terms beginning on January 1, 1979. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years. All members of the Board of Education of Hall County shall serve until their successors are elected and qualified as provided herein. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for staggered terms of office for the members of the Board of Education of Hall 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.

Page 1912

DOWNTOWN ATHENS DEVELOPMENT AUTHORITYEMINENT DOMAIN POWER GRANTED. Proposed Amendment to the Constitution. No. 221 (House Resolution No. 754-1946). A Resolution. To amend a resolution proposing an amendment to the Constitution to establish the Downtown Athens Development Authority (Ga. L. 1975, p. 1698), so as to provide that the Authority, subject to the approval of the Mayor and two-thirds vote of the Council of the City of Athens, shall have the right and power of eminent domain; to provide a one-mill limitation with respect to any taxes levied subject to an approval of two-thirds vote of the City Council; to provide that taxes be levied only upon real property; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . A Resolution proposing an amendment to the Constitution to establish the Downtown Athens Development Authority (Ga. L. 1975, p. 1698), is hereby amended by adding at the end of the first quoted paragraph thereof the following: subject to the approval of the Mayor and two-thirds vote of the Council of the City of Athens, so that when so amended, the last sentence of the first quoted paragraph of said Resolution shall read as follows: The Authority shall have the right and power of eminent domain for the purpose of acquiring property in carrying out its aims and objectives subject to the approval of the Mayor and two-thirds vote of the Council of the City of Athens. Section 2 . Said Resolution is hereby amended by adding on Line 5, Page 1699, after the word rate, the following:

Page 1913

not to exceed one mill, and on Line 5, Page 1699, before the word property, the following: real, and on Line 6, Page 1699, delete the following: and personal and by adding on Line 8, Page 1699, before the word Council, the following: two-thirds vote of the, so that when so amended, the first complete sentence on page 1699 shall read as follows: 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 not to exceed one mill for taxes on real property within said districts based on values of real property fixed by the Tax Digest of the City of Athens and upon approval of such rate by the Mayor and two-thirds vote of the 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. MUSCOGEE COUNTYHOMESTEAD EXEMPTION INCREASED ON CERTAIN PROPERTY. Proposed Amendment to the Constitution. No. 222 (House Resolution No. 755-1946). A Resolution. Proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain

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property owned by residents of Muscogee County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: The homestead of each resident of Muscogee County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $5,000.00 of its value, is hereby exempted from all ad valorem taxation for county and school purposes, except to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1977. Each resident of Muscogee County who is sixty-five (65) years of age or over is hereby granted an exemption from all Muscogee County ad valorem taxes in the amount of $8,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this

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paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner of Muscogee County, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 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 increase the amount of each homestead of each resident of Muscogee County,

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which is exempt from county and school taxes, from $2,000.00 to $5,000.00, and to increase from $4,000.00 to $8,000.00 the amount of the homestead of each resident of Muscogee County who is sixty-five (65) years of age or over and whose income does not exceed $4,000.00, which is exempt from ad valorem taxes for county 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. CHATHAM COUNTYCERTAIN INDUSTRY TAX EXEMPTION PROVIDED. Proposed Amendment to the Constitution. No. 223 (House Resolution No. 777-1959). A Resolution. Proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Chatham County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia:

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Section 1 . Article VII, Section I, Paragraph IV of the Constitution of Georgia is hereby amended by adding at the end thereof the following: All capital improvements of each new manufacturing establishment located in Chatham County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time of its establishment provided such establishment has capital improvements of $500,000. Each addition to the capital improvements of an existing manufacturing establishment located in Chatham County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time such addition is made if the cost of such addition is $500,000, or more and if the addition results in a substantial increase in both the employment and the productive capacity of the manufacturing establishment. For the purpose of this exemption the term `manufacturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating or changing things into new forms for use or in refining, rectifying or combining different materials for use. The term `capital improvements' shall mean and include buildings, machinery and equipment directly connected with the manufacturing process. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment, shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to exempt the capital improvements of certain manufacturing establishments and certain additions thereto from all Chatham County ad valorem property

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taxes, except school taxes, for a period of five years following their establishment or addition? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. FORSYTH COUNTYTAX EXEMPTION FOR IN TRANSIT PROPERTY PROVIDED. Proposed Amendment to the Constitution. No. 224 (House Resolution No. 791-1986). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Forsyth County or any municipal corporation within Forsyth County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Forsyth County in transit through Forsyth County from outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Forsyth 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:

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The governing authority of Forsyth County or any municipal corporation within Forsyth 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 Forsyth 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 Forsyth 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 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 governing authority of Forsyth County or of any municipal corporation within Forsyth County to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Forsyth County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Forsyth County and stored therein for shipment outside the State?

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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. FORSYTH COUNTYTAX LEVY FOR DEVELOPMENT PURPOSES AUTHORIZED. Proposed Amendment to the Constitution. No. 225 (House Resolution No. 793-1995). A Resolution. Proposing an amendment to the Constitution so as to provide that Forsyth County be authorized to levy a tax, in addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting, promoting and encouraging the development of trade, commerce, industry, agriculture and employment opportunities in Forsyth County; to provide that such fund may be used to finance, in whole or in part, the cost of acquiring, constructing, equipping, maintaining, operating, extending, repairing, improving and developing land, buildings, structures, utilities, services and facilities for use by new industries locating in Forsyth County or in the expansion of existing industries; to provide that such fund also may be used to finance, in whole or in part, the acquisition, construction, maintenance and development of land, buildings, structures, equipment, utilities, services and facilities for use as an industrial park, an airport or similar transportation or industrial facility; to provide that such fund also may be used to pay for the services of employees or consultants employed or retained to assist in carrying out the purposes

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of said amendment, and in any other manner consistent with accomplishing the purposes thereof, and that it may be held for future development; to provide that the Board of Commissioners of Forsyth County be authorized to use such fund directly, or to contract for the use of such fund to accomplish the purposes of said amendment with the Development Authority of Forsyth County or with any other similar authority hereinafter created in order to carry out the purposes thereof; to provide that said amendment and all provisions, rights, powers and authority granted thereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and said amendment and any law enacted with reference thereto shall be liberally construed for the accomplishment of its purposes; to provide that said amendment is self-enacting and does not require any enabling legislation for it to become effective; to provide for the submission of said amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Forsyth County is authorized to levy a tax, in addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting, promoting and encouraging the development of trade, commerce, industry, agriculture and employment opportunities in Forsyth County. Such fund may be used to finance, in whole or in part, the cost of acquiring, constructing, equipping, maintaining, operating, extending, repairing, improving and developing land, buildings, structures, utilities, services and facilities for use by new industries locating in Forsyth County or in the expansion of existing industries. Such fund also may be used to finance, in whole or in part, the acquisition, construction, maintenance and development of land, buildings, structures, equipment, utilities, services and facilities for use as an industrial park, an

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airport or similar transportation or industrial facility. Such fund also may be used to pay for the services of employees or consultants employed or retained to assist in carrying out the purposes hereof, and in any other manner consistent with accomplishing the purposes hereof, and may be held for future development. The Board of Commissioners of Forsyth County is authorized to use such fund directly, or to contract for the use of such fund, to accomplish the purposes hereof with the Development Authority of Forsyth County or with any other similar authority hereafter created in order to carry out the purposes hereof. 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 hereto shall be liberally construed for the accomplishment of its purposes. This amendment is self-enacting and does not require any enabling legislation for it to become effective. Section 2 . When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that Forsyth County be authorized to levy a tax, in addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting,

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promoting and encouraging the development of trade, commerce, industry, agriculture and employment opportunities in Forsyth County; to provide that such fund may be used to finance, in whole or in part, the cost of acquiring constructing, equipping, maintaining, operating, extending, repairing, improving and developing land, buildings, structures, utilities, services and facilities for use by new industries locating in Forsyth County or in the expansion of existing industries; to provide that such fund also may be used to finance, in whole or in part, the acquisition, construction, maintenance and development of land, buildings, structures, equipment, utilities, services and facilities for use as an industrial park, an airport or similar transportation or industrial facility; to provide that such fund also may be used to pay for the services of employees or consultants employed or retained to carry out the purposes of said amendment, and in any other manner consistent with accomplishing the purposes thereof, and that it may be held for future development; to provide that the Board of Commissioners of Forsyth County be authorized to use such fund directly, or to contract for the use of such fund to accomplish the purposes of said amendment with the Development Authority of Forsyth County or with any other similar authority hereafter created in order to carry out the purposes thereof; to provide that said amendment and all provisions, rights, powers and authority granted thereunder shall be effective, notwithstanding any other provision of the Constitution

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to the contrary, and said amendment and any law enacted with reference thereto shall be liberally construed for the accomplishment of its purposes; and to provide that said amendment is self-enacting and does not require any enabling legislation for it to become effective? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. FULTON COUNTYHOMESTEAD EXEMPTIONINCOME DEFINED. Proposed Amendment to the Constitution. No. 226 (Senate Resolution No. 97). A Resolution. Proposing an amendment to the Constitution so as to change the definition of the term income with respect to determining the right to the $10,000.00 homestead exemption for certain disabled persons and persons 65 years of age or older of Fulton County so that the term income shall mean adjusted gross income under federal law; to provide for the homestead exemption to apply to bonded indebtedness;

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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 which was approved by the General Assembly at the 1974 session of the legislature (Ga. Laws 1974, p. 1657), and ratified on November 7, 1974, which paragraph reads as follows: Any other provisions of this Constitution to the contrary notwithstanding, each resident of Fulton County who is sixty-five (65) years of age or over or who is disabled is hereby granted an exemption from all Fulton County and Fulton County school ad valorem taxes in the amount of $10,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old-age, survivor or disability insurance benefits, does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent,

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files an affidavit with the Tax Commissioner of Fulton County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974., and inserting in lieu thereof a new paragraph to read as follows: Any other provisions of this Constitution to the contrary notwithstanding, each resident of Fulton County who is 65 years of age or over, or who is disabled is hereby granted an exemption from all Fulton County and Fulton County school ad valorem taxes in the amount of $10,000.00 on a homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his

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spouse who also occupies and resides at such homestead, does not exceed $8,000.00 for the immediately preceding taxable year. Such adjusted gross income, as used herein, shall include income from whatever source derived, including any Federal old-age survivors or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. This exemption also applies to the one-quarter mill tax levied by the State. The exemption contained herein does apply to bonded indebtedness. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Fulton County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be

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necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 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 change the definition of the term `income' with respect to determining the right to the $10,000.00 homestead exemption for certain disabled persons and persons 65 years of age or older of Fulton County so that the term `income' shall mean adjusted gross income under federal law, and to provide that the homestead exemption shall apply to bonded indebtedness? 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 SMYRMACERTAIN HOMESTEAD EXEMPTION PROVIDED. Proposed Amendment to the Constitution. No. 227 (Senate Resolution No. 317). Proposing an amendment to the Constitution so as to provide a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have net income not exceeding $6,000.00 for the immediately preceding taxable year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Smyrna who is disabled is hereby granted an exemption from all City of Smyrna ad valorem taxes in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old-age, survivor or disability insurance benefits, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein, the person claiming such exemption shall be required to obtain a certificate from the Federal Social Security Administration or from the sanctioned agency authorized to pay disability benefits when the person claiming this

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exemption is not entitled to Social Security benefits under the provisions of the Federal Social Security Administration, and from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the governing authority of the City of Smyrna, or a person designated by the governing authority, with the certificates provided for herein and files an application with said governing authority giving the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable said governing authority to make a determination as to whether such person is entitled to such exemption. The governing authority shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates hereafter for any year; and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1976.

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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 submitted the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable year? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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3541 1202 3544 1203 3546 1204 3548 1205 3551 1206 3553 1207 3555 1208 1098 1209 3559 1210 3561 1211 1100 1212 1102 1213 3563 1214 3565 1215 3568 1216 3570 1217 3573 1218 3576 1219 1154 1220 3578 1221 3582 1222 3584 1223 3586 1224 3588 1225 3592 1226 3594 1227 3596 1228 3598 1229 3600 1230 3603 1231 3605 1232 1155 1233 3606 1234 1156 1235 1158 1236 3607 1237 3609 1238 3612 1239 3613 1240 3615 1241 3617 1242 3621 1243 3623 1244 3625 1245 3628 1246 3630 1247 3633 1248 3635 1249 3636 1250 3640 1251 3643 1252 3645 1253 3648 1254 3650 1255 1159 1256 1160 1257 1163 1258 3654 1259 3656 1260 1165 1261 3660 1262 3662 1263 3671 1264 3674 1265 3676 1266 3683 1267 3687 1268 3698 1269 3699 1270 3702 1271 3706 1272 3711 1273 3713 1274 1173 1275 3715 1276 1179 1277 3118 1278 3722 1279 3724 1280 1181 1281 3726 1282 1184 1283 3728 1284 3730 1285 3732 1286 3734 1287 3736 1288 3738 1289 3740 1290 3742 1291 3744 1292 3746 1293 3748 1294 1186 1295 3750 1296 3752 1297 3754 1298 3757 1299 3760 1300 3762 1301 3764 1302 3767 1303 3770 1304 3773 1305 3776 1306 3778 1307 3783 1308 3786 1309 3787 1310 3790 1311 3792 1312 3794 1313 3795 1314 3798 1315 3801 1316 3802 1317 3805 1318 3807 1319 1187 1320 3818 1321 3897 1322 3930 1323 3935 1324 3938 1325 3939 1326 3945 1327 3950 1328 3953 1329 3964 1330 3966 1331 3970 1332 3974 1333 3976 1334 3980 1335 3982 1336 3984 1337 3986 1338 1194 1339 3990 1340 3993 1341 3997 1342 4005 1343 4007 1344 1195 1345 1197 1346 1349 1347 1359 1348 1361 1349 1362 1350 1363 1351 1366 1352 1372 1353 1384 1354 1385 1355 1388 1356 1401 1357 1407 1358 1413 1359 1414 1360 4010 1361 1420 1362 1421 1363 1423 1364 4011 1365 1429 1366 4014 1367 1430 1368 4018 1369 4021 1370 1437 1371 4022 1372 1438 1373 1440 1374 1456 1375 1458 1376 1459 1377 4027 1378 4033 1379 4040 1380 1461 1381 1483 1382 4051 1383 1486 1384 1490 1385 1497 1386 1500 1387 1506 1388 1508 1389 1510 1390 1511 1391 1513 1392 1517 1393 1522 1394 1523 1395 1524 1396 1529 1397 1537 1398 1547 1399 1556 1400 1557 1401 4089 1402 1559 1403 1560 1404 1562 1405 1563 1406 1590 1407 4297 1408 1591 1409 1595 1410 1603 1411 1608 1412 1632 1413 1640 1414 1645 1415 1650 1416 1654 1417 1668 1418 1670 1419 1674 1420 1677 1421 1681 1422 1684 1423 1715 1424 4393 1425 1717 1426 1719 1427 1725 1428 4426 1429 4463 1430 4090 1431 1564 1432 1567 1433 4127 1434 1573 1435 1575 1436 1576 1437 1580 1438 1586 1439 4161 1440 4199 1441 4262 1442 4475 1443 1730 1444 4479 1445 1740 1446 1744

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RESOLUTIONS BY NUMBER Res. No. Page 89 2503 90 101 91 1748 92 183 93 184 94 1749 95 225 96 229 97 338 98 2785 99 1752 100 340 101 427 102 429 103 432 104 567 105 568 106 571 107 575 108 707 109 723 110 736 111 739 112 1198 113 1386 114 1753 115 1404 116 1409 117 1419 118 1755 119 1484 120 1489 121 1493 122 1494 123 1499 124 1502 125 1505 126 1515 127 4087 128 4088 129 1518 130 4123 131 1520 132 4124 133 4125 134 4126 135 4158 136 4160 137 1525 138 4195 139 4196 140 4198 141 1527 142 4261 143 4261 144 4294 145 1535 146 4296 147 1587 148 4391 149 1593 150 1605 151 1629 152 1636 153 1642 154 4392 155 4424 156 1647 157 4425 158 1651 159 1665 160 1672 161 1759 162 1675 163 1678 164 1761 165 1762 166 1764 167 1765 168 1767 169 1770 170 1771 171 1773 172 1776 173 1781 174 1783 175 1785 176 1787 177 1789 178 1792 179 1794 180 1796 181 1797 182 1798 183 1810 184 1812 185 1817 186 1819 187 1821 188 1823 189 1825 190 1827 191 1831 192 1849 193 1850 194 1851 195 1854 196 1860 197 1862 198 1864 199 1865 200 1869 201 1872 202 1874 203 1876 204 1878 205 1880 206 1882 207 1883 208 1885 209 1887 210 1888 211 1890 212 1892 213 1893 214 1896 215 1898 216 1900 217 1902 218 1904 219 1908 220 1910 221 1912 222 1913 223 1916 224 1918 225 1920 226 1924 227 1929 228 1687

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VETOES 1975-1976 Session Veto No. Bill No. Subject Veto Date 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 Act 25 HB 164 County Jails: Cost of Prisoners-Reimburse 3-25-76 Act 26 HB 2050 Cities, Counties School Dist., etc.: Investments 3-25-76 Act 27 HR 567-1544 Convey Property: Union Camp Corp. 3-31-76 Act 28 HB 1287 Heard County: Probate Ct. Judge: Salary 3-31-76 Act 29 HB 1288 Heard County: Tax Commissioner: Salary 3-31-76 Act 30 HB 1289 Heard County: Superior Ct. Clerk: Salary 3-31-76 Act 31 HB 1290 Heard County: Sheriff's Salary 3-31-76 Act. 32 HB 1804 Greene County Airport Authority: Create 3-31-76 Act 33 HB 1719 Carroll County: Tax Comm. Mileage Compensation 3-31-76 Act 34 SB 354 Atlanta Fulton Tax Comm: Deliquent Taxes 3-31-76 Act 35 SB 389 Law Enforcement Officers: Specify Basic Rights 3-31-76 Act 36 SB 547 Industrial Loan Act: Credit Insurance Rates: Min. Stds. 3-31-76 Act 37 SB 631 Effingham County: Hire Full Time Dep. Sheriffs 3-31-76 Act 38 HB 1615 Med. Practitioners Licensing Osteopaths 4-1-76 Act 39 HB 1958 Consumers' Utility Counsel: Transfer to Governor's Office 4-1-76 Act 40 HB 1651 Jekyll: Condominium Condom. Units 4-2-76 Act 41 SB 707 Fair Market Value: Actual Use as of 1/1 Tax Year 4-2-76 Act 42 HB 588 Presentence Hearings: Death Penalty Cases 4-7-76 Act 43 SB 586 Occupational Professional Tax: Include Real Estate 4-7-76 Act 44 SB 203 Persons Admitted to State Institutions: Cost of Care 4-8-76

Page 1942

COUNTIES AND SUPERIOR COURT CIRCUITS

Page 1943

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 GREGORY FULLERTON Law Assistant MAUD SAUNDERS Law Assistant MARK A. GUZA Law Assistant MISS ROSEMARY KITTRELL Law Assistant MRS. ELIZABETH LONG 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

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SUPERIOR COURT CALENDAR FOR 1976 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., 1124 Lark St., 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.

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AUGUSTA CIRCUIT. HONS. JOHN F. HARDIN, WILLIAM M. FLEMING, JR., EDWIN D. FULCHER, FRANKLIN H. PIERCE, Judges, Augusta. RICHARD E. ALLEN, D.A., Augusta. 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 1946

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 1947

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 1948

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. E. BYRON SMITH, D.A., Barnesville 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 1949

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 1950

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 1951

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. PHILLIP R. WEST, D.A., P. O. Box 52, 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 1952

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, JR., Judges, Rome. LARRY SALMON, D. A., Rome. FloydSecond Monday in January, March, July and September; first Monday in May and November.

