Acts and resolutions of the General Assembly of the state of Georgia 1977 [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 19770000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1977 19770000 Compiled and Published by Authority of The State

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TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References iii Bills and ResolutionsAct Number References x Acts and Resolutions of General Application 3 Resolutions Proposing Amendments to the Constitution 1553 Vetoes by the Governor, 1977-1978 Session 1625 The Constitution of the State of Georgia of 1976 1627 Map of Counties 1733 Appellate CourtsPersonnel 1734 Superior CourtsPersonnel and Calendars 1736 IndexTabular 1746 IndexGeneral 1755 Population of Georgia CountiesAlphabetically 1791 Population of Georgia CountiesNumerically 1794 Georgia Senators, Alphabetically by County 1796 Georgia Senators, Alphabetically by Name 1798 Georgia Senators, Numerically by District 1801 Georgia Representatives, Alphabetically by County 1803 Georgia Representatives, Alphabetically by Name 1805 Georgia Representatives, Numerically by District 1813 Status of Referendum Elections for the Years 1953-1976 1822 Proclamations 1897 VOLUME TWO Acts by NumbersPage References iii Bills and ResolutionsAct Number References x Acts and Resolutions of Local Application 2501 County Home Rule Actions 4549

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Municipal Home Rule Actions 4571 Vetoes by the Governor, 1977-1978 Session 4677 The Constitution of the State of Georgia of 1976 4679 Map of Counties 4785 Appellate CourtsPersonnel 4786 Superior CourtsPersonnel and Calendars 4788 IndexTabular 4798 IndexGeneral 4807 Population of Georgia CountiesAlphabetically 4843 Population of Georgia CountiesNumerically 4846 Georgia Senators, Alphabetically by County 4848 Georgia Senators, Alphabetically by Name 4850 Georgia Senators, Numerically by District 4853 Georgia Representatives, Alphabetically by County 4855 Georgia Representatives, Alphabetically by Name 4857 