Page 1953

SOUTH GEORGIA CIRCUIT. HON. ROBERT E. L. CULPEPPER, JR., Judge, Camilla. A. WALLACE CATO, D.A., P. O. Box 65, Bainbridge. BakerThird Monday in January and July. CalhounLast Monday in May and November. DecaturFirst Monday in February, May and November. GradyThird Monday in March, August and September. MitchellSecond Monday in January and July; third Monday in April and October. SOUTHERN CIRCUIT. HONS. MARCUS B. CALHOUN, Judge, Thomasville; GEORGE A. HORKAN, JR., Judge, Moultrie. H. LAMAR COLE, D. A., Valdosta. BrooksFirst Monday in May and November. ColquittFirst Monday in January, April, July and October. EcholsFirst Monday in February and August. LowndesFirst Monday in March, June, September, and December. ThomasThird Monday in January, April, July and October. SOUTHWESTERN CIRCUIT. HON. 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 1954

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 1955

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 1956

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Albany, central; development authority created, etc., referendum 1854 Athens, Downtown; development authority, eminent domain power granted 1912 Atlanta, City of; revenue bonds, certain guarantee provided 1869 Bibb (Macon) Urban Development Authority, bond provisions changed 1827 Bingo; lottery exemption provided 1874 Board of Regents; elderly citizen program, certain, authorized 1876 Books, State, donation of, provided 1764 Camilla, Downtown Development Authority 1812 Chatham County; certain industry tax exemption provided 1916 Clayton County; justice of peace, jurisdiction changed 1797 Cobb; homestead exemption, certain income excluded 1904 Cobb County; property disposition of dissolved municipalities provided 1898 Columbia County; authority to license businesses in unincorporated area provided 1792 Community Development, Department of; name changed to Department of Industry and Trade, etc. 1767 Constitutional Executive Officers, disability of, succession to office provided, etc. 1770 DeKalb County; certain claim payments provided 1825 DeKalb County; justice of the peace, vacancy provisions made 1882 DeKalb County; revenue for art purposes provided 1783 DeKalb County; solid waste disposal authority 1798 Dodge County, board of education, election of members provided, etc. 1776 Dodge County, certain tax exemption provided 1787 Downtown Athens; development authority, eminent domain power granted 1912 Downtown Camilla Development Authority 1812 Downtown Dublin Development Authority authorized 1860 Dublin, downtown, development authority authorized 1860 Echols County; probate judge, additional duties provided 1821 Fayette County; regulation of businesses in unincorporated area 1883 Fayette County; school superintendent, appointment authorized 1850 Floyd County; retirement system expanded 1887 Forsyth County; development purpose tax levy authorized 1920

Page 1957

Forsyth County, merit system provided 1796 Forsyth County; tax exemption, certain, provided 1918 Fulton County; homestead exemption, income defined 1924 Fulton County; ordinances, enactment of certain, authorized 1880 Fulton County; tax exemption, cooperative ownerships changed 1864 General Assembly; effective date for changes in compensation, etc. made 1862 Glynn County; certain alcoholic beverage sales authorized 1896 Glynn County; tax exemption, certain, provided 1890 Governor, succession provision made 1785 Hahira, City of; public authority for telephonic communications authorized 1885 Hall County; board of education, terms staggered 1910 Henry County; sheriff, law enforcement powers vested in 1902 Henry County; tax exemption for certain industries provided 1900 Houston County; branch offices for county business authorized 1794 Houston County, justice of the peace court's jurisdiction increased 1752 Jefferson County; certain tax exemption provided 1819 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority 1831 Liberty County Industrial Authority, membership changed 1781 , 1823 Macon-Bibb County Urban Development authority, bond provisions changed 1827 Marietta, City of, homestead exemptions, certain income excluded in qualification for 1789 Marietta, City of; retirement benefits increased 1872 Medical student scholarships, provisions changed 1876 Mobile homes, separate tax classification provided 1753 Moultrie-Colquitt County Development Authority Revenue Bonds, maximum interest rate changed 1773 Muscogee County; homestead exemption increased on certain property 1913 Nonprofit homes, certain, tax exemption provided 1761 Paulding County; contracts, certain authority provided 1817 Pierce County; justice of the peace, jurisdiction increased 1888 Powder Springs, City of; certain homestead exemption provided 1908 Property, personal, certain tangible, tax exemption provided 1755 Revenue Bonds for certain utilities, requirement of majority vote deleted 1749 Smyrna, City of; certain homestead exemption provided 1929 Solar energy, certain tax exemptions provided 1765 Spalding County, regulation of businesses in unincorporated area provided 1771 , 1810

Page 1958

State Board of Pardons and Paroles; vacancy provisions changed, etc. 1865 State Properties Commission Membership provided, etc. 1748 Thomaston, City of; contract authorization provided, certain 1893 Transportation funds, provisions made for receipt, etc. 1759 Upson County; contract authorization provided, certain 1893 Ware County; officers, recall provisions made 1851 Wayne County; industrial development tax authorized 1892 Whitfield County; small claims court created 1849 Workmen's Compensation, subsequent injury fund created 1762 CODE SECTIONS 3-Title-Amended-Medical malpractice, limitations of actions provided 1363 9-401 Amended-Corporations, etc., certain practice of law by, provided 1511 13-2-Amended-Banking holding companies redefined, etc. 168 22-Title-Amended-Corporation code 1102 , 1576 23-1-Amended-County courthouse, etc., required to remain open during working hours 1522 24-1714-Amended-Probate courts, location of offices (600,000 or more) 682 24-1716-Amended-Certain correction procedures provided 1062 24-1801-Amended-Probate court clerks, appointment provided (23,450-23,550) 1094 24-2727-Amended-Superior court clerks, mailing fees provided (22,325-22,330) 426 24-2823-Amended-Sheriffs, fees changed, etc. 702 24A-Title-Juvenile Court Code amended, certain imprisonment prohibited 1064 24A-1301-Amended-Children and Youth Act 1066 26-13-Amended-Peace officer, aggravated assault on, etc. 543 26-14-Amended-Arson and related offenses redefined 1497 26-1507-Amended-Interference with certain utilities penalized 773 26-18-Amended-Entering automobile with certain criminal intent prohibited 186 26-18-Amended-Theft by conversion of payments for property improvements prohibited 1456 26-1902-Amended-Armed robbery, provisions changed 1359 26-2408-Amended-Perjury and falsifications redefined 483 26-2713-Amended-Gambling, etc., printed materials, certain exemption provided 1158 26-29-Amended-Crimes involving dangerous instrumentalities, act amended 1430 26-3001-Amended-Certain surveillance equipment use, not unlawful 1100 26-99-Amended-Public transit buses, etc., certain acts on prohibited 1645

Page 1959

27-2506-Amended-Service of certain misdemeanor sentences provided 210 27-3102-Amended-Weapon disposition, certain, authorized 167 29-407-Amended-Deeds, etc., recording when executed before certain officer without jurisdiction 521 30-127-Amended-Custody of children, provisions changed 1050 30-202.1-Amended-Divorce, fees, attorney may sue to enforce 1017 32-1-Amended-Branch colleges, female admission to, provision stricken 1510 32-5-Amended-State superintendent of Schools, annual reports provided 540 32-1107, 32-1109-Repealed-Education, certain taxation election provisions 1573 34-Title-Amended-Elections, making false statements penalized 205 34-6-Amended-Elections, certain voter registration deadline fixed 473 34-6-Amended-Elections, registration card form changed, etc. 457 34-605-Amended-Elections, chief registrar provisions changed, etc. 468 34-1107-Amended-Elections, ballots, number provisions changed 469 34-1204-Amended-Elections, voting machines, number required changed 463 34-1505-Amended-Elections, recount provided, etc., certain federal and state offices 248 34A-Title-Amended-Elections, making false statements penalized 205 38-2-Amended-Rape evidence provisions changed 741 38-1606-Amended-Witness competency in child abandonment and adultery matters provided 1014 41A-Title-Amended-Financial Institutions Code-Certain receivership procedures changed, etc. 1681 41A-Title-Amended-Financial institutions code amended, multiple party accounts, etc. 1388 41A-1305-Amended-Financial institutions code amended-draft acceptance time changed 275 41A-1401-Amended-Financial institutions code amended, certain fiduciary privileges extended 274 41A-3307-Amended-International Banking Corporations, loans by authorized, etc. 201 46-Title-Amended-Garnishment act 1608 47-107-Amended-General Assembly, voucher provisions changed 763 49-Title-Amended-Guardian, natural, bonds of, provided, etc. 688 49-604-Amended-Guardian of property-appointment procedure changed 1156 50-121-Amended-Custody of children, provisions changed 1050

Page 1960

51-101-Amended-Homestead exemptions, amount of, changed 346 53-Title-Amended-Marriage license provisions changed 1719 53-201-Amended-Marriage licenses, location for obtaining provided 684 53-503-Amended-Married Women, authorized as sureties on bail bonds 478 56-Title-Amended-Health Care Plan Act 1461 56-Title-Amended-Insurance, disposition and collection of fees, etc., provided, etc. 1080 56-204-Amended-Insurance commissioner, public inspection of reports, provided 538 56-214-Amended-Insurance commissioner, order prohibiting certain acts authorized, etc. 411 56-407A-Amended-Uninsured motorists, bankruptcy provisions 1195 56-5-Chapter-Amended-Insurance rates, contracting provided, etc. 691 56-512.1-Amended-Insurance commissioner, additional authority provided 347 56-8A-Amended-Insurance, life, accident, etc., authority certificates, etc. 535 56-13-Amended-Insurance commissioner, certain information deemed confidential 1517 56-14-Amended-Rehabilitation and liquidation of insurers, conservation grounds changed 1076 56-19-Amended-Fraternal benefit societies, certificate valuation provided, etc. 983 57-116-Amended-Interest, certain rates changed 1197 59-Title-Amended-Mechanical jury selection, provisions made for, etc. 438 59-6A-Amended-Special purpose grand juries, provided, etc., (70,000 or more) 982 61-Title-Amended-Landlord and tenant provisions changed 1372 67-99-Amended-Motor vehicles, mortgaged, wrongful sale of, penalty increased, etc. 637 68-502-Amended-Motor contract carriers redefined 197 68A-706-Amended-School bus drivers, disembarking children 479 68A-903-Amended-Homicide by vehicle redefined 977 68B-207-Amended-Driver's licenses, minors, identification cards 1421 68B-305-Amended-Drivers licenses, certain mandatory suspension provided 1073 68B-312-Amended-Drivers' licenses-license suspension, time periods provided, etc. 1670 68B-313-Amended-Drivers' licenses-time of revocation, etc., provided 1668 69-3-Amended-Municipal corporations, sale of property, requirements provided, etc. 350 73-1-Amended-Sale of certain timber-marking paint prohibited, etc. 1556

Page 1961

74-107-Amended-Custody of children, provisions changed 1050 74-9902-Amended-Witness competency in child abandonment and adultery matters provided 1014 79A-Title-Amended-Pharmacists, regulatory fee provision made 675 79A-702-Dangerous drugs, further defined 631 79A-9917-Amended-Marijuana trials, certain jurisdiction fixed 1083 84-Title-Amended-Dentist and Dental Hygienists Act 484 84-Title-Amended-Landscape Architect Act 1730 84-Title-Amended-Motor vehicle, farm machinery, and construction equipment franchises practice act 1440 84-5-Amended-Chiropractors, certain student performance provided 1054 84-6-Amended-Podiatry, applicants, qualifications changed, etc. 355 84-11-Amended-Optometry, hearing officer provided 1575 85-10-Amended-Joint tenants, certain right of survivorship provided 1438 87-201-Amended-Counties, municipalities, bond issuance provisions (250,000-500,000) 1091 88-204-Amended-County boards of health, authorized to contract, etc. 1420 88-13-Amended-Radiation Control Act amended 1567 88-2005-Amended-Eyes, deceased donor's, certain technicians permitted to extract 1559 84-9-Amended-Medical practitioners, clinical clerkships provided 403 84-9-Amended-Osteopaths-Certain licensing provisions repealed, etc. 687 84-11-Amended-Optometry, certain delinquency penalty increased 185 84-2108A, 84-2109A-Amended-Geologists, certification requirements changed 695 84-9928-Repealed-Lightning rods, certain acts 260 85-10-Chapter-Amended-Tenants in common, multiple party accounts, etc. 1388 88-508.2-Amended-Mentally ill, expense payment concerning hospitalization provided 328 88-6-Amended-Mental Health and Mental Retardation Services Act 953 88-17-Amended-Death certificate provisions changed, etc. 677 88-1721-Amended-Vital records, certain correction procedures provided 1062 89-5-Amended-County officers, certain suspension on felony conviction provided 277 89-101-Amended-Public officers, certain age eligibility changed, etc. 464 92-Title-Amended-Tax notice information requirements 518 92-603-Repealed-certain confederate soldier exemption 264

Page 1962

92-1403-Amended-Motor fuel taxation, watercraft tax repealed 269 92-2010-Repealed-Salary and wage buyers act repealed 262 92-24-Amended-Tax returns of certain corporations provided, etc. 1580 92-2902-Amended-Forest products trucks, fee provisions changed 694 92-3002-(n)-Repealed-Certain income tax provisions 980 92-3015-Amended-Tax exempt organizations defined 613 92-3102-Amended-Corporation taxation provisions clarified 646 92-3102(b); 92-3301-Amended-Certain income tax provisions changed 980 92-3106(a)-Amended-Income tax, personal exemptions redefined 250 92-3108-Amended-Income tax, net income defined 320 92-3216-Amended-income tax secrecy requirements changed 192 92-34-Amended-Estate tax returns, etc. 624 92-36-Repealed-State departments, etc., certain revenue collection act repealed 261 92-4101-Amended-Town of Lyerly, tax limitation provision, exemption from provided 421 92-49-Amended-Tax collectors and Commissioners, checks may be accepted, etc. 1044 92-5802-Repealed-Deputy revenue commissioners' duties 262 92-5905, 92-5908-Repealed-Insurance companies, returns, etc. 262 92-6913-Amended-Boards of tax assessors-penalty provisions changed 1042 92-6913-Amended-Board of Tax Assessors, penalty provisions provided 1071 92-9915-Repealed-State departments, etc., certain revenue collection act repealed 261 93-211-Amended-Public Service Commission, venue provided 418 93-307.1-Amended-Public Service Commission, Action procedure established 419 95A-Title-Amended-Public transportation code amended 775 95A-902-Amended-Code of public transportation amended, enforcement officers duties specified, etc. 1500 95A-922-Amended-Public transportation code amended, outdoor advertising permits, provisions changed 1508 100-1-Chapter-State depository board, meetings changed 728 100-108-Amended-State depository act amended 769 108-4-Amended-Trustees, certain small business firm investments authorized 560 113-6-Amended-Wills, additional witness procedures provided, etc. 640 113-10-Amended-Year's support provisions changed, etc. 1059

Page 1963

COURTS SUPERIOR COURTS Atlantic circuit; district attorney's office, additional secretary provided 1187 Barrow County; clerk, etc., personnel salaries, etc. 3531 Bartow County; clerk, salary changed 3744 Bibb County; assistant district attorneys provided 1165 Bleckley County; additional judge provided 777 Brooks County; district attorney, investigator provided 321 Bryan County; district attorney's office, additional secretary provided 1187 Bulloch County; clerk's employees, salaries changed 3754 Chattooga County; clerk, budget provided, etc. 2741 Cherokee County; clerk, etc., personnel salary changes 3930 Cherokee County; clerk, etc., personnel salaries, provisions changed 2998 Clarke County; additional judge provided 562 Clayton County; clerk, etc., salary changed 2870 Clerk, etc., salary fixed (35,000-44,000) 3003 Clerks; investment of certain funds authorized 976 Clerks, mailing fees provided (22,325-22,330) 426 Clerks, personnel provided (145,000-165,000) 3491 Clerks retirement act amended 729 Colquitt County; district attorney, investigator provided 321 Crawford County; assistant district attorneys provided 1165 Decatur County; clerk placed on sealary 2549 , 3555 DeKalb County; district attorney, salary supplement limited, etc. 3986 Dodge County; additional judge provided 777 Douglas County; judges, expense allowance supplemented 632 Echols County; district attorney, investigator provided 321 Evans County; district attorney's office, additional secretary provided 1187 Floyd County; clerk, chief deputy's salary changed 2920 Forsyth County; clerk, etc., personnel provisions changed 3130 Habersham County; judge, supplemental salary authorized 1086 Haralson County; judges, expense allowance supplemented 632 Heard County; clerk, salary changed 2858 Jenkins County; clerk, placed on salary 3645 Judge emeritus, certain, certain payment provided (79,600-81,000) 4089 Judges retirement system act 586 Judicial circuits, certain; assistant district attorneys, certain, compensation 526 , 673 Liberty County; district attorney's office, additional secretary provided 1187 Lincoln County; assistant district attorney, office created 1173

Page 1964

Long County; district attorney's office, additional secretary provided 1187 Lowndes County; district attorney, investigator provided 321 Macon circuit; assistant district attorneys provided 1165 McDuffie County; assistant district attorney, office created 1173 McDuffie County; clerk, etc., salary changes 2842 McIntosh County; district attorney's office, additional secretary provided 1187 Montgomery County; additional judge provided 777 Mountain circuit; judge, supplemental salary authorized 1086 Oconee circuit; additional judge provided 777 Oconee County; additional judge provided 562 Oconee County; clerk placed on salary 3565 Paulding County; judges, expense allowance supplemented 632 Peach County; assistant district attorneys provided 1165 Polk County; judges, expense allowance supplemented 632 Pulaski County; additional judge provided 777 Rabun County; judge, supplemental salary authorized 1086 Seminole County; clerk, salary changed 2781 Southern Circuit; investigator provided 321 Stephens County; judge, supplemental salary authorized 1086 Sumter County; clerk, salary increased, etc. 3152 Taliaferro County; assistant district attorney, office created 1173 Taliaferro County; clerk placed on salary 3802 Tallapoosa circuit; judge expense allowance supplemented 632 Tattnall County; district attorney's office, additional secretary provided 1187 Telfair County; additional judge provided 777 Telfair County; clerk, salary changed 3598 Thomas County; district attorney, investigator provided 321 Toombs circuit; assistant district attorney, office created 1173 Towns County; judge, supplemental salary authorized 1086 Union County; judge, supplemental salary authorized 1086 Walker County; clerk, personnel salary changes, etc. 3798 Warren County; assistant district attorney, office created 1173 Western circuit; additional judge provided 562 Wheeler County; additional judge provided 777 Wilkes County; assistant district attorney, office created 1173 CIVIL COURTS Fulton; consolidated in creation of State court 3023 CRIMINAL COURTS Fulton; personnel 3546 Fulton; consolidated in creation of state court 3023 Fulton; demand for trial provisions changed, etc. 3019

Page 1965

MUNICIPAL COURTS Columbus; judge, vacancy provisions changed, etc. 2727 Savannah; judge, salary changed 3334 JUVENILE COURTS Clarke; judge, salary changed 3750 STATE COURTS Bryan; judge, etc., eligibility requirements changed, etc. 3332 Bulloch; judge and solicitor, salaries changed 3764 Bulloch; sheriff and deputies, salaries changed 3767 Chatham; judge, etc., salary changes 2909 Chatham; judge, additional, provided, etc. 2912 Colquitt; terms changed 2648 DeKalb; court costs changed 2906 DeKalb; judge added, etc. 3488 DeKalb; solicitor, prohibited from practicing law, etc. 3986 Dougherty; jurisdiction changed, etc. 3176 Fulton; state court created 3023 Glynn; clerk, etc., salary changes 3159 Gwinnett; jurors provided, etc. 4018 Habersham; solicitor, secretary to, salary changed 3654 Hall; judge and solicitor, salaries changed 3773 Miller; judge, salary changed 2775 Mitchell; judge, etc., salary changes, etc. 3625 Sumter; clerk, salary increased, etc. 3152 Troup; judge, qualifications changed 3722

Page 1966

COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling; small claims court, jurisdiction changed, etc. 3588 Bacon; board of education, members' election, etc., referendum 2713 Bacon; small claims court, judge, residency requirements changed 2850 Baldwin; board of commissioners, chairman provisions changed 3301 Baldwin; small claims court, jurisdiction changed 3261 Barrow; board of commissioners, recreated, etc. 4033 Barrow; superior court clerk, etc., personnel salaries, etc. 3531 Bartow; commissioner, salary changed 3748 Bartow; probate court judge, salary changed 3746 Bartow; sheriff, salary changed 3742 Bartow; superior court clerk, salary changed 3744 Bartow; tax commissioner, salary changed 3740 Bibb; assistant district attorneys provided 1165 Bibb (Macon); urban development authority, bond provisions changed; proposed amendment to the Constitution 1827 Bibb (Macon); new charter, referendum 3818 Bleckley; additional judge provided 777 Bleckley; commissioner, salary changed 3241 Bleckley; county audit date changed 3980 Brooks; compensation to authorized 4261 Brooks; district attorney, investigator provided 321 Brooks; sheriff, prisoner feeding provisions changed 3113 Bryan; district attorney's office, additional secretary provided 1187 Bryan; state court judge, etc., eligibility requirements changed, etc. 3332 Bibb (Macon); Urban development authority, eminent domain procedure changed 3950 Bulloch; board of commissioners, salaries changed, etc. 3757 Bulloch; certain officers and employees, salary changes 3752 Bulloch; coroner, salary changed 3762 Bulloch; lease of land to authorized 1672 Bulloch; probate court, salaries of clerical employees changed 3770 Bulloch; state court judge and solicitor, salaries changed 3764 Bulloch; superior court clerk's employees, salaries changed 3754 Bulloch; tax commissioner, personnel salary changes 3760 Burke; conveyance of land to, authorized 1494 Butts; small claims court created 3006 Camden; tax commissioners, salary changed, referendum 2831 Carroll; board of education, election provided, etc., referendum 4479

Page 1967

Carroll; coroner, mileage allowance provided 3125 Catoosa; board of utilities commissioners, powers extended 3726 Catoosa; conveyance of land to authorized 427 Catoosa; (Lakeview-Fort Oglethorpe) stadium authority created; proposed amendment to the Constitution 1831 Chatham; certain industry tax exemption provided; proposed amendment to the Constitution 1916 Chatham; commissioners, etc., salary changes 3724 Chatham; state court, judge, additional, provided, etc. 2912 Chatham; state court, judge, etc., salary changes 2909 Chatham; water and sewer authority created 3676 Chattooga; board of commissioners created, etc., referendum 2694 Chattooga; probate court, budget provided, etc. 2751 Chattoga; superior court clerk, budget provided, etc. 2741 Chattooga; tax commissioner, budget provided, etc. 2741 Cherokee; superior court clerk, etc., personnel salaries, provisions changed 2998 , 3930 Cherokee; water and sewerage authority act amended, membership changed, etc. 3702 Clarke; additional judge provided 562 Clarke; board of commissioners, purchasing provisions changed 3628 Clarke; juvenile court judge, salary changed 3750 Clayton; board of commissioners, chairman, salary changed 2848 Clayton; justice of peace, jurisdiction changed; proposed amendment to the Constitution 1797 Clayton; probate court judge, salary changed 2866 Clayton; superior court clerk, etc., salary changed 2870 Clayton; tax commissioner, salary changed 2867 Cobb; homestead exemption, certain income excluded; proposed amendment to the Constitution 1904 Cobb; property disposition of dissolved municipalities provided; proposed amendment to the Constitution 1898 Coffee; commissioners, auditing procedures changed 2864 Colquitt; district attorney, investigator provided 321 Colquitt (Moultrie); Development authority bonds, interest rate changed; proposed amendment to the Constitution 1773 Colquitt; state court, terms changed 2648 Columbia; authority to license businesses in unincorporated area provided; proposed amendment to the Constitution 1792 Columbia; board of commissioners, election provisions changed 3140 Coweta; treasurer, office abolished, etc. 3576 Crawford; assistant district attorneys provided 1165 Dawson; sheriff, budget provided, etc. 3316 Decatur; land conveyance to, authorized 1386

Page 1968

Decatur; small claims court, jurisdiction changed, etc. 2652 Decatur; superior court clerk placed on salary 2549 , 3555 DeKalb; airport authority created 2926 DeKalb; board of commissioners, fine assessment changed 2658 DeKalb; certain claim payments provided; proposed amendment to the Constitution 1825 DeKalb; citizens' committee for efficient government created 4011 DeKalb; developmental disabilities planning and coordinating council created 2826 DeKalb (Fulton) Hospital Authority study committee created 1419 DeKalb; justice of the peace, qualifications provided, etc. 3111 DeKalb; justice of the peace, vacancy provisions made; proposed amendment to the Constitution 1882 DeKalb; notary public ex officio justice of the peace, office abolished 3109 DeKalb; property appraisal study committee created 4196 DeKalb; recorder's court, fine assessment changed 2656 DeKalb; recorder's court, inspectors provided, etc. 3976 DeKalb; revenue for art purposes provided; proposed amendment to the Constitution 1783 DeKalb; solid waste disposal authority; proposed amendment to the Constitution 1798 DeKalb; state court, costs changed 2906 DeKalb; state court judge, added, etc. 3488 DeKalb; state court; solicitor prohibited from practicing law, etc. 3986 DeKalb; superior court, district attorney, salary supplment limited, etc. 3986 District Attorneys, assistant, certain judicial circuits, compensation authorized 526 Dodge; additional judge provided 777 Dodge; board of education, election of members provided, etc.; proposed amendment to the Constitution 1776 Dodge; certain tax exemption provided; proposed amendment to the Constitution 1787 Dougherty; small claims court created 3164 Dougherty; state court, jurisdiction changed, etc. 3176 Douglas; board of commissioners, qualifications changed 2706 Douglas; land conveyance to, authorized 1520 Douglas; superior court judges, expense allowance supplemented 632 Echols; district attorney, investigator provided 321 Echols; probate judge, additional duties provided; proposed amendment to the Constitution 1821 Echols; tax commissioner, salary changed 4005 Elbert; land conveyance to, authorized 1502 Elbert; law library, furnishing books to authorized 4261 Evans; district attorney's office, additional secretary provided 1187

Page 1969

Fayette; board of commissioners, election provisions changed, etc., referendum 3398 Fayette; regulation of businesses in unincorporated area; proposed amendment to the Constitution 1883 Fayette; school superintendent, appointment authorized; proposed amendment to the Constitution 1850 Floyd; retirement system expanded; proposed amendment to the Constitution 1887 Floyd; superior court clerk, etc., chief deputy's salary changed 2920 Floyd; tax commissioner, salary of chief deputy changed 2917 Forsyth; development purpose tax levy authorized; proposed amendment to the Constitution 1920 Forsyth; merit system provided, proposed amendment to the Constitution 1796 Forsyth; superior court clerk, etc., personnel provisions changed 3130 Forsyth; tax commissioner, personnel provisions changed 3128 Forsyth; tax exemption, certain, provided; proposed amendment to the Constitution 1918 Franklin; advisory board, compensation changed 3607 Fulton; criminal court, demand for trial provisions changed, etc. 3019 Fulton; criminal court, personnel 3546 Fulton-DeKalb Hospital Authority study committee created 1419 Fulton; homestead exemption, income defined; proposed amendment to the Constitution 1924 Fulton; judges' and solicitor generals' retirement fund act amended 2507 , 3047 Fulton; ordinances, enactment of certain, authorized; proposed amendment to the Constitution 1880 Fulton; pension act amended 3259 Fulton; pension payments, rules establishment authorized 3043 Fulton; pension payments 3045 Fulton; state court created 3023 Fulton; tax exemption, cooperative ownerships changed; proposed amendment to the Constitution 1864 Fulton; teachers and employees retirement act amended 3051 , 3053 , 3056 , 3058 Glascock; board of commissioners, election of chairman, provisions changed 3728 Glascock; board of commissioners, salary changed, etc. 3730 Glascock; probate court judge, salary changed 3732 Glascock; tax commissioner, salary changed 3734 Glascock; treasurer, salary changed 3736 Glynn; board of commissioners, election of members, etc. 2949 Glynn; board of education, districts created, etc., referendum 4027 Glynn; certain alcoholic beverage sales authorized; proposed amendment to the Constitution 1896

Page 1970

Glynn; certain tax exemption provided; proposed amendment to the Constitution 1890 Glynn; probate court judge's deputies, salaries changed 3790 Glynn; sheriff's office, personnel provisions changed 3966 Glynn; state court, clerk, etc., salary changes 3159 Gordon; board of commissioners, bond provisions changed, etc. 3115 Grady; board of commissioners, terms changed, etc. 3251 Grady; board of education, compensation changes, referendum 3162 Gwinnett; state court, jurors provided, etc. 4018 Habersham; board of education, election of provided, referendum 2798 Habersham; board of education, superintendent's appointment provided, referendum 2803 Habersham; judge, supplemental salary authorized 1086 Habersham; state court secretary to solicitor, salary changed 3654 Hall; board of education, terms staggered; proposed amendment to the Constitution 1910 Hall; state court judge and solicitor, salaries changed 3773 Hancock; board of commissioners, election provisions, etc. 3292 Hancock; small claims court created 3263 Haralson; superior court judges, expense allowance supplemented 632 Heard; probate court judge, salary changed 2856 Heard; sheriff, salary changed 2854 Heard; superior court clerk, salary changed 2858 Heard; tax commissioner, salary changed 2852 Henry; board of commissioners, terms staggered 3616 Henry; sheriff, law enforcement powers vested in; proposed amendment to the Constitution 1902 Henry; small claims court created 4463 Henry; tax exemption for certain industries provided; proposed amendment to the Constitution 1900 Houston; board of commissioners, vacancy provisions changed 3982 Houston; branch offices for county business authorized; proposed amendment to the Constitution 1794 Houston; jurisdiction of justice of peace increased; proposed amendment to the Constitution 1752 Irwin; board of commissioners, chairman 3621 Irwin; land conveyance to authorized 1651 Jefferson; certain tax exemption provided; proposed amendment to the Constitution 1819 Jefferson; small claims court created 3687 Jenkins; board of commissioners, chairman, election changed 3643 Jenkins; chief deputy sheriff, salary changed, etc. 3630 Jenkins; probate court judge placed on salary 3648 Jenkins; small claims court created 2786

Page 1971

Jenkins; superior court clerk placed on salary 3645 Jenkins; tax commissioner, salary provisions changed, etc. 3650 Jones; board of commissioners, salaries changed 3319 Laurens (Dublin); development authority act amended, bonds, interest limitations removed 4007 Liberty; district attorney's office, additional secretary provided 1187 Liberty; industrial authority, membership changed; proposed amendment to the Constitution 1781 , 1823 Lincoln; assistant district attorney, office created 1173 Lincoln; tax commissioner placed on salary 3145 Lincoln; treasurer, salary changed 3711 Long; board of education, election, etc., referendum 3536 Long; district attorney's office, additional secretary provided 1187 Long; small claims court created, referendum 3321 Lowndes; board of commissioners, compensation changed, etc. 3126 Lowndes; district attorney, investigator provided 321 Lumpkin; school superintendent, appointment provided, etc., referendum 3945 Macon; recreation commission, conveyance of property to authorized 432 Madison; board of commissioners, salary changes, etc. 2733 Madison; tax commissioner, salary changed 2543 McDuffie; assistant district attorney, office created 1173 McDuffie; board of commissioners, salary changes 2846 McDuffie; sheriff, supplemental allowance provided 3713 McDuffie; superior court clerk, etc., salary changes 2842 McDuffie; tax commissioner, personnel salary changes, etc. 2839 McIntosh; district attorney's office, additional secretary provided 1187 Miller; state court, salary of judge changed 2775 Mitchell; state court judge, etc., salary changes, etc. 3625 Montgomery; additional judge provided 777 Muscogee; homestead exemption increased on certain property; proposed amendment to the Constitution 1913 Newton; board of commissioners, districts changed, etc., referendum 3402 Newton; board of commissioners, expense statements required 3032 Newton; board of education, competitive purchase bidding required 3559 Newton; board of education, election districts changed, etc., referendum 3505 Newton; small claims court created 3807 Oconee; additional judge provided 562 Oconee; board of commissioners, chairman, salary changed 3568 Oconee; board of commissioners; conveyance of land to, authorized 1587 Oconee; probate court judge, placed on salary 3570

Page 1972

Oconee; school superintendent, appointment provided, referendum 3935 Oconee; sheriff, automobile provisions changed 3563 Oconee; superior court clerk placed on salary 3565 Oconee; tax commissioner, salary changed, etc. 3578 Paulding; contracts, certain authority provided; proposed amendment to the Constitution 1817 Paulding; superior court judges, expense allowance supplemented 632 Peach; assistant district attorneys provided 1165 Pickens; sheriff, additional deputy provided 3548 Pierce; justice of the peace, jurisdiction increased, proposed amendment to the Constitution 1888 Polk; superior court judges, expense allowance supplemented 632 Pulaski; additional judge provided 777 Rabun; board of commissioners, self-insurance authorized 4014 Rabun; judge, supplemental salary authorized 1086 Richmond (Augusta); created, charter granted, referenda 4297 Richmond; merit system act amended, employees covered by act provided, etc. 4475 Richmond; Protestant Episcopal Society, act amended 3002 Richmond; superintendent of schools, vacancy provisions made 3738 Schley; board of commissioners, compensation changes 2806 Seminole; coroner placed on salary 2783 Seminole; small claims court, jurisdiction changed, etc. 2777 Seminole; superior court clerk, salary changed 2781 Sheriffs, certain, personnel, salaries changed 3964 Small claims courts, certain administrative fees provided 3042 Spalding; regulation of business in unincorporated area provided; proposed amendment to the Constitution 1771 , 1810 Spalding; small claims court, jurisdiction changed, etc. 2903 Stephens; judge, supplemental salary authorized 1086 Stewart; commissioner, salary changed 3699 Stewart, tax commissioner, salary changed 3698 Sumter; superior and state courts, clerks, salaries increased, etc. 3152 Taliaferro; assistant district attorney, office created 1173 Taliaferro; superior court clerk placed on salary 3802 Tattnall; district attorney's office, additional secretary provided 1187 Telfair; additional judge provided 777 Telfair; commissioner, salary changed 3603 Telfair; probate court judge, salary changed 3600 Telfair; sheriff, salary changed 3594 Telfair; superior court clerk, salary changed 3598 Telfair; tax commissioner, salary changed 3596 Terrell; deputy sheriff, salary changed 3239 Thomas; district attorney, investigator provided 321

Page 1973

Tift; board of commissioners, chairman, salary changed 3792 Tift; development authority, bond interest rate increased 2739 Toombs; board of commissioners, salary changed 3541 Towns; judge, supplemental salary authorized 1086 Towns; land conveyance to, authorized 1647 Towns; sheriff, personnel provided, etc. 2824 Troup; small claims court, jurisdiction changed, etc. 3718 Troup; state court judge, qualifications changed 3722 Union; judge, supplemental salary authorized 1086 Upson; certain contract authorization provided; proposed amendment to the Constitution 1893 Upson; probate court judge, budget, etc. 3511 Walker; superior court clerk, personnel salary changes, etc. 3798 Walker; tax commissioner, personnel salary changes, etc. 3795 Ware; board of commissioners, recall provisions made, etc. 3993 Ware; board of commissioners, salary changes; county manager provided, referendum 2811 Ware; officers, recall provisions made; proposed amendment to the Constitution 1851 Warren; assistant district attorney, office created 1173 Warren; board of commissioners, referendum on question of multi-member board authorized 3660 Warren; probate court, clerical assistance provided 3148 Washington; small claims court, jurisdiction changed, etc. 3640 Wayne; industrial development tax authorized; proposed amendment to the Constitution 1892 Wheeler; additional judge provided 777 Whitfield; small claims court created; proposed amendment to the Constitution 1849 Wilkes; assistant district attorney, office created 1173 Wilkes; small claims court, jurisdiction changed, etc. 2945 COUNTY-WIDE GOVERNMENTS Augusta-Richmond; created, charter granted, referenda 4297 Columbus; jailer required to keep prisoner record 2708 Columbus; land conveyance to, authorized 575 Columbus; municipal court judge, vacancy provisions changed 2727 Macon-Bibb; new charter, referendum 3818 COUNTY AND COUNTY MATTERS BY POPULATION 6,700-6,825; treasurer, appointment authorized 2802 7,330-7,550; board of elections provided 3313 , 3636 8,750-8,950; small claims courts, jurisdiction changed 3586 9,977-10,140; small claims court, act creating repealed 3274 10,600-10,900; sheriffs, salaries changed, etc. 3123 15,950-16,500; grand juries, presence of stenographer authorized, etc. 2638 17,830-18,080; certain hospital board authorities, member composition changed 3250

Page 1974

22,325-22,330; superior court clerks, mailing fees provided 426 22,830-23,500; small claims courts, jurisdictional amounts changed 2721 23,450-23,550; probate court clerks, appointment provided 1094 23,600-25,000; board of elections created, certain 3617 31,600-32,300; receipt of certain tax returns prohibited 4021 32,000-32,300; tax return time changed 1155 32,300-32,600; small claims courts created 4040 32,700-33,400; county treasurer, compensation 2540 35,000-44,000; certain expense reimbursement provided 4001 35,000-44,000; coroners salaries fixed 3004 35,000-44,000; superior court clerk, etc., salary fixed 3003 35,000-44,000; tax commissioners, salaries fixed 3005 55,110-58,000; coroners, salaries changed 3121 60,000-65,000; board of elections created 3635 70,000 or more; special purpose grand juries provided, etc. 982 70,000-100,000; county tax digests, separate color requirements deleted 2726 79,600-81,000; superior court judge emeritus, certain payment provided 4089 90,000-140,000; certain pauper burial expenses provided 3786 90,000-140,000; coroner, compensation fixed, etc. 2655 103,000-135,000; district attorney, assistant, office created 3584 145,000-165,000; certain officials and personnel, salaries changed 3155 145,000-165,000; superior court clerks, personnel provided 3491 165,000-175,000; coroners, salaries changed 2732 168,000-195,000; law libraries, cost provisions changed, etc. 560 170,000-195,000; board of zoning appeals, membership increase authorized 3801 180,000-190,000; grand juries, certain investigative, provided 1163 200,000 or more; county tax digests, separate color requirements deleted 2726 200,000-600,000; intoxicating beverages, certain Sunday sales provided, referendum 2809 250,000-500,000; bond issuance provisions 1901 250,000-500,000; tax collection study commission dissolution provided, etc. 2725 400,000 or more cities, containing; meetings required 3137 400,000-500,000; certain tax payment receipts need not be furnished 3605 600,000 or more; marriage licenses, location for obtaining provided 684 600,000 or more; probate courts, office locations 682 COUNTIES AND COUNTY MATTERS HOME RULE ACTIONS DeKalb; pension board, certain investments authorized 4491 DeKalb; purchases, increase of ceiling on provided 4486

Page 1975

Fulton; fire prevention system prohibition removed, etc. 4496 Richmond; employees' pension fund act amended 4500 MUNICIPAL CORPORATIONS NAMED CITIES Adel; charter amended, corporate limits changed, etc. 2757 Albany; central, development authority created, etc., referendum; proposed amendment to the Constitution 1854 Albany; charter amended, certain park jurisdiction provided 3143 Athens; charter amended, employees pension plan amended 2640 Athens; downtown development authority, eminent domain power granted; proposed amendment to the Constitution 1912 Atlanta; charter amended, corporate limits changed 3553 , 3674 Atlanta; Metropolitan Express System Development Plan, authorized 1518 Atlanta; metropolitan rapid transit authority act amended, certain investment interest purposes limited 3098 Atlanta; metropolitan rapid transit system act amended, election of secretary and treasurer provided 3407 Atlanta; metropolitan rapid transit authority act amended, public meeting requirements changed 3104 Atlanta; metropolitan rapid transit authority act amended, reporting requirements changed 3092 Atlanta; revenue bonds, certain guarantee provided; proposed amendment to the Constitution 1869 Auburn; charter amended, member attendance, etc. 2541 Augusta; charter amended, certain succession of council members prohibited, etc. 3787 Augusta; Protestant Episcopal Society, act amended 3002 Augusta (Richmond); created, charter granted, referenda 4297 Austell; charter amended, corporate limits changed 3778 Baconton; new charter 2552 Bainbridge; charter amended, penalty provisions changed 2650 Bainbridge; land conveyance to, authorized, etc. 1593 Barnesville; charter amended, violation provisions changed 3544 Baxley; charter amended, corporate limits extended 3671 Berlin; new charter 2509 Blackshear; charter amended, recorder's court, jurisdiction changed 3551 Brooks; charter amended, terms of certain offices changed, etc. 3609 Buchanan; charter amended, powers extended 3662 Calhoun; sale of land to, authorized 707 Camak; charter amended, terms of officials changed 3310 Camilla; downtown development authority established; proposed amendment to the Constitution 1812 Concord; charter amended, officials' terms changed, etc. 3150 Coolidge; new charter 2872

Page 1976

Cornelia; charter amended, recorder's court, provisions changed 3939 Dalton; charter amended, corporate limits changed 3492 Dalton; charter amended, recorder, salary changed 2916 Dawson; charter amended, maximum millage rate reduced 2838 Decatur; charter amended, corporate limits changed 2923 Dublin; downtown development authority authorized; proposed amendment to the Constitution 1860 Dublin (Laurens); development authority act amended, bonds, interest limitations removed 4007 Duluth; charter amended, election provisions changed 3534 East Point; charter amended, councilmen's qualifications changed, etc. 3486 East Point; charter amended, mayor and council, functions changed, etc. 3417 East Point; charter amended, provisions for dismissal of employees provided 3414 Eatonton; charter amended, corporate limits changed 3305 Euharlee; new charter, referendum 4090 Fort Oglethorpe; charter amended, salaries of aldermen changed 3794 Fort Oglethorpe (Lakeview)-Catoosa County stadium authority created; proposed amendment to the Constitution 1831 Fort Valley; redevelopment authority created 3520 Gay; charter amended, terms of office changed, etc. 3776 Glenwood; charter amended, franchise provision changed 2547 Grantville; charter amended, recorder's court created, etc. 2994 Hahira; public authority for telephonic communications authorized; proposed amendment to the Constitution 1885 Hampton; former charter repealed 3612 Hazlehurst; charter amended, election date changed 3592 Hoboken; new charter 3060 Hogansville; new charter, referendum 2588 Homerville; charter amended, election provisions changed, etc. 3253 Jackson; charter amended, audit provisions changed, etc. 3706 Jefferson; land conveyance to, authorized, etc. 1629 Kennesaw; charter amended, corporate limits changed 3295 Kingsland; charter amended, certain terms of office staggered, etc. 2833 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; proposed amendment to the Constitution 1831 Lexington; charter amended, recorder's court 3284 Lithonia; charter amended, recorder's court, fines 3138 Locust Grove; new charter 4426 Lovejoy; new charter 3897 Luthersville; charter amended, terms of office changed 3783 Lyerly; new charter 4051 Lyerly; tax limitation, exemption from provided 421 Macon (Bibb); new charter, referendum 3818

Page 1977

Macon-Bibb; urban development authority, bond provisions changed; proposed amendment to the Constitution 1827 Macon (Bibb); urban development authority, eminent domain procedure changed 3950 Macon; charter amended, budget control provided, etc. 3997 Madison; charter amended, terms of officers changed, etc. 2504 Marietta; homestead exemptions, certain income excluded in qualification for; proposed amendment to the Constitution 1789 Marietta; lease to authorized 340 Marietta; retirement benefits increased; proposed amendment to the Constitution 1872 Maysville; charter amended, contract provisions changed 3715 McDonough; charter amended, term of mayor changed 3613 Meansville; new charter 3336 Meigs; new charter 4393 Menlo; charter amended, corporate limits changed 2836 Milledgeville; charter amended, referendum authorized 3282 Milledgeville; charter amended, term of mayor changed, etc., referendum 3278 Milledgeville; charter amended, terms of certain officials changed, etc. 2820 Millen; charter amended, election date changed, etc. 3275 Monroe; charter provisions changed, corporate powers changed 3805 Moultrie (Colquitt County); Development authority bonds, interest rate changed; proposed amendment to the Constitution 1773 Mountain View; charter amended, certain tax levy provided, etc. 3970 Mountain View; charter repeal provided, referendum 3974 Norman Park; new charter 2661 Nunez; charter amended, terms of office changed 3938 Palmetto; charter amended, election of councilmen changed 3626 Patterson; charter amended, certain terms of office changed, etc. 3683 Pineview; charter amended, terms of office changed 2711 Plains; new charter 4161 Pooler; new charter 3419 Port Wentworth; charter amended, corporate limits changed 3573 , 3984 Porterdale; charter amended, vacancy provisions, etc. 3561 Powder Springs; certain homestead exemption provided; proposed amendment to the Constitution 1908 Powder Springs; charter amended, charter repeal provisions, referendum 3656 Richmond Hill; charter amended, corporate limits changed, referendum 3288 Roberta; new charter 4127 Rockmart; charter amended, election date changed 4022

Page 1978

Rome; charter amended, loan provisions changed 3308 Royston; land conveyance authorized 736 Sale City; charter amended, garbage collection authorized, etc. 3633 Savannah; charter amended, corporate limits changed 3990 Savannah; municipal court judge, salary changed 3334 Smyrna; certain homestead exemption provided; proposed amendment to the Constitution 1929 Smyrna; charter amended, election date changed, etc. 3244 Summerville; charter amended, road closing, etc. 3515 Swainsboro; land conveyance to authorized, etc. 1605 Tallapoosa; new charter 4262 Thomaston; certain contract authorization provided; proposed amendment to the Constitution 1893 Toccoa; charter amended, corporate limits changed 4199 Toccoa; charter amended, election date clarified 3582 Uvalda; charter amended, franchise provisions changed 2545 Valdosta; new charter 3185 Vidalia; charter amended, certain franchise, etc., restrictions removed 2862 Vidalia; charter amended, primary election provision repealed 2860 Warner Robins; charter amended, contract provisions changed, etc. 3518 Warner Robins; charter amended, corporate limits changed 3953 Washington; land conveyance authorized 723 Watkinsville; charter amended, mayor's court, presiding officer appointment authorized 3606 Waynesboro; new charter, referendum 2954 White Plains; charter amended, terms of office changed 2730 MUNICIPALITIESBY POPULATION 150,000 or more; certain pension act amended 3257 150,000 or more; fire department pensions, marriage provisions changed 3050 300,000 or more; Sunday sale of intoxicating beverages provided 2722 400,000 or more; licensing fee of astrologist act repealed 4010 400,000 or more within certain counties; meetings required 3137 MUNICIPALITIESHOME RULE AMENDMENTS Alma; charter amended, election provisions changed 4514 Alma; charter amended, fiscal year 4516 Alma; charter amended, sanitary and health services 4517 Atlanta; charter amended, board of education 4519 Atlanta; charter amended, civil service 4522 Atlanta; charter amended, civil service board members 4532 Atlanta; charter amended, development plans provided 4534 Atlanta; charter amended, sales and disposition of certain property provided 4538

Page 1979

Buford, charter amended, millage rate limitation eliminated 4540 College Park; charter amended, pension fund 4547 Columbus; charter amended, millage limitation reduced 4551 Duluth; charter amended, elections 4556 East Point; charter amended, new retirement plan 4561 East Point; charter amended, retirement system, ordinance amended 4616 Fitzgerald; charter amended, elections 4621 Griffin; charter amended, procedure for payment of monies provided 4632 Jesup; charter amended, purchasing provisions changed 4635 Morrow; charter amended, bonded indebtedness restrictions changed 4639 Morrow; charter amended, city seal, etc. 4643 Palmetto; charter amended, city employees 4647 Thomasville; charter amended, elections 4650 RESOLUTIONS AUTHORIZING COMPENSATION Alexander, Sherry T.; compensation to authorized 4195 Boston Farm Center, Inc.; compensation to authorized 4088 Brooks County; compensation to authorized 4261 Cox, Dennis M.; compensation authorized 4087 Drew, Doyle L.; compensation to provided 4424 Hilley, Floyd M.; compensation to authorized 4124 Lynch, S. M., Mr. and Mrs.; compensation to authorized 4158 McGarrah, L. C.; compensation to authorized 4294 Meador, Thomas Dale; compensation to provided 4391 Odom, Edwin J.; compensation to authorized 4125 Ryan, Gail E.; compensation to authorized 4123 Toles, Hugh M. compensation to authorized 4198 Wall, Daniel; compensation to provided 4425 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Bainbridge, City of; land conveyance to authorized, etc. 1593 Berry Schools, Inc.; land conveyance to authorized 1484 Branigar Organization, Inc., easement conveyance authorized 1409 Bulloch County; lease of land to authorized 1672 Burke County; conveyance of land to, authorized 1494 Calhoun, City of; sale of land to, authorized 707 Catoosa County; conveyance of land to authorized 427 Chattanooga, Tennessee, property; purchase approved 1685 Columbus, City of; land conveyance to, authorized 575 Decatur County; land conveyance to, authorized 1386 Department of Transportation land conveyance to, authorized 1527 Douglas County; land conveyance to, authorized 1520 Elbert County; land conveyance to, authorized 1502

Page 1980

Georgia Pacific Corporation, easement to, authorized 225 Ida Cason Callaway Foundation; land conveyance to, authorized 1515 Imlac Community Club; conveyance authorized 571 Irwin County; land conveyance to authorized 1651 Jefferson, City of; land conveyance to, authorized, etc. 1629 Macon County Recreation Commission; conveyance of property to authorized 432 Marietta, City of; lease to authorized 340 Oconee County Board of Commissioners; conveyance of land to, authorized 1587 Pierpont-Corbett Box Company, Inc., irrevocable easement to authorized 229 Ross Chapel Church; conveyance of land to, authorized 1675 Royston, City of, land conveyance authorized 736 Swainsboro, City of; land conveyance to authorized, etc. 1605 Towns County; land conveyance to authorized 1647 Tucker, Mrs. Adele Louise; conveyance of land to authorized, etc. 1404 Union Camp Corporation; land easement authorized 429 United Daughters of the Confederacy, possibility of reverter conveyance authorized 1665 United States Government, land conveyance authorized 1636 Washington, City of; land conveyance authorized 723 Wrightsboro Quaker Community Foundation, Inc., land conveyance to authorized 1642 MISCELLANEOUS RESOLUTIONS DeKalb County property appraisal study committee created 4196 Education Laws Study Committee created 1535 Elbert; law library, furnishing books to authorized 4261 Fulton-DeKalb Hospital authority study committee created 1419 Geo. L. Smith II State Park designated 1499 Henry G. McKemie Bridge designated 2503 Ingram-Hogan Building designated, etc. 1493 James L. Gillis, Sr. Memorial Highway designated 2785 Lanier Parkway Designated 183 Metropolitan Atlanta Express System Development Plan; authorized 1518 Peach blossom trail designated 4160 Power Plant Siting Study Committee created 181 Robert Battey Surgical Building designated 1505 Small and Minority Owned Businesses Study Committee created 1525 Troubled Children Study Committee created 1489

Page 1981

INDEX A ADEL, CITY OF Charter amended, corporate limits changed, etc. 2757 ADVISORY BOARD OF VETERINARY MEDICINE ACT Amended 753 ADVISORY COUNCIL FOR PERSONNEL ADMINISTRATION ACT Amended 1486 AGRICULTURE Animals, etc., certain quarantine authorized 335 Department, registration license and permit act amended 187 Georgia Biologicals Permit Act Amended 334 Grain dealers regulated 512 Farmers market, licensing provided 678 Pecans, certain ownership of falling, provided, etc. 272 Pesticide control act, enacted 282 Structural pest control act, amended 308 AGRIRAMA DEVELOPMENT AUTHORITY ACT Amended, membership changed 698 ALBANY, CENTRAL, DEVELOPMENT AUTHORITY Created, etc., referendum; proposed amendment to the Constitution 1854 ALBANY, CITY OF Charter amended, certain park jurisdiction provided 3143 ALCOHOLISM TREATMENT ACT Effective date changed 1007 ALEXANDER, SHERRY T. Compensation to authorized 4195 ALMA, CITY OF See also tabular indexMunicipalities, Home Rule Amendments

Page 1982

ANIMALS, ETC. Certain quarantine authorized 335 APPEALS Death cases, transcript preparation time provided, etc. 991 APPLING COUNTY Small claims court, jurisdiction changed, etc. 3588 APPROPRIATIONS General, Amended 3 General, enacted 785 ARCHITECTS Disclosure of certain State paid fees to, provided 978 ARMED ROBBERY Provisions changed 1359 ARSON AND RELATED OFFENSES Redefined 1497 ARTS AND HUMANITIES, COUNCIL FOR Created 748 ATHENS, CITY OF Downtown development authority, eminent domain power granted; proposed amendment to the Constitution 1912 Employees pension plan amended 2640 ATLANTA, CITY OF See also tabular indexMunicipalities, Home Rule Amendments Charter amended, corporate limits changed 3553 , 3674 Metropolitan rapid transit authority act amended, certain investment interest interest purposes limited 3098 Metropolitan rapid transit system act amended, election of secretary and treasurer provided 3407 Metropolitan rapid transit authority act amended, public meeting requirements changed 3104 Metropolitan rapid transit authority act amended, reporting requirements changed 3092

Page 1983

ATLANTA, CITY OF Revenue bonds, certain guarantee provided; proposed amendment to the Constitution 1869 ATLANTIC JUDICIAL CIRCUIT District attorney's office, additional secretary provided 1187 ATTORNEYS Corporation, etc., certain practice of law by, provided 1511 Disclosure of certain State-paid fees to, provided 978 Divorce fees, may sue to enforce 1017 AUBURN, TOWN OF Charter amended, member atendance, etc. 2541 AUGUSTA, CITY OF Charter amended, certain succession of council members prohibited, etc. 3787 Protestant Episcopal Society, act amended 3002 AUGUSTA-RICHMOND COUNTY Charter granted, referenda 4297 AUSTELL, CITY OF Charter amended, corporate limits changed 3778 AUTHORITIES State and local, contracts for supplies, etc., certain preference required 181 AUTOMOBILES Entering with certain criminal intent penalized 186 B BACON COUNTY Board of education, members' election, etc., referendum 2713 Small claims court, judge, residency requirements changed 2850

Page 1984

BACONTON, CITY OF New charter 2552 BAIL Drivers' licenses, on arrest, exemption provided 213 Married women authorized as sureties 478 BAINBRIDGE, CITY OF Charter amended, penalty provisions changed 2650 Land conveyance to, authorized, etc. 1593 BALDWIN COUNTY Board of commissioners, chairman provisions changed 3301 Small claims court, jurisdiction changed 3261 BANKRUPTCY Petitions of counties, municipalities, political subdivisions, etc., prohibited 1557 BANKS AND BANKING Holding companies redefined, etc. 168 Loans by international banking corporations authorized, etc. 201 BARNESVILLE, CITY OF Charter amended, violation provisions changed 3544 BARROW COUNTY Board of commissioners recreated, etc. 4033 Superior court clerk, etc., personnel salaries, etc. 3531 BARTOW COUNTY Commissioners, salary changed 3748 Probate court judge, salary changed 3746 Sheriff, salary changed 3742 Superior court clerk, salary changed 3744 Tax commissioner, salary changed 3740 BAXLEY, CITY OF Charter amended, corporate limits extended 3671 BEARS Certain beehive owner destruction authorized 475

Page 1985

BEEF, FOREIGN Purchase by certain State Board, etc., prohibited 1650 BEEHIVE OWNERS Certain bear destruction authorized 475 BERLIN, CITY OF New charter 2509 BERRY SCHOOLS, INC. Land conveyance to, authorized 1484 BIBB COUNTY Assistant district attorneys provided 1165 (Macon), New Charter, referendum 3818 (Macon), Urban Development Authority, bond provisions changed; proposed amendment to the Constitution 1857 (Macon), Urban Development Authority, eminent domain procedures changed 3950 BINGO Lottery exemption provided; proposed amendment to the Constitution 1874 BLACKSHEAR, CITY OF Recorders' court, jurisdiction changed 3551 BLECKLEY COUNTY Additional judge provided 777 Commissioner, salary changed 3241 County audit date changed 3980 BLOOD Donations, public employees, leaves authorized 165 BLOOD LABELING ACT, THE Enacted 353 BOARD OF EDUCATION Purchase of foreign beef prohibited 1650 BOARD OF ELECTIONS Certain counties, provided (7,330-7,550) 3313 , 3636 Certain, created (23,600-25,000) 3617 Created (60,000-65,000) 3635

Page 1986

BOARD OF EXAMINERS OF WARM AIR HEATING CONTRACTORS Qualification of members changed 1082 BOARD OF FUNERAL SERVICES ACT Amended 233 BOARD OF REGENTS Elderly citizens program, certain, authorized; proposed amendment to the Constitution 1876 Female admission to branch colleges, provision stricken 1510 Sovereign immunity provided 452 BOARD OF ZONING APPEALS Membership increase authorized (170,000-195,000) 3801 BOARDS OF TAX ASSESSORS Penalty provisions changed 1042 Penalty provisions provided 1071 BOAT SAFETY ACT, GEORGIA Amended, traffic regulated, etc. 1632 BONDS Agents receiving monies for third persons, requirements provided, etc. 558 Counties, issuance provisions (250,000-500,000) 1091 Married women, authorized as sureties on bail bonds 478 BOOKS State, surplus, donation of provided; proposed amendment to the Constitution 1764 BOSTON FARM CENTER, INC. Compensation to authorized 4088 BRANIGAR ORGANIZATION, INC. Easement conveyance authorized 1409 BROOKS COUNTY Compensation to authorized 4261 District attorney, investigator provided 321 Sheriff, prisoner feeding provisions changed 3113

Page 1987

BROOKS, TOWN OF Charter amended, terms of certain offices changed, etc. 3609 BRYAN COUNTY District attorney's office, additional secretary provided 1187 Judge, etc., eligibility requirements changed, etc. 3332 BUCHANAN, CITY OF Charter amended, powers extended 3662 BUFORD, CITY OF See also tabular indexMunicipalities, Home Rule Amendments BULLOCH COUNTY Board of commissioners, salaries changed, etc. 3757 Certain officers and employees, salary changes 3752 Coroner, salary changed 3762 Lease of land to authorized 1672 Probate court, clerical employees, salaries changed 3770 Sheriff and deputies, salaries changed 3767 State court judge and solicitor, salaries changed 3764 Superior court clerk's employees, salaries changed 3754 Tax commissioner, personnel salary changes 3760 BUREAU OF COMMUNITY AFFAIRS Director appointment provided, etc. 651 BURKE COUNTY Conveyance of land to, authorized 1494 BUTTS COUNTY Small claims court created 3006 C CALHOUN, CITY OF Sale of land to, authorized 707 CAMAK, TOWN OF Charter amended, terms of officials changed 3310

Page 1988

CAMDEN COUNTY Tax commissioner, salary changed, referendum 2831 CAMILLA, CITY OF Downtown development authority established; proposed amendment to the Constitution 1812 CAMPAIGN AND FINANCIAL DISCLOSURE ACT Amended, reports, etc. 1423 CARROLL COUNTY Board of education, election provided, etc., referendum 4479 Coroner, mileage allowance provided 3125 CATOOSA COUNTY Board of utilities commissioners, powers extended 3726 Conveyance of land to authorized 427 CENTRAL ALBANY DEVELOPMENT AUTHORITY Created, etc., referendum; proposed amendment to the Constitution 1854 CERTIFIED PUBLIC MANAGEMENT PROGRAM Authority in State government 338 CERTIFIED REGISTERED NURSE ANETHESTISTS ACT Amended, provisions changed 1361 CHATHAM COUNTY Certain industry tax exemption provided; proposed amendment to the Constitution 1916 Commissioners, etc., salary changes 3724 Judge, additional, provided, etc. 2912 State court, judge, etc., salary changes 2909 Water and sewer authority created 3676 CHATTANOOGA, TENNESSEE, PROPERTY Purchase approved 1685

Page 1989

CHATTOOGA COUNTY Board of commissioners created, etc., referendum 2694 Probate court, budget provided, etc. 2751 Superior court clerk, budget provided, etc. 2741 Tax commissioner, budget provided, etc. 2741 CHEROKEE COUNTY Superior court clerk, etc., personnel salaries, provisions changed 2998 , 3930 Water and sewerage authority act amended, membership changed, etc. 3702 CHILD SUPPORT RECOVERY ACT Amended 1537 CHILDREN Certain imprisonment prohibited 1064 Custody of, provisions changed 1050 Driver's licenses, identification cards 1421 Grandparents, certain visitation rights in, provided 247 Interstate compact on juveniles act, amended 1070 Nutritional screening of certain, provided 616 Sale of intoxicating beverages by, prohibited 409 Support recovery act amended 1537 Torts, certain parental liability provisions changed, etc. 511 Youth act amended 1066 CHILDREN AND YOUTH ACT Amended 1066 CHIROPRACTORS Certain student performance provided 1054 CITY OF DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITY ACT Amended, interest limitations removed 4007 CIVIL DEFENSE ACT, GEORGIA Amended, rescue organizations exemption 1590 CIVIL PRACTICE ACT Amended, medical malpractice actions, etc. 1047 Divorce, time for trials changed 1677

Page 1990

CLARKE COUNTY Additional judge provided 562 Board of commissioners, purchasing provisions changed 3628 Juvenile court judge, salary changed 3750 CLAYTON COUNTY Board of commissioners, chairman, salary changed 2848 Clerk, etc., salary changed 2870 Justice of peace, jurisdiction changed; proposed amendment to the Constitution 1797 Probate court judge, salary changed 2866 Tax commissioner, salary changed 2867 CLINICAL LABORATORIES ACT Amended, certain medical schools exempted 1362 COBB COUNTY Homestead exemption, certain income excluded; proposed amendment to the Constitution 1904 Municipalities, dissolved, disposition of property of, provided; proposed amendment to the Constitution 1898 CODE OF ETHICS State government boards, etc. 344 CODE OF PUBLIC TRANSPORTATION Amended 775 Amended, enforcement officers duties specified, etc. 1500 Amended, outdoor advertising permits, provisions changed 1508 CODE REVISION STUDY COMMITTEE Created 739 COFFEE COUNTY Commissioners, auditing procedures changed 2864 COLLEGE PARK, CITY OF See also tabular indexMunicipalities, Home Rule Amendments

Page 1991

COLQUITT COUNTY District attorney, investigator provided 321 (Moultrie), development authority bonds, interest rate changed; proposed amendment to the Constitution 1773 State court, terms changed 2648 COLUMBIA COUNTY Authority to license businesses in unincorporated area provided; proposed amendment to the Constitution 1792 Board of commissioners, election provisions changed 3140 COLUMBUS See also tabular indexMunicipalities, Home Rule Amendments Jailer required to keep prisoner record 2708 Land conveyance to, authorized 575 Municipal court judge, vacancy provisions changed 2727 COMMERCE, DEPARTMENT OF Act amended, certain grant provisions changed 650 COMMON CARRIERS Malt beverages, certain distribution authorized 508 Wine, certain common carrier distribution authorized 509 COMMUNITY AFFAIRS, BUREAU OF Director appointment provided, etc. 651 COMMUNITY DEVELOPMENT, DEPARTMENT OF Name changed; proposed amendment to the Constitution 1767 COMPULSORY SCHOOL ATTENDANCE ACT Amended 768 CONCORD, CITY OF Charter amended, officials' terms changed, etc. 3150 CONFEDERATE SOLDIERS Certain revenue exemption repealed 264

Page 1992

CONSERVATION RANGER ACT Enacted 522 CONSTITUTION United States, proposed amendment requested 184 CONSTITUTION, NEW Resolution, referendum 1198 CONSTITUTIONAL EXECUTIVE OFFICERS Succession to office on disability provided, etc.; proposed amendment to the Constitution 1770 CONSULAR CORPS License plates act 215 CONSULTANTS Disclosure of certain State-paid fees to, provided 978 CONTRACTS Certain settlements with injured persons prohibited 202 State and local, certain purchase preference required 181 COOLIDGE, CITY OF New charter 2872 CORNELIA, CITY OF Charter amended, recorder's court, provisions changed 3939 CORONER Compensation fixed, etc. (90,000-140,000) 2655 Salaries changed (55,110-58,000) 3121 Salaries changed (165,000-175,000) 2732 Salaries fixed (35,000-44,000) 3004 CORPORATION CODE Amended 1102 , 1576

Page 1993

CORPORATIONS Etc., certain practice of law by, provided 1511 Taxation provisions clarified 646 Tax returns of certain corporations provided, etc. 1580 Utilities, interference with, penalized 773 CORRECTIONS, STATE BOARD OF Prisoners 949 COUNTIES Bankruptcy petitions prohibited 1557 Board of elections provided (7,330-7,550) 3313 , 3636 Board of elections created (23,600-25,000) 3617 Board of elections created (60,000-65,000) 3635 Board of equalization, alternate members provided 276 Boards of equalization, appeal time changed 366 Boards of health, authorized to contract, etc. 1420 Board of zoning appeals, membership increase authorized (170,000-195,000) 3801 Bond issuance provisions (250,000-500,000) 1091 Bonds, proceeds investment provided 400 Coroners, salaries fixed (35,000-44,000) 3004 Coroners, salaries changed (55,110-58,000) 3121 Coroners, salaries fixed, etc. (90,000-140,000) 2655 Coroners, salaries changed (165,000-175,000) 2732 Courthouse, etc., required to remain open during working hours 1522 District Attorneys, assistant, certain judicial circuits, compensation authorized 526 District attorney, assistant office created (103,000-135,000) 3584 Expense reimbursement, certain provided 3001 Grand juries, certain investigative, provided, (180,000-190,000) 1163 Grand juries, special purpose, provided, etc. (70,000 or more) 982 Hospital board authorities, member compensation changed (17,830-18,080) 3250 Law libraries, board of trustees, provisions changed 700 Law libraries, cost provisions changed (168,000-195,000) 560 Marriage licenses, location for obtaining provided (600,000 or more) 684 Mechanical jury selection, provisions made for, etc. 438 Meetings required certain, (400,000 or more cities) 3137 Officers, certain age eligibility changed, etc. 464 Officers, certain suspension on felony conviction provided 277 Officials and personnel, salaries changed (145,000-165,000) 3155 Paupers, burial expenses provided (90,000-140,000) 3786

Page 1994

Personal property, certain tax exemption provided; proposed amendment to the Constitution 1755 Planning and zoning power provided 1014 Probate courts, office locations (600,000 or more) 682 Property tax litigation, tender of taxes, condition precedent to suit 1154 Purchase of foreign beef prohibited 1650 Sheriff's personnel, certain salaries changed 3964 Sheriffs, salaries changed, etc. (10,600-10,900) 3123 Superior court clerk, etc., salary fixed 3003 Small claims court, act creating repealed (9,977-10,140) 3274 Small claims courts, certain, administrative fees provided 3042 Small claims court created 4040 Small claims courts, jurisdiction changed (8,750-8,950) 3586 Solar energy, certain tax exemption provided; proposed amendment to the Constitution 1765 Superior court clerks, personnel provided (145,000-165,000) 3491 Superior court judge emeritus, certain, payment provided (79,600-81,000) 4089 Tax assessors, equalization board, qualifications changed 1744 Tax collectors and commissioners, minimum salaries provided 988 Tax commissioners, salary fixed (35,000-44,000) 3005 Tax digests separate color requirements deleted (200,000 or more, 70,000-100,000) 2726 Tax notice information, requirements 518 Tax payment receipts, certain, need not be furnished (400,000-500,000) 3605 Tax returns, receipt of certain, prohibited (31,600-32,300) 4021 Tax return time changed (32,000-32,300) 1155 Treasurer, appointment authorized (6,700-6,825) 2802 Uniform property taxation staff appraisers, salaries supplemented 446 COUNTY LAW LIBRARIES Board of trustees, provisions changed, etc. 700 COUNTY MOBILE HOME PERMIT ACT Amended 1186 COWETA COUNTY Treasurer, office abolished, etc. 3576

Page 1995

COX, DENNIS M. Compensation authorized to 4087 CRAB PEELERS, ETC. Definition provided, etc. 771 CRAWFORD COUNTY Assistant district attorneys provided 1165 CRIME INFORMATION CENTER, GEORGIA, ACT Amended 617 , 1401 CRIMES Armed robbery, provisions changed 1359 Arson and related offenses redefined 1497 Automobile, entering with certain criminal intent 186 Certain surveillance equipment use, not unlawful, etc. 1100 Dangerous instrumentalities, act amended 1430 Firearms, felonies committed with, provisions changed 1591 Mortgaged motor vehicles, wrongful sale, penalty increased, etc. 637 Peace officer, aggravated assault on, etc. 543 Perjury and falsifications redefined 483 Prisoners, providing with certain items penalized 1506 Public transit buses, etc., certain acts on, prohibited 1645 School lunches, false information, penalty provided 638 Schools, certain disruption prohibited 480 Telecommunication service avoidance of payment for, provisions clarified 1179 Theft by conversion of payments for property improvements prohibited 1456 Utilities, interference with certain, penalized 773 CRIMINAL PROCEDURE Certain weapon disposition authorized 167 Death cases, transcript preparation time provided, etc. 991 Misdemeanor sentences, service of certain, provided 210 CURRICULUM STUDY COMMITTEE Created 568

Page 1996

D DALTON, CITY OF Charter amended, corporate limits changed 3492 Charter amended, recorder, salary changed 2916 DANGEROUS DRUGS Further defined 631 DANGEROUS INSTRUMENTALITIES Crimes involving, act amended 1430 DAWSON, CITY OF Charter amended, maximum millage rate reduced 2838 DAWSON COUNTY Sheriff, budget provided, etc. 3316 DEALERS IN USED MOTOR VEHICLE PARTS REGISTRATION ACT Amended 1073 DEATH CERTIFICATES Provisions changed, etc. 677 DECATUR, CITY OF Charter amended, corporate limits changed 2923 DECATUR COUNTY Land conveyance to, authorized 1386 Small claims court, jurisdiction changed, etc. 2652 Superior court clerk placed on salary 2549 , 3555 DEEDS Etc., recording, execution before certain officer without jurisdiction 521 Secondary security, interest definition clarified 726 DEER Certain destruction authorized 645

Page 1997

DEKALB COUNTY See also tabular indexCounties, Home Rule Amendments Airport authority created 2926 Board of commissioners, fine assessment changed 2658 Certain claim payments provided; proposed amendment to the Constitution 1825 Citizens' committee for efficient government created 4011 Developmental disabilities planning and coordinating council created 2826 Justice of the peace, qualifications provided, etc. 3111 Justice of the Peace, vacancy provisions made; proposed amendment to the Constitution 1882 Notary public ex officio justice of the peace, office abolished 3109 Property appraisal study committee created 4196 Recorder's court, fine assessment changed 2656 Recorder's court, inspectors provided, etc. 3976 Revenue for art purposes provided; proposed amendment to the Constitution 1783 Solid waste disposal authority; proposed amendment to the Constitution 1798 State court, costs changed 2906 State court judge added, etc. 3488 Superior court, etc., district attorney, salary supplement limited, etc. 3986 DEKALB (FULTON) HOSPITAL AUTHORITY STUDY COMMITTEE Created 1419 DENTIST AND DENTAL HYGIENISTS ACT Enacted 484 DEPARTMENT OF AGRICULTURE Registration, license and permit act amended 187 DEPARTMENT OF COMMERCE ACT Amended, certain grant provisions changed 650 DEPARTMENT OF HUMAN RESOURCES Governor authorized to improve management 685 Nutritional screening of certain children provided 616 DEPARTMENT OF NATURAL RESOURCES Deer, certain destruction authorized 645 Employees, certain, retirement 1407

Page 1998

DEPARTMENT OF PUBLIC SAFETY Certain marked patrol vehicles authorized 208 Officer provisions, certain, changed, etc. 465 Uniform division, eligibility requirements established 524 DEPARTMENT OF TRANSPORTATION Land conveyance to, authorized 1527 DEVELOPMENT AUTHORITIES LAW Amended 708 Amended, project redefined 1483 DISPENSING OPTICIANS Additional training provided 279 DISPOSITION OF UNCLAIMED PROPERTY ACT Amended 203 , 556 DISTILLED SPIRITS BRANDS Public inspections of records provided 368 DISTRICT ATTORNEYS Assistant, certain judicial circuits, compensation authorized 526 Assistant, office created (103,000-135,000) 3584 DIVORCE Attorneys may sue to enforce fees 1017 Trial time changed 1677 DOCTORS Clinical clerkships provided 403 Family practice, joint advisory board created 1096 DODGE COUNTY Additional judge provided 777 Board of education, election of members provided; proposed amendment to the Constitution 1776 Certain tax exemption provided; proposed amendment to the Constitution 1787 DOUGHERTY COUNTY Small claims court created 3164 State court, jurisdiction changed, etc. 3176

Page 1999

DOUGLAS COUNTY Board of commissioners, qualifications changed 2706 Land conveyance to, authorized 1520 Superior court judges, expense allowance supplemented 632 DOWNTOWN ATHENS DEVELOPMENT AUTHORITY Eminent domain power granted; proposed amendment to the Constitution 1912 DOWNTOWN DUBLIN DEVELOPMENT AUTHORITY Authorized; proposed amendment to the Constitution 1860 DREW, DOYLE L. Compensation to provide 4424 DRIVERS' LICENSES Bail on arrest, exemption provided 213 Certain mandatory suspension provided 1073 Licenses suspension, time periods provided, etc. 1670 Minors, identification cards 1421 Revocation, etc., provided 1668 DRUGS Dangerous, further defined 631 Marijuana trials, certain jurisdiction fixed 1083 DUBLIN, CITY OF Downtown development authority authorized; proposed amendment to the Constitution 1860 DULUTH, CITY OF See also tabular index-Municipalities, Home Rule Amendments Charter amended, election provisions changed 3534 E EAST POINT, CITY OF See also tabular index-Municipalities, Home Rule Amendments Charter amended, councilmen's qualifications changed, etc. 3486 Charter amended, employee dismissals, provisions made 3414 Charter amended, mayor and council, functions changed, etc. 3417

Page 2000

EATONTON, CITY OF Charter amended, corporate limits changed 3305 ECHOLS COUNTY District attorney, investigator provided 321 Probate judge, additional duties provided; proposed amendment to the Constitution 1821 Tax commissioner, salary changed 4005 ECONOMIC DEVELOPMENT COUNCIL Created 1998 EDUCATION Area trade schools, sick leave provided employees, etc. 506 Board of Regents, sovereign immunity provided 452 Branch colleges, female admission to, provision stricken 1510 Certain disruption at schools prohibited 480 Certain taxation election provisions repealed 1573 Compulsory attendance act amended 768 Grants, certain colleges, changed 1717 Higher education assistance act amended, loan insurance premium changed 415 Nutritional screening of certain children provided 616 Private college grant act amended 780 Scholarships, law enforcement officers, etc., children of, eligibility requirements changed 541 School bus drivers, disembarking children 479 School lunch program, provisions changed 1385 School lunches, false information, penalty provided for 638 State superintendent of schools, annual reports provided 540 Teachers' maternity leaves 364 Tuition grants, certain military colleges, authorized, etc. 503 United States flag, pledge of allegiance to, provided 271 EDUCATION LAWS STUDY COMMITTEE Created 1535 ELBERT COUNTY Land conveyance to, authorized 1502 Law library, furnishing books to authorized 4261

Page 2001

ELECTIONS Ballots, number provisions changed 469 Chief registrar provisions changed, etc. 468 Making false statements penalized 205 Recount provided, etc., certain federal and state offices 248 Registration card form changed, etc. 457 Revenue bonds for certain utilities, majority vote requirement deleted, proposed amendment to the Constitution 1749 Voting machines, required number changed 463 Voter registration, certain deadline fixed 473 EMPLOYEES RETIREMENT SYSTEM ACT Amended 247 , 1459 Creditable service, certain, provided 456 Department of Natural Resources, certain employees of 1407 Duties of actuary changed 611 Ga. Agriculture Commodities Promotion Act, employees eligible, etc. 481 Group term life insurance, certain eligibility provided, etc. 453 Leave provisions changed 393 EMPLOYMENT, FULL, STUDY COMMITTEE Created 1678 EMPLOYMENT SECURITY LAW Amended, availability for employment provided, etc. 1029 ENERGY RESOURCES, GEORGIA COUNCIL FOR Created 1740 ESTATE TAX RETURNS Filing time changed, etc. 624 EUHARLEE, CITY OF New charter, referendum 4090 EVANS COUNTY District attorney's office, additional secretary provided 1187

Page 2002

EVIDENCE Rape provisions changed 741 Witnesses, certain, competency in child abandonment and adultery matters provided 1014 EYES Deceased donor's, certain technicians permitted to extract 1559 F FACADE AND CONSERVATION EASEMENT ACT OF 1976 Enacted 1181 FARM MACHINERY Sales and use tax act, certain provisions clarified, etc. 987 FARMERS MARKET Licensing provided 678 FAYETTE COUNTY Board of commissioners, election provisions changed 3398 Regulation of businesses in unincorporated area; proposed amendment to the Constitution 1883 School superintendent, appointment authorized; proposed amendment to the Constitution 1850 FIDUCIARIES Certain investments of, clarified 1524 FINANCIAL INSTITUTIONS CODE Amended, certain fiduciary privileges extended 274 Amended, certain receivership procedures changed, etc. 1681 Amended, draft acceptance time changed 275 Amended, multiple party accounts, etc. 1388 FIRE ACADEMY ACT, GEORGIA Enacted 1725

Page 2003

FIRE FIGHTER'S MEDIATION ACT Amended 203 FIREARMS Discharging on Sunday, prohibition amended 1437 Felonies commited with, provisions changed 1591 FIREMEN'S PENSION FUND ACT Amended, eligibility provisions changed 973 FIREMEN'S RETIRE[UNK]MENT SYSTEM ACT Amended 235 Amended, board of trustees, powers provided, etc. 241 FISCAL NOTE ACT, GEORGIA Amended 533 FITZGERALD, CITY OF See also tabular indexMunicipalities, Home Rule Amendments FLOYD COUNTY Retirement system expanded; proposed amendment to the Constitution 1887 Superior court clerk, chief deputy's salary changed 2920 Tax commissioner, salary of chief deputy changed 2917 FOREST PRODUCTS TRUCKS Fee provisions changed 694 FORSYTH COUNTY Development purpose tax levy authorized; proposed amendment to the Constitution 1920 Merit system provided; proposed amendment to the Constitution 1796 Superior court clerk, etc., personnel provisions changed 3130 Tax commissioner, personnel provisions changed 3128 Tax exemption, certain, provided; proposed amendment to the Constitution 1918 FORT OGLETHORPE, TOWN OF Charter amended, salaries of aldermen changed 3794

Page 2004

FORT VALLEY, CITY OF Redevelopment authority created 3520 FRANCHISES Taxation provided, etc. 405 FRANKLIN COUNTY Advisory board, compensation changed 3607 FRATERNAL BENEFIT SOCIETIES Certificate valuation provided, etc. 983 FULL EMPLOYMENT IN GEORGIA STUDY COMMITTEE Created 1678 FULTON COUNTY See also tabular indexCounties, Home Rule Amendments Criminal court, personnel 3546 Demand for trial provisions changed, etc. 3019 Homestead exemption, income defined; proposed amendment to the Constitution 1924 Judges' and Solicitor Generals' Retirement Fund Act amended 2507 , 3047 Ordinance enactment, certain, authorized; proposed amendment to the Constitution 1880 Pension payments 3045 , 3259 Pension payments, rules establishment authorized 3043 State court created 3023 Tax exemption, cooperative ownerships changed; proposed amendment to the Constitution 1864 Teachers and employees retirement act amended 3051 , 3053 , 3056 , 3058 FULTON-DEKALB HOSPITAL AUTHORITY STUDY COMMITTEE Created 1419 FUNERAL SERVICES ACT Board of, amended 233

Page 2005

G GAMBLING Bingo, lottery exemption provided; proposed amendment to the Constitution 1874 Etc., printed materials, certain exemption provided 1158 GAME AND FISH Crab peelers, etc. 771 License fees, certain changed 1159 Taxidermist license provided 1674 GARNISHMENT ACT Enacted 1608 GAY, TOWN OF Charter amended, terms of office changed, etc. 3776 GENERAL APPROPRIATIONS ACT Amended 3 Enacted 785 GENERAL ASSEMBLY Compensation, changes in, effective date provided, etc.; proposed amendment to the Constitution 1862 Voucher provisions changed 763 GEO. L. SMITH II State Park designated 1499 GEOLOGISTS Certification requirements changed 695 GEORGIA AGRICULTURE COMMODITIES PROMOTION ACT Employee retirement eligibility provisions made 481 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY ACT Amended, membership changed 698 GEORGIA BIOLOGICALS PERMIT ACT Amended 334

Page 2006

GEORGIA BOAT SAFETY ACT Amended, traffic regulated, etc. 1632 GEORGIA BUILDING AUTHORITY Law enforcement provisions made 471 GEORGIA BUREAU OF INVESTIGATION Special contract investigators considered employees 392 GEORGIA CIVIL DEFENSE ACT Amended, rescue organizations exempted 1590 GEORGIA CODE OF PUBLIC TRANSPORTATION Amended, certain special-purpose aircraft provided 416 GEORGIA COUNCIL FOR ARTS AND HUMANITIES Created 748 GEORGIA COUNCIL FOR ENERGY RESOURCES Created 1740 GEORGIA CRIME INFORMATION CENTER ACT Amended 617 , 1401 GEORGIA FIRE ACADEMY ACT Enacted 1725 GEORGIA FISCAL NOTE ACT Amended 533 GEORGIA FORESTRY COMMISSION Certain special-purpose aircraft provided 416 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT Amended, loan insurance premium changed 415 GEORGIA LAND SALES ACT Amended 676

Page 2007

GEORGIA LIMING MATERIALS ACT OF 1976 Enacted 1595 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 642 Amended, certain liability policy provisions required 1523 Amended, certain minimum liability insurance coverage provided 1513 Amended, subrogation provisions changed 1078 GEORGIA PACIFIC CORPORATION Easement authorized 225 GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT Amended 395 Amended, qualifications changed, etc. 1563 , 1684 GEORGIA PESTICIDE CONTROL ACT OF 1976 Enacted 282 GEORGIA PESTICIDE USE AND APPLICATION ACT OF 1976 Enacted 369 GEORGIA PORTS AUTHORITY Security guards, arrest powers provided, etc. 1640 GEORGIA PROFESSIONAL STANDARDS ACT Enacted 966 GEORGIA PUBLIC ASSISTANCE ACT Amended, fraud provisions changed, etc. 1490 GEORGIA RADIATION CONTROL ACT Amended 1567 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended 469 Amended, certain farm machinery provisions clarified, etc. 987

Page 2008

Amended, credit for returned property clarified 341 Amended, local sales tax, time limit provisions, etc. 1019 Certain solar energy equipment exempted 672 Rock Eagle 4-H Center, certain exemption provided 411 GEORGIA SOIL AMENDMENT ACT OF 1976 Enacted 359 GEORGIA SPECIAL ADULT OFFENDER ACT Amended, effective date changed 1562 GEORGIA STATE BOARD OF NURSING HOMES ACT Amended 1184 GEORGIA STATE OCCUPATIONAL THERAPY LICENSING ACT Enacted 993 GEORGIA SURFACE MINING ACT Amended 527 GLASCOCK COUNTY Board of commissioners, election of chairman, provisions changed 3728 Board of commissioners, salary changed, etc. 3730 Probate court judge, salary changed 3732 Tax commissioner, salary changed 3734 Treasurer, salary changed 3736 GLENWOOD, CITY OF Charter amended, franchise provision changed 2547 GLYNN COUNTY Alcoholic beverages, certain sales authorized; proposed amendment to the Constitution 1896 Board of commissioners, election of members, etc. 2949 Board of education, districts created, etc., referendum 4027 Probate court judge's deputies, salaries changed 3790 Sheriff's office, personnel provisions changed 3966 State Court clerk, etc., salary changes 3159 Tax exemption, certain, provided; proposed amendment to the Constitution 1890 GORDON COUNTY Board of commissioners, bond provisions changed, etc. 3115

Page 2009

GOVERNOR General Assembly report, date changed 1194 Human resources department, authorized to improve management of 685 Succession provision made; proposed amendment to the Constitution 1785 GRADY COUNTY Board of commissioners, terms changed, etc. 3251 Board of education, compensation changes, referendum 3162 GRAIN DEALERS Regulated 512 GRAND JURY Certain counties, presence of stenographer authorized (15,950-16,500) 2638 Certain investigative, provided (180,000-190,000) 1163 Special purpose, provided, etc. (70,000 or more) 982 GRANTS Certain colleges, changed 1717 Department of Commerce., provisions changed 650 Municipalities, certain filing time extended 436 , 437 Private college act, amended 780 Tuition, certain military colleges, authorized, etc. 503 GRANTVILLE, CITY OF Charter amended, recorder's court created, etc. 2994 GRIFFIN, CITY OF See also tabular indexMunicipalities, Home Rule Amendments GUARDIANS Natural, bonds of, provided, etc. 688 Property, procedure for appointment changed 1156 GWINNETT COUNTY State courts, jurors provided, etc. 4018

Page 2010

H HABERSHAM COUNTY Board of Education, election provided, referendum 2798 Board of education, superintendent's appointment provided, referendum 2803 Judge, supplemental salary authorized 1086 State court, solicitor, secretary to, salary changed 3654 HAHIRA, CITY OF Public authority for telephonic communications authorized; proposed amendment to the Constitution 1885 HALL COUNTY Board of education, terms staggered; proposed amendment to the Constitution 1910 State court judge and solicitor, salaries changed 3773 HAMPTON, CITY OF Charter, former, repealed 3612 HANCOCK COUNTY Board of commissioners, election provisions, etc. 3292 Small claims court created 3263 HARALSON COUNTY Superior court judges, expense allowance supplemented 632 HAZLEHURST, CITY OF Charter amended, election date changed 3592 HEALTH Alcoholism treatment act, effective date changed 1007 HEALTH CARE PLAN ACT Enacted 1461 HEARD COUNTY Probate court judge, salary changed 2856 Sheriff, salary changed 2854

Page 2011

Superior court clerk, salary changed 2858 Tax commissioner, salary changed 2852 HENRY COUNTY Board of commissioners, terms staggered 3616 Sheriff, law enforcement powers vested in; proposed amendment to the Constitution 1902 Small claims court created 4463 Tax exemption for certain industries provided; proposed amendment to the Constitution 1900 HENRY G. McKEMIE BRIDGE Designated 2503 HILLEY, FLOYD M. Compensation to authorized 4124 HOBOKEN, CITY OF New Charter 3060 HOGANSVILLE, CITY OF New Charter, referendum 2588 HOMERVILLE, CITY OF Charter amended, election provisions changed, etc. 3253 HOMESTEAD EXEMPTIONS Amount of, changed 346 HOMICIDE BY VEHICLE Redefined 977 HOSPITAL BOARD AUTHORITIES Certain, member compensation changed (17,830-18,080) 3250 HOSPITALS, PUBLIC Staff privileges, refusal of, required in writing, etc. 326 HOUSTON COUNTY Branch offices for county business authorized; proposed amendment to the Constitution 1794 Board of commissioners, vacancy provisions changed 3982

Page 2012

Justice of the peace court, jurisdiction increased; proposed amendment to the Constitution 1752 HUMAN RESOURCES, DEPARTMENT OF Governor authorized to improve management of 685 Nutritional screening of certain children provided 616 HUSBAND AND WIFE Marriage license provisions changed, etc. 1719 I IDA CASON CALLAWAY FOUNDATION Land conveyance to, authorized 1515 IMLAC COMMUNITY CLUB Land conveyance to, authorized 571 INCOME TAX Certain provisions repealed, etc. 980 INDUSTRY AND TRADE, DEPARTMENT OF Name changed from Department of Community Development; proposed amendment to the Constitution 1767 INGRAM-HOGAN BUILDING Designated, etc. 1493 INSURANCE Accident reparations act, amended, certain minimum liability coverage provided 1513 Accident reparations act amended, subrogation provisions changed 1078 Accident reparations act, certain liability policy provisions required 1523 Additional authority provided commissioner, etc. 347 Commissioner, order prohibiting certain acts, authorized, etc. 411 Disposition and collection of fees, etc., provided, etc. 1080 Fraternal benefit societies, certificate valuation provided, etc. 983 Life, accident, etc., authority certificates, etc. 535 Motor vehicle, accident reparations act amended 642

Page 2013

Rates, contracting provided, etc. 691 Rehabilitation and liquidation of insurers, conservation grounds changed 1076 State employees, premium deduction authorized from salaries 1603 Uninsured motorists, bankruptcy provisions 1195 INSURANCE COMMISSIONER Confidential information, certain 1517 Reports, public inspection provided 538 INSURANCE COMPANIES Returns, etc., certain provision repealed 262 INSURANCE PREMIUM FINANCE COMPANY ACT Amended 1074 , 1564 INTEREST Certain rates changed 1197 Secondary security deeds, definition clarified 726 INTERNATIONAL BANKING CORPORATIONS Loans by, authorized 201 INTERSTATE COMPACT ON JUVENILES ACT Amended 1070 INTOXICATING LIQUORS Certain metric standards of measurement provided, etc. 1715 Certain Sunday sales provided, referendum (200,000-600,000) 2809 Distilled spirits brands, public inspections of records provided 368 Malt beverages, certain common carrier distribution authorized 508 Malt beverages, non-tax paid, transportation limit fixed 476 Malt beverages, public record inspection provided 282 Minimum container size provided 990 Reporting system authorized 692 Sale by minors prohibited 409 Sunday sale, certain, provided (300,000 or more) 2722 Wine, certain common carrier distribution authorized 509 Wine, public record inspection provided 281

Page 2014

IRWIN COUNTY Board of commissioners, chairman 3621 Land conveyance to authorized 1651 J JACKSON, CITY OF Charter amended, audit provisions changed, etc. 3706 JAMES L. GILLIS, SR. MEMORIAL HIGHWAY Designated 2785 JEFFERSON, CITY OF Land conveyance to, authorized 1629 JEFFERSON COUNTY Certain tax exemption provided; proposed amendment to the Constitution 1819 Small claims court created 3687 JEKYLL ISLAND-STATE PARK AUTHORITY ACT Amended, franchises provided 1560 JENKINS COUNTY Board of commissioners, chairman, election changed 3643 Chief deputy sheriff, salary changed, etc. 3630 Probate court judge placed on salary 3648 Small claims court created 2786 Superior court clerk placed on salary 3645 Tax commissioner, salary provisions changed, etc. 3650 JESUP, CITY OF See also tabular indexMunicipalities, Home Rule Amendments JOINT ADVISORY BOARD OF FAMILY PRACTICE Created 1096 JOINT TENANTS Certain right of survivorship provided 1438 JONES COUNTY Board of commissioners, salaries changed 3319 JUDICIAL ADMINISTRATION ACT OF 1976 Enacted 782

Page 2015

JUDICIAL CIRCUITS Certain; district attorneys, assistant, compensation changed 673 JUDICIAL SALES Payment by certified check, etc., provided 367 JURIES Alternate jurors, certain cases, provided 1042 Jury selection, mechanical, provisions made, etc. 438 JUVENILE COURT CODE AMENDED Certain imprisonment prohibited 1064 K KENNESAW, CITY OF Charter amended, corporate limits changed 3295 KINGSLAND, CITY OF Charter amended, certain terms of office staggered, etc. 2833 L LAKEVIEW-FORT OGLETHORPE-CATOOSA COUNTY STADIUM AUTHORITY Created; proposed amendment to the Constitution 1831 LANDLORD AND TENANT Provisions changed 1372 LANDSCAPE ARCHITECT ACT Enacted 1730 LEGISLATIVE SERVICES COMMITTEE ACT Amended, organization provided, etc. 176 LEXINGTON, CITY OF Charter amended, recorder's court 3284

Page 2016

LIBERTY COUNTY District attorney's office, additional secretary provided 1187 Industrial authority, membership changed, proposed amendment to the Constitution 1781 , 1823 LICENSES Consular corps, plates act 215 Driver's, minors, identification cards 1421 Drivers, suspension, time periods provided, etc. 1679 Drivers, time of revocation, etc., provided 1668 Marriage, provisions changed 1719 Taxidermist, provided 1674 LIGHTNING RODS Certain acts repealed 260 LIMING MATERIALS ACT OF 1976, GEORGIA Enacted 1595 LIMITATIONS OF ACTIONS Medical malpractice, provided 1363 LINCOLN COUNTY Assistant district attorneys, office created 1173 Tax commissioner placed on salary 3145 Treasurer, salary changed 3711 LITHONIA, CITY OF Charter amended, recorder's court, fines 3138 LOCAL AUTHORITIES Contracts for supplies, etc., certain preference required 181 LOCAL SALES TAX Time limit provisions, etc. 1019 LOCUST GROVE, CITY OF New charter 4426 LONG COUNTY Board of education, election, etc., referendum 3536 District attorney's office, additional secretary provided 1187 Small claims court created, referendum 3321

Page 2017

LOVEJOY, CITY OF New charter 3879 LOWNDES COUNTY Board of commissioners, compensation changed, etc. 3126 District attorney, investigator provided 321 LUMPKIN COUNTY School superintendent, appointment provided, etc., referendum 3945 LUTHERSVILLE, TOWN OF Charter amended, terms of office changed 3783 LYERLY, TOWN OF New charter 4051 Tax limitation, exemption from provided 421 LYNCH, S. M., MR. MRS. Compensation to authorized 4158 M MACON, CITY OF (Bibb) New Charter, referendum 3818 Charter amended, budget control provided, etc. 3997 MACON-BIBB COUNTY New charter, referendum 3818 Urban development authority, bond provisions changed; proposed amendment to the Constitution 1827 Urban development authority, eminent domain procedure changed 3950 MACON COUNTY Recreation Commission, conveyance of property to authorized 432 MACON JUDICIAL CIRCUIT Assistant district attorneys provided 1165 MADISON, CITY OF Charter amended, terms of officers changed, etc. 2504

Page 2018

MADISON COUNTY Board of commissioners, salary changes, etc. 2733 Tax commissioner, salary changed 2543 MALT BEVERAGES Common carrier distribution, certain, authorized 508 Non-tax paid, transportation limited fixed 476 Public record inspection provided 282 MARIETTA, CITY OF Homestead exemptions, certain income excluded in qualification for; proposed amendment to the Constitution 1789 Lease to, authorized 340 Retirement benefits increased; proposed amendment to the Constitution 1872 MARRIAGE AND FAMILY COUNSELOR LICENSING ACT Enacted 659 MARRIAGE LICENSES Location for obtaining provided (600,000 or more) 684 Provisions changed 1719 MAYSVILLE, TOWN OF Charter amended, contract provisions changed 3715 McDONOUGH, CITY OF Charter amended, term of mayor changed 3613 McDUFFIE COUNTY Assistant District Attorney, office created 1173 Board of commissioners, salary changes 2846 Sheriff, supplemental allowance provided 3713 Superior court clerk, etc., salary changes 2842 Tax commissioner, personnel salary changes, etc. 2839 McGARRAH, L. C. Compensation to authorized 4294 McINTOSH COUNTY District attorney's office, additional secretary provided 1187

Page 2019

MEADOR, THOMAS DALE Compensation to provided 4391 MEANSVILLE, CITY OF New charter 3336 MEDICAL MALPRACTICE Actions, etc. 1047 Limitations of actions provided 1363 MEDICAL PRACTITIONERS Clinical clerkships provided 403 Family practice, joint advisory board created 1096 MEDICAL SCHOOLS Certain, exempted from clinical laboratories act 1362 MEDICAL STUDENTS Scholarship provisions changed; proposed amendment to the Constitution 1876 MEIGS, CITY OF New charter 4393 MENLO, TOWN OF Charter amended, corporate limits changed 2836 MENTAL HEALTH AND MENTAL RETARDATION SERVICES ACT Enacted 953 MENTALLY ILL Expense payment concerning hospitalization provided 328 METROPOLITAN ATLANTA EXPRESS SYSTEM DEVELOPMENT PLAN Authorized 1518 Amended, certain investment interest purposes limited 3098 Amended, election of secretary and treasurer provided 3407 Amended, membership of board of directors changed, etc. 217

Page 2020

Amended, public meeting requirements changed 3104 Amended, reporting requirements changed 3092 MILITARY COLLEGES Tuition grants, certain, authorized, etc. 503 MILLEDGEVILLE, CITY OF Charter amended, referendum authorized 3282 Charter amended, terms of certain officials changed, etc. 2820 Charter amended, term of mayor changed, etc., referendum 3278 MILLEN, CITY OF Charter amended, election date changed, etc. 3275 MILLER COUNTY State court, judge, salary changed 2775 MINING Surface mining act amended 527 MISSING PERSONS Administration of certain estates provided 1008 MITCHELL COUNTY State court, judge, etc., salary changed, etc. 3625 MOBILE HOME PERMIT ACT Amended 1186 MOBILE HOMES Separate tax classification provided; proposed amendment to the Constitution 1753 Taxation procedures enacted 1529 MONROE, CITY OF Charter provisions changed, corporate powers changed 3805 MONTGOMERY COUNTY Additional judge provided 777

Page 2021

MORROW, CITY OF See also tabular indexMunicipalities, Home Rule Amendments MORTGAGED PROPERTY Wrongful sale of motor vehicles, etc., penalty increased 637 MOTOR CONTRACT CARRIERS Redefined 197 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended, bond provisions changed 319 MOTOR VEHICLE, FARM MACHINERY AND CONSTRUCTION EQUIPMENT FRANCHISES PRACTICE ACT Enacted 1440 MOTOR VEHICLES Accident reparations act amended 642 Accident reparations act amended, certain liability policy provisions required 1523 Accident reparations act, amended, certain minimum liability insurance coverage provided 1513 Affidavit for purchase of tag, act repealed 682 Certificate of title act, bond provisions changed 319 Dealers in used parts, registration act amended 1073 Forest products trucks, provisions changed 694 Homicide by, redefined 977 Inspection certificate, replaced windshields 216 New car warranty, shock sustaining provisions 1413 Off-road vehicle Act 330 Reciprocal agreements authorized 198 School bus drivers, disembarking children 479 Uninsured motorists, bankruptcy provisions 1195 Used, by nonresidents, act repealed 681 Wrongful sale of mortgaged, penalty increased, etc. 637 MOULTRIE, CITY OF (Colquitt County), development authority bonds, interest rate changed; proposed amendment to the Constitution 1773 MOULTRIE-COLQUITT COUNTY DEVELOPMENT AUTHORITY Revenue bonds, maximum interest rate changed; proposed amendment to the Constitution 1773

Page 2022

MOUNTAIN JUDICIAL CIRCUIT Judge, supplemental salary authorized 1086 MOUNTAIN VIEW, CITY OF Charter amended, certain tax levy provided, etc. 3970 Charter repeal provided, referendum 3974 MUNICIPAL HOME RULE ACT Amended 1429 MUNICIPALITIES Alternate annexation method provided 1011 Astrologist licensing fee act repealed (400,000 or more) 4010 Bankruptcy petitions prohibited 1557 Bonds, proceeds investment provided 400 Certain home rule act repealed, etc. 259 Certain, within certain counties (400,000 or more cities) 3137 Fire department pensions, marriage provisions changed 3050 Grant filing time, certain, extended 436 , 437 Officers, certain age eligibility changed, etc. 464 Pension act amended (150,000 or more) 3257 Personal property, certain tax exemption provided; proposed amendment to the Constitution 1755 Planning and zoning power provided 1014 Purchase of foreign beef prohibited 1650 Sale of property, requirements provided, etc. 350 Service of process, etc., provided 188 Solar energy, certain tax exemption provided; proposed amendment to the Constitution 1765 Tax notice information, requirements 518 Utilities, interference with certain, penalized 773 MUSCOGEE COUNTY Homestead exemption increased on certain property; proposed amendment to the Constitution 1913 MUTUAL AID RESOURCES PACT ACT Enacted 742 N NATURAL RESOURCES, DEPARTMENT OF Deer, certain destruction authorized 645 Retirement, certain employees 1407

Page 2023

NEWTON COUNTY Board of commissioners, districts changed, etc., referendum 3402 Board of commissioners, expense statements required, etc. 3032 Board of education, competitive purchase bidding required 3559 Board of education, election districts changed, etc., referendum 3505 Small claims court created 3807 NONPROFIT HOMES Certain tax exemption provided; proposed amendment to the Constitution 1761 NORMAN PARK, CITY OF New charter 2661 NUNEZ, TOWN OF Charter amended, terms of office changed 3938 NURSE ANESTHETISTS Act amended 1361 NURSING HOMES, STATE BOARD OF Act amended 1184 O OBSCENE MATERIALS Tax act repealed 270 OCONEE COUNTY Additional judge provided 562 Board of commissioners, chairman, salary changed 3568 Board of commissioners, conveyance of land, to, authorized 1587 Probate court judge placed on salary 3570 School superintendent, appointment provided, referendum 3935 Sheriff, automobile provisions changed 3563 Superior court clerk placed on salary 3565 Tax commissioners, salary changed, etc. 3578

Page 2024

OCONEE JUDICIAL CIRCUIT Additional judge provided 777 ODOM, EDWIN J. Compensation to authorized 4125 OFF-ROAD VEHICLE ACT OF 1975 Enacted 330 OFFICIAL STATE MINERAL, FOSSIL AND QUARTZ Designated 567 OIL AND GAS AND DEEP DRILLING ACT Amended 544 OPTOMETRISTS State discrimination, certain, prohibited 474 OPTOMETRY Certain delinquency penalty increased 185 Hearing officer provided 1575 ORTHOTISTS PRACTICE ACT Enacted 1349 OSTEOPATHS Licensing provisions, certain, repealed, etc. 687 P PAINT Timber-making, certain sale prohibited, etc. 1556 PALMETTO, CITY OF See also tabular indexMunicipalities, Home Rule Amendments Charter amended, election of councilmen changed 3623 PARDONS AND PAROLES, STATE BOARD OF Vacancy provisions changed, etc.; proposed amendment to the Constitution 1865

Page 2025

PARENT AND CHILD Custody of children, provisions changed 1050 Grandparents, certain visitation rights provided 247 Tort liability provisions changed 511 PATTERSON, CITY OF Charter amended, certain terms of office changed, etc. 3683 PAULDING COUNTY Contracts, certain authority provided; proposed amendment to the Constitution 1817 Superior court judges, expense allowance supplemented 632 PEACE OFFICERS Aggravated assault on, etc. 543 PEACE OFFICER'S ANNUITY AND BENEFIT FUND ACT Amended 580 PEACE OFFICER STANDARDS AND TRAINING ACT, GEORGIA Amended 395 Amended, qualifications changed, etc. 1563 , 1684 PEACH BLOSSOM TRAIL Designated 4160 PEACH COUNTY Assistant district attorneys provided 1165 PECANS Certain ownership of falling, provided, etc. 272 PENSION ACT Certain municipal, amended (150,000 or more) 3257 PERJURY AND FALSIFICATIONS Crimes redefined 483

Page 2026

PERSONNEL ADMINISTRATION Advisory council for, act amended 1486 Personnel Administration Act, amended, etc. 1547 PESTICIDE USE AND APPLICATION ACT OF 1976, GEORGIA Enacted 369 PHARMACISTS Regulatory fee provision made 675 PICKENS COUNTY Sheriff, additional deputy provided 3548 PIERCE COUNTY Justice of the peace, jurisdiction increased, proposed amendment to the Constitution 1888 PIERPONT-CORBETT BOX COMPANY, INC. Irrevocable easement authorized 229 PINEVIEW, TOWN OF Charter amended, terms of office changed 2711 PLAINS, CITY OF New charter 4161 PLANNING AND COMMUNITY AFFAIRS POLICY BOARD ACT Amended 658 PLANNING AND COMMUNITY AFFAIRS BUREAU Housing functions transferred to Bureau of Community Affairs, etc. 1056 PLANNING AND ZONING Certain power provided 1014 PLANNING PROGRAMMING BUREAU ACT, STATE Amended 648 PODIATRY Applicants, qualifications changed, etc. 355

Page 2027

POLITICAL SUBDIVISIONS Bonds, proceeds investment provided 400 Certain real property, not tax exempt 639 Etc., bankruptcy petitions prohibited 1557 Purchase of foreign beef prohibited 1650 Utilities, interference with certain, penalized 773 POLK COUNTY Superior court judges, expense allowance supplemented 632 POOLER, TOWN OF New charter 3419 PORT WENTWORTH, CITY OF Charter amended, corporate limits changed 3573 , 3984 PORTERDALE, CITY OF Charter amended, vacancy provisions, etc. 3561 PORTS AUTHORITY, GEORGIA Security guards arrest powers provided, etc. 1640 POWDER SPRINGS, CITY OF Certain homestead exemption provided; proposed amendment to the Constitution 1908 Charter amended, charter repeal provisions, referendum 3656 POWER PLANT SITING STUDY COMMITTEE Created 181 PRACTICE AND PROCEDURE Divorce, time for trials changed 1677 Property tax litigation, tender of taxes, condition precedent to suit 1154 PRISONERS Board of corrections act amended 949 Providing with certain items penalized 1506 PRIVATE COLLEGE GRANT ACT Amended 780

Page 2028

PROBATE COURTS Clerks, appointment provided (23,450-23,550) 1094 Judges retirement act amended 754 Office locations (600,000 or more) 682 PROCESS Municipalities, service of, etc. provided 188 PROFESSIONAL SOIL CLASSIFYING Provided 1654 PROFESSIONAL STANDARDS ACT Enacted 966 PROPERTY Joint tenants, certain right of survivorship provided 1438 Personal, certain tangible, tax exemption provided; proposed amendment to the Constitution 1755 Tenants in common, multiple party accounts, etc. 1388 Unclaimed, disposition of, act amended 203 , 556 PROPERTY TAX LITIGATION Tender of taxes, condition precedent to suit 1154 PROTESTANT EPISCOPAL SOCIETY OF AUGUSTA AND RICHMOND COUNTY ACT Amended 3002 PUBLIC AGENCIES, ETC. Members, per diem compensation limited 166 PUBLIC ASSISTANCE ACT, GEORGIA Amended, fraud provisions changed, etc. 1490 PUBLIC EMPLOYEES Blood donation leaves of absence authorized 165 PUBLIC HOSPITALS Staff privileges, refusal of, required in writing, etc. 326 PUBLIC OFFICERS Age, certain eligibility, changed, etc. 464

Page 2029

Constitutional, succession to office on disability provided, etc.; proposed amendment to the Constitution 1770 County, certain suspension on felony convictions provided 277 PUBLIC REAL PROPERTY Tax exempt, certain, not 639 PUBLIC SAFETY, DEPARTMENT OF Officer provisions, certain, changed, etc. 465 Uniform division, eligibility requirements established 524 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 577 PUBLIC SERVICE COMMISSION Action procedure established 419 Venue provided 418 PUBLIC TRANSIT BUSES, ETC. Certain acts on, prohibited 1645 PUBLIC TRANSPORTATION CODE Amended 775 Amended, certain special-purpose aircraft provided 416 Amended, enforcement officers duties specified, etc. 1500 Amended, outdoor advertising permits, provisions changed 1508 PULASKI COUNTY Additional judge provided 777 PURCHASING, STATE Procedure act, amended 752 R RABUN COUNTY Board of commissioners, self-insurance authorized 4014 Judge, supplemental salary authorized 1086 RADIATION CONTROL ACT, GEORGIA Amended 1567

Page 2030

RAPE Evidence provisions changed 741 RECORDING DEEDS, ETC. Execution before certain officer without jurisdiction 521 REHABILITATION AND LIQUIDATION OF INSURERS Conservation grounds changed 1076 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended 721 RETIREMENT Board of trustees, powers provided, etc. 241 Employees, act amended 1459 Employees, duties of actuary changed 611 Employees retirement system act amended 247 Firemen's act amended 235 Firemen's pension fund act, eligibility provisions changed 973 Probate courts, judges retirement act amended 754 Public school employees, act amended 577 Sheriffs' fund, act amended 332 Superior court clerks, act amended 729 Superior court judges act 586 Teachers, certain exemptions provided 647 Teachers, leaves of absence credits changed 1458 REVENUE Automobile tag purchase, affidavit for, requirement repealed 682 Board of tax assessors, penalty provisions changed 1042 Certain confederate soldier exemption repealed 264 Corporation taxation provisions clarified 646 County staff appraisers, certain salaries supplemented 446 Deputy revenue commissioners, duties, act repealed 262 Estate tax returns, etc. 624 Forest products trucks, provisions changed 694 Franchise taxation provided, etc. 405 Income tax, certain provisions repealed, etc. 980 Income tax, Korean veterans, extension act repealed 268 Income tax, net income defined 320 Income tax, personal exemptions redefined 250 Income tax, secrecy requirements changed 192 Incorporation of certain corporations provided, etc. 1580 Insurance companies, returns, etc., certain provision repealed 262

Page 2031

Intoxicating liquors, reporting system authorized 692 Lyerly, Town of, certain tax limitation provision, exemption from 421 Mobile home returns, procedures enacted 1529 Mobile homes, separate tax classification provided; proposed amendment to the Constitution 1753 Motor fuel taxation, watercraft tax repealed 269 Nonprofit homes, certain, exempted from certain taxation; proposed amendment to the Constitution 1761 Obscene material tax repealed 270 Personal property exemption, certain, provided; proposed amendment to the Constitution 1755 Property tax litigation, tender of taxes, condition precedent to suit 1154 Public real property, certain, not tax exempt 639 Salary and wage buyers act repealed 262 Sales and use tax, act amended 469 Sales and use tax, certain farm machinery provisions clarified, etc. 987 Sales and use tax, credit for returned property clarified 341 Sales and use tax, local sales tax, time limit provisions, etc. 1019 Sales and use tax, Rock Eagle 4-H Center, certain exemption provided 411 Sales and use tax, solar energy equipment, certain, exempted 672 Shortfall reserve created 420 State Departments, etc., certain act repealed 261 Tax exempt organizations defined 613 Tax notice information, requirements 518 Transportation funds, receipt provisions made, etc.; proposed amendment to the Constitution 1759 Veteran penalty exemptions, etc., certain, repealed 265 Veterans, certain income tax abatement act, exemptions repealed 266 Water companies, tax returns excluded from certain filing 190 REVENUE BONDS Certain utilities, requirement of majority vote deleted; proposed amendment to the Constitution 1749 REVENUE SHORTFALL RESERVE Created 420 RICHMOND COUNTY See also tabular indexCounties, Home Rule Amendments Merit system act amended, employees covered by act provided, etc. 4475

Page 2032

Protestant Episcopal Society, act amended 3002 Superintendent of schools, vacancy provisions made 3738 RICHMOND HILL, CITY OF Charter amended, corporate limits changed, referendum 3288 ROBERT BATTEY SURGICAL BUILDING Designated 1505 ROBERTA, CITY OF New charter 4127 ROCK EAGLE 4-H CENTER Sales tax exemption provided, certain 411 ROCKMART, CITY OF Charter amended, election date changed 4022 ROME, CITY OF Charter amended, loan provisions changed 3308 ROSS CHAPEL CHURCH Conveyance of land to, authorized 1675 ROYSTON, CITY OF Land conveyance to, authorized 736 RYAN, GAIL E. Compensation to authorized 4123 S SALARY AND WAGE BUYERS ACT Repealed 262 SALE CITY, CITY OF Charter amended, garbage collection authorized, etc. 3633 SALES Judicial, payment by certified check, etc., provided 367 Retail installment and home solicitation act, amended 721

Page 2033

SAVANNAH, CITY OF Charter amended, corporate limits changed 3990 Municipal court judge, salary changed 3334 SCHLEY COUNTY Board of commissioners, compensation changes 2806 SCHOLARSHIPS Law enforcement officers, etc., children of, eligibility requirements changed 541 Medical students, provisions changed; proposed amendment to the Constitution 1876 SCHOOL BUS DRIVERS Disembarking children 479 SCHOOL DISTRICTS Bonds, proceeds investment provided 400 SCHOOL LUNCHES False information, penalty provided 638 Provisions changed 1385 SEMINOLE COUNTY Coroner placed on salary 2783 Small claims court, jurisdiction changed, etc. 2777 Superior court clerk, salary changed 2781 SENTENCES Misdemeanor, certain, service provided 210 SERVICE Municipalities, process, etc., provided 188 SETTLEMENTS Certain, with injured persons prohibited 202 SHERIFFS Certain counties, salary changed, etc. (10,600-10,900) 3123 Fees changed, etc. 702 Transition of power to new sheriffs provided, etc. 423

Page 2034

SHERIFFS' RETIREMENT FUND OF GEORGIA ACT Amended 332 SMALL AND MINORITY OWNED BUSINESSES STUDY COMMITTEE Created 1525 SMALL CLAIMS COURT Act creating repealed (9,977-10,140) 3274 Jurisdiction changed (8,750-8,950) 3586 Jurisdictional amounts changed (22,830-23,500) 2721 SMITH, GEO. L., II State Park designated 1499 SMYRNA, CITY OF Charter amended, election date changed, etc. 3244 Homestead exemption, certain, provided; proposed amendment to the Constitution 1929 SOIL AMENDMENT ACT OF 1976, GEORGIA Enacted 359 SOIL CLASSIFYING, PROFESSIONAL Provided 1654 SOLAR ENERGY Certain equipment, exempt from sales and use tax 672 Certain tax exemptions provided; proposed amendment to the Constitution 1765 SOUTHERN JUDICIAL CIRCUIT Investigator provided 321 SPALDING COUNTY Regulation of businesses in unincorporated area provided; proposed amendment to the Constitution 1771 , 1810 Small claims court, jurisdiction changed, etc. 2903 STATE Transfer of property to, etc., implied trust does not arise, etc. 193

Page 2035

STATE AUTHORITIES Contracts for supplies, etc., certain preference required 181 STATE BOARD OF CORRECTIONS Prisoners 949 STATE BOARD OF NURSING HOMES ACT Amended 1184 STATE BOARD OF PARDONS AND PAROLES Vacancy provisions changed, etc.; proposed amendment to the Constitution 1865 STATE BOARDS Etc., code of ethics 344 Etc., disclosure of certain fees, etc., provided 978 Etc., optometrist discrimination, certain, prohibited 474 STATE BUILDING ADMINISTRATIVE BOARD Member composition changed 654 STATE DEPOSITORY ACT Amended 769 Meetings changed 728 STATE EMPLOYEES Area trade schools, sick leave provided, etc. 506 Health insurance participation changed 199 Health insurance plan amended 1384 Insurance premiums, salary deductions for certain, authorized 1603 Transactions with State, certain exceptions provided 448 STATE GOVERNMENT Books, surplus, donation of provided; proposed amendment to the Constitution 1764 Certified public management program authorized 338 Members of boards, etc., code of ethics 344 STATE MERIT SYSTEM Amended, etc. 1547 Certified public management program authorized 338

Page 2036

STATE MINERAL, FOSSIL AND QUARTZ, OFFICIAL Designated 567 STATE OCCUPATIONAL THERAPY LICENSING ACT, GEORGIA Enacted 993 STATE OFFICERS Optometrist discrimination, certain, prohibited 474 Transactions with State, certain exceptions provided 448 STATE PARKS AND RECREATIONAL AREAS ACT Amended 1160 STATE PLANNING AND COMMUNITY AFFAIRS BUREAU Housing functions transferred to Bureau of Community Affairs, etc. 1056 STATE PLANNING AND COMMUNITY AFFAIRS POLICY BOARD ACT Amended 658 STATE PLANNING PROGRAMMING BUREAU ACT Amended 648 STATE PROPERTIES COMMISSION Membership provided, etc.; proposed amendment to the Constitution 1748 STATE PURCHASING PROCEDURE ACT Amended 752 STATE REVENUE COMMISSIONER Special agents, endowment of certain powers 1093 STATE SPACE MANAGEMENT ACT OF 1976 Enacted 252 STATE SUPERINTENDENT OF SCHOOLS Annual reports provided 540 STEPHENS COUNTY Judge, supplemental salary authorized 1086

Page 2037

STEWART COUNTY Commissioner, salary changed 3699 Tax commissioner, salary changed 3698 STRUCTURAL PEST CONTROL ACT Amended 308 SUMMERVILLE, CITY OF Charter amended, road closing, etc. 3515 SUMTER COUNTY Superior and state courts, clerks, salaries increased, etc. 3152 SUNDAY, DISCHARGING FIREARMS ON Prohibition amended 1437 SUPERIOR COURT JUDGES RETIREMENT SYSTEM ACT Enacted 586 SUPERIOR COURTS Assistant District Attorneys, certain judicial circuits, compensation authorized 526 Certain judge emeritus, payment provided (79,600-81,000) 4089 Clerks, investment of certain funds authorized 976 Clerks, personnel provided (145,000-165,000) 3491 Clerks retirement act amended 729 SUPERIOR COURTS Clerks, mailing fees provided (22,325-22,330) 426 Judicial Circuits, certain; assistant district attorneys, compensation changed 673 SUPREME COURT Determination of disability of constitutional officers provided; proposed amendment to the Constitution 1770 SURVEILLANCE EQUIPMENT Certain use, not unlawful 1100 SWAINSBORO, CITY OF Land conveyance to, authorized 1605

Page 2038

T TALIAFERRO COUNTY Assistant District Attorney, office created 1173 Superior court clerk placed on salary 3802 TALLAPOOSA, CITY OF New charter 4262 TALLAPOOSA JUDICIAL CIRCUIT Superior court judges, expense allowance supplemented 632 TATTNALL COUNTY District attorney's office, additional secretary provided 1187 TAX ASSESSORS Equalization board, qualifications changed 1744 Penalty provisions changed 1042 , 1071 TAX COLLECTION STUDY COMMISSION Dissolution provided, etc. (250,000 - 500,000) 2725 TAX COLLECTORS AND COMMISSIONERS Checks may be accepted, etc. 1044 Minimum salaries provided 988 TAX COMMISSIONERS Salaries fixed (35,000 - 44,000) 3005 TAX-EXEMPT ORGANIZATIONS Defined 613 TAXIDERMIST License provided 1674 TAX RECEIVERS Tax return time changed (32,000 - 32,300) 1155 TEACHERS Maternity leaves 364

Page 2039

TEACHERS' RETIREMENT SYSTEM ACT Amended, certain exemptions provided 647 Amended, leaves of absence credits changed 1458 TELECOMMUNICATION SERVICE Avoidance of payment, provisions clarified, etc. 1179 TELFAIR COUNTY Additional judge provided 777 Commissioner, salary changed 3603 Probate court judge, salary changed 3600 Sheriff, salary changed 3594 Superior court clerk, salary changed 3598 Tax commissioner, salary changed 3596 TENANTS IN COMMON Multiple party accounts, etc. 1388 TERRELL COUNTY Deputy sheriff, salary changed 3239 THEFT BY CONVERSION Payments for property improvements prohibited 1456 THOMAS COUNTY District attorney, investigator provided 321 THOMASTON, CITY OF Certain contract authorization provided; proposed amendment to the Constitution 1893 THOMASVILLE, CITY OF See also tabular indexMunicipalities, Home Rule Amendments TIFT COUNTY Board of commissioners, chairman, salary changed 3792 Development authority, bond interest rate increased 2739 TOCCOA, CITY OF Charter amended, corporate limits changed 4199 Charter amended, election date clarified 3582

Page 2040

TOLES, HUGH M. Compensation to authorized 4198 TOOMBS COUNTY Board of commissioners, salary changes 3541 TOOMBS JUDICIAL CIRCUIT Assistant district attorney, office created 1173 TORTS Children, certain parental liability provisions changed, etc. 511 Settlements with injured persons, certain, prohibited 202 TOWNS COUNTY Judge, supplemental salary authorized 1086 Land conveyance to authorized 1647 Sheriff, personnel provided, etc. 2824 TRADEMARK PROTECTION ACT, CERTAIN Repealed 195 TRANSPORTATION FUNDS Receipt provisions made, etc.; proposed amendment to the Constitution 1759 TREASURER Appointment authorized in certain counties (6,700-6,825) 2802 Compensation provided (32,700-33,400) 2540 TROUBLED CHILDREN STUDY COMMITTEE Created 1489 TROUP COUNTY Small claims court, jurisdiction changed 3717 State court judge, qualifications changed 3722 TRUSTEES Certain small business firm investments authorized 560 TRUSTS Certain investments of fiduciaries clarified 1524 Transfer of property to state, etc., implied trust does not arise, etc. 193

Page 2041

TUCKER, MRS. ADELE LOUISE Conveyance of land to authorized, etc. 1404 U UNIFORM ACT TO SECURE ATTENDANCE OF OUT OF STATE WITNESSES Enacted 1366 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended, inspection certificate, replaced windshields 216 Certain marked patrol vehicles authorized 208 UNIFORM PROPERTY TAXATION County staff appraisers, salaries supplemented 446 UNION CAMP CORPORATION Land easement authorized 429 UNION COUNTY Judge, supplemental salary authorized 1086 UNITED DAUGHTERS OF THE CONFEDERACY Possibility of reverter conveyance authorized 1665 UNITED STATES Constitution, proposed amendment requested 184 Flag, pledge of allegiance to, provided 271 Government, land conveyance authorized to 1636 UPSON COUNTY Certain contract authorization provided; proposed amendment to the Constitution 1893 Probate court judge, budget, etc. 3511 URBAN REDEVELOPMENT LAW Amended 946 UVALDA, TOWN OF Charter amended, franchise provisions changed 2545

Page 2042

V VALDOSTA, CITY OF New charter 3185 VETERANS Certain income tax abatement exemptions repealed 266 Certain penalty exemptions, etc., act repealed 265 Korean, income tax extension act repealed 268 VETERINARY MEDICINE Advisory board, act amended 753 VIDALIA, CITY OF Charter amended, certain franchise, etc., restrictions removed 2862 Charter amended, primary election provision repealed 2860 VITAL RECORDS Certain correction procedures provided 1062 Death certificate provisions changed, etc. 677 W WALKER COUNTY Superior court clerk, personnel salary changes, etc. 3798 Tax commissioner, personnel salary changes, etc. 3795 WALL, DANIEL Compensation to provided 4425 WARE COUNTY Board of commissioners, recall provisions made, etc. 3993 Board of commissioners, salary changes; county manager provided, referendum 2811 Officers, recall provisions made; proposed amendment to the Constitution 1851 WARM AIR HEATING CONTRACTORS, BOARD OF EXAMINERS Qualification of members changed 1072

Page 2043

WARNER ROBINS, CITY OF Charter amended, contract provisions changed, etc. 3518 Charter amended, corporate limits changed 3953 WARREN COUNTY Assistant District Attorney, office created 1173 Board of commissioners, referendum on question of multi-member board authorized 3660 Probate court, clerical assistance provided 3148 WASHINGTON, CITY OF Land conveyance to, authorized 723 WASHINGTON COUNTY Small claims court, jurisdiction changed, etc. 3640 WATER COMPANIES Tax returns, excluded from certain filing 190 WATER WELL STANDARDS ACT OF 1976 Enacted 974 WATKINSVILLE, CITY OF Charter amended, mayor's court, presiding officer appointment authorized 3606 WAYNE COUNTY Industrial development tax authorized; proposed amendment to the Constitution 1892 WAYNESBORO, CITY OF New charter, referendum 2954 WEAPONS Certain disposition authorized 167 WESTERN JUDICIAL CIRCUIT Additional judge provided 562 WHEELER COUNTY Additional judge provided 777

Page 2044

WHITE PLAINS, CITY OF Charter amended, terms of office changed 2730 WHITFIELD COUNTY Small claims court created; proposed amendment to the Constitution 1849 WILKES COUNTY Assistant District Attorney, office created 1173 Small claims court, jurisdiction changed, etc. 2945 WILLS Additional witness procedures provided, etc. 640 Certain investments of fiduciaries clarified 1524 Fiduciary powers, certain incorporation by reference, act repealed 1586 Missing persons' estates, certain, procedure for administration provided 1008 Year's support provisions changed, etc. 1059 WINE Common carriers, certain distribution authorized 509 Public record inspection provided 281 WITNESSES Certain, competency in child abandonment and adultery matters provided 1014 Out-of-state, securing attendance of, provided 1366 Wills, additional procedures provided, etc. 640 WOMEN Married, surety on bail bonds authorized 478 WORKMEN'S COMPENSATION Subsequent injury fund created; proposed amendment to the Constitution 1762 WRIGHTSBORO QUAKER COMMUNITY FOUNDATION, INC. Land conveyance to authorized 1642 Y YEAR'S SUPPORT Provisions changed, etc. 1059

Page 2045

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 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 2050

MEMBERS OF THE GENERAL ASSEMBLY 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

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SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1975-1976 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 2440 Manchester Expressway 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

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMBERICAL ORDER AND POST OFFICES FOR THE TERM 1975-1976 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 2440 Manchester Expressway, 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 277, 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 2057

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 2059

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1975-1976 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 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. (Al) 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 Canty, Mrs. Henrietta Mathis 38 487 Lynn Valley Road, S.W., Atlanta 30311 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 Flintwood Drive, Macon 31201 Evans, Warren D. 84 P.O. Box 670 Thomson 30824 Felton, Mrs. Dorothy 22 465 Tanacrest Drive, N.E., Atlanta 30328 Floyd, Leon 56-Post 2 P.O. Box 32249 Decatur 30032 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 Hanner, Bob 130 Route 1 Parrott 31777 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 1 712 West Ave. 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 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. 27 405 State Capitol Atlanta 30334 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. 102 448 Woolfolk St. 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 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 712 West Ave. 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 405 State Capitol Atlanta 30334 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 Henrietta Mathis Canty 487 Lynn Valley Road, S.W., Atlanta 30311 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 Leon Floyd P.O. Box 32249 Decatur 30032 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 448 Woolfolk St. 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 Bob Hanner Route 1 Parrott 31777 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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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1975 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 1975 33 1 1 31 1975 Ex. Sess. 1 1 TOTALS 806 42 40 724

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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 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 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 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. For750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 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 (1 of 2) 2865 City of Milledgeville 7-18-56 For107 Agn58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For463 Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 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 (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton 2518 City of Mountain View 3-24-56 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] City vote : Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultire Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1-West Moultrie Area: For99; Agn57[UNK]Area vote: Area 2-Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For: (a)4,743 For: (b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For292 Agn37 Glascock 3507 Sheriffcompensation 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 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 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 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 Hampton 4-30-58 City vote : For92; Agn3 Outside City : For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6-3-58 City vote : For147; Agn107 Outside City : 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 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 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 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 2097

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 Chattooga 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 For61 Agn56 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Forsyth 2252 City of Cumming 4-1-61 City vote : For108; Agn26 Outside City vote : For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote : For45; Agn25 Outside City vote : For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Board of County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 County Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of Rockmart For: 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 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224

Page 2100

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 2103

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 2106

Georgia Laws 1964, January-February session : County Page No. SUBJECT Election Date of 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 Movltrie 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 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 2109

Georgia Laws 1964, Extra Session : County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For464 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 2110

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 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 2112

Georgia Laws, 1966 : County Page No. SUBJECT Election Date of 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 2114

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 2117

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 Educations 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 2121

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

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Georgia Laws, 1970 : County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11-3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For57 Agn51 Bryan 3191 City of Richmond Hill 5-26-70 For84 Agn154 Bulloch 2790 County Board of Education 6-10-70 For903 Agn698 Calhoun 2361 Sheriff Personnel 4-23-70 For121 Agn120 Camden 3278 Tax Commissioner 11-3-70 For648 Agn476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For49 Agn114 Charlton 3270 County Board of Education 5-19-70 For293 Agn307 Charlton 3274 County Commissioners 5-19-70 For272 Agn328 Chatham 2018 Town of Thunderbolt 4-14-70 For306 Agn29 Chatham 2080 City of Savannah Beach-Tybee Island 4-6-70 For339 Agn205 Clarke 2985 County School District Tax 11-3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn595 Elbert 2321 County Treasurer 11-3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4-7-70 For383 Agn1701 Emanuel 2153 County Board of Education 4-7-70 Proposal #11389 Proposal #2539 Proposal #3173 Gordon 2657 County Board of Education 9-9-70 For1798 Agn868 Habersham 3091 City of Cornelia 5-20-70 For166 Agn42 Habersham 3094 City of Cornelia 5-20-70 For121 Agn88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11-3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For520 Agn402 Meriwether 3039 City of Woodbury 5-12-70 Inside City : For83 Agn60 Outside City : For3 Agn32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn350 Monroe 3030 County Board of Education 11-3-70 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 2128

Georgia Laws 1971, January/February session : County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For395 Agn219 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 For115 Agn289 Brooks 2892 County Board of Education 6-9-71 For215 Agn526 Brooks 3278 City of Quitman 6-15-71 For82 Agn259 Burke 3328 City of Waynesboro 6-15-71 For74 Agn16 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 For335 Agn1,427 Decatur 2649 County Board of Education 4-29-71 For766 Agn496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For713 Agn547 Gilmer 3471 County Board of Education 6-16-71 For107 Agn90 Glynn 3550 City of Brunswick 6-15-71 For102 Agn266 Grady 2967 County School Superintendent 7-20-71 For625 Agn1,049 Gwinnett 3613 City of Duluth 6-7-71 For1 Agn35 Gwinnett 4042 City of Duluth 6-7-71 For1 Agn46 Gwinnett 4047 City of Duluth 6-7-71 For6 Agn73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For675 Agn713 Houston 3580 City of Warner Robins 2-29-72 For694 Agn734 Jones 3396 County Board of Education 5-26-71 For656 Agn543 Lamar 2710 County Board of Education, etc. 5-14-71 For999 Agn540 Lee 3976 City of Leesburg 7-6-71 Present City limits For14 Agn72 Proposed City limits For1 Agn14 Mitchell 2017 City of Pelham 4-21-71 For408 Agn26 Monroe 3071 County Commissioners 11-7-72 For540 Agn1,319 Monroe 3381 County Commissioners 11-7-72 For572 Agn1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For285 Agn137 Pierce 2492 Ordinary 11-7-72 For768 Agn540 Pierce 2496 Sheriff 11-7-72 For813 Agn477 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 2132

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 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 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 2138

Georgia Laws 1973, January/February session : County Page No. SUBJECT Election Date of Result Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13, 1974. 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 # 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 2140

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 (3 elections held on same date) City Vote Yes: 4833 No: 2928 County Vote 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 2142

Georgia Laws, 1975, January/February Session : County Page No. SUBJECT Date of Election Result Appling 3678 City of Baxleycorporate limits 6-26-75 For: 549 Agn: 603 Baker 2659 Abolish office of Treasurer 6-17-75 For: 352 Agn: 395 Baker 2662 Create office of Tax Commissioner 6-17-75 For: 338 Agn: 392 Berrien 2525 Appoint County School Superintendent 4-15-75 For: 124 Agn: 1,295 Berrien 3388 Appoint County School Superintendent Not Held Duplicate of Act Above Bibb 3349 Board of Water Commissioners 11-4-75 For: 10,601 Agn: 4,955 Brantley 3937 County Board of Education 8-12-75 Proposition No. 1 402 Proposition No. 2 713 Proposition No. 3 240 Bryan 3024 Election of Chairman Vice-Chairman of the Board of County Commissioners 8-26-75 For: 385 Agn: 115 Charlton 4015 County Board of Education 6-24-75 For: 776 Agn: 206 Chatham 3962 County Board of Education 5-4-76 * * Municipality Yes No Savannah 9,658 6,595 Unincorporated area 4,979 3,857 Bloomingdale 122 146 Garden City 362 466 Pooler 166 190 Port Wentworth 227 297 Savannah Beach 469 168 Thunderbolt 230 138 Vernonburg 24 20 Clarke 2779 City of Athensgovernment functions 5-21-75 For: 858 Agn: 989 Decatur 4087 Hospital Authority 8-10-76 # # Date of General Primary DeKalb 2752 County Board of Education Districts-terms 5-4-76 * Dodge 3031 County Board of Education elected 11-4-75 For: 1,206 Agn: 367 Douglas 2506 County Commissionersincrease membership 5-14-75 For: 642 Agn: 739 Gordon 2719 Create Board of Commissioners for County 7-8-75 For: 1,500 Agn: 972 Greene 4270 County Board of Education 5-4-76 * Hall 3574 Board of County Commissioners 8-10-76 # Harris 2960 County Board of Education Superintendent 7-8-75 For: 511 Agn: 147 Harris 4369 City of Shilohcharter amended Status Unknown Heard 4433 Board of County Commissioners 7-9-75 For: 520 Agn: 469 Henry 4133 City of Stockbridgecharter amendment 7-26-75 For: 113 Agn: 128 Newton 3577 County Board of Education 9-10-75 For: 1,353 Agn: 1,582 Paulding 2916 County Board of Commissioners created 8-26-75 For: 1,765 Agn: 949 Spalding 2771 Town of Orchard Hill 5-27-75 Inside Town For: 17 Agn: 5 Outside Town For: 20 Agn: 31 Spalding 4352 Board of County Commissioners 11-4-75 For: 1,205 Agn: 4,100 Stephens 4142 City of Toccoa Commissioners 6-12-75 For: 209 Agn: 191 Taylor 3486 County Board of Education 6-17-75 For: 298 Agn: 127 Union 4490 County Board of Commissioners 8-12-75 For: 189 Agn: 1,037 Upson 3356 County School Superintendent appointed 6-24-75 For: 531 Agn: 700 Whitfield 4296 City of Tunnell Hill 6-25-75 For: 126 Agn: 288 Worth 4202 County School Superintendent 7-15-75 For: 235 Agn: 460 Chatham 3128 Alcoholic beverages on premisestime limit 9-17-75 * * Date of Presidential Preference Primary (This election act was on a population basis and affects only Chatham County) 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. 1975 Extra Session Acts County Page No. SUBJECT Date of Election Result Coweta 1730 City of Newnancharter amendment 9-9-75 For: 248 Agn: 57 (This election based on population of municipality and affects only City of Newnan, Coweta County)

Page 2144

Local Option Sales and Use Tax of 1% (Ga. L. 1975, p. 984) County Date of Election Result Douglas Aug. 6, 1975 Yes: 1,589 No: 1,194 Richmond Aug. 5, 1975 Yes: 8,347 No: 4,332 Tift Aug. 12, 1975 Yes: 1,194 No: 1,371 Ben Hill Aug. 12, 1975 Yes: 713 No: 504 Cook Aug. 12, 1975 Yes: 813 No: 328 Colquitt Aug. 12, 1975 Yes: 1,207 No: 2,147 Troup Aug. 12, 1975 Yes: 1,394 No: 2,724 Walker Aug. 5, 1975 Yes: 1,972 No: 1,319 Irwin Aug. 12, 1975 Yes: 445 No: 283 Turner Aug. 12, 1975 Yes: 677 No: 390 Lowndes Aug. 12, 1975 Yes: 1,902 No: 1,808 Thomas Aug. 12, 1975 Yes: 1,371 No: 1,821 Berrien Aug. 12, 1975 Yes: 472 No: 604 Floyd Aug. 20, 1975 Yes: 4,309 No: 5,660 Paulding Aug. 26, 1975 Yes: 1,128 No: 1,547 Brooks Aug. 19, 1975 Yes: 375 No: 651 Forsyth Aug. 27, 1975 Yes: 915 No: 314 Muscogee Sept. 11, 1975 Yes: 12,340 No: 6,480 Butts Sept. 16, 1975 Yes: 717 No: 466 Clarke Sept. 16, 1975 Yes: 3,716 No: 4,280 Polk Sept. 16, 1975 Yes: 530 No: 1,670 Murray Sept. 17, 1975 Yes: 356 No: 534 McDuffie Sept. 23, 1975 Yes: 578 No: 824 Whitfield Sept. 23, 1975 Yes: 3,370 No: 809 Dougherty Sept. 23, 1975 Yes: 4,016 No: 4,055 Chatham Sept. 17, 1975 Yes: 15,249 No: 13,286 Hall Sept. 23, 1975 Yes: 3,038 No: 3,040 Stephens Oct. 21, 1975 Yes: 1,021 No: 1,047 Catoosa Oct. 14, 1975 Yes: 1,661 No: 807 Habersham Nov. 4, 1975 Yes: 675 No: 2,386 Coweta Nov. 4, 1975 Yes: 2,541 No: 911 Spalding Nov. 4, 1975 Yes: 1,075 No: 4,550 Jefferson Nov. 18, 1975 Yes: 682 No: 640 City and County Date of Election Result West Point (Troup and Harris Cos.) Sept. 16, 1975 Yes: 448 No: 72 Cave Spring (Floyd Co.) Oct. 21, 1975 Yes: 143 No: 107 Rome (Floyd Co.) Oct. 21, 1975 Yes: 1,687 No: 2,257 For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State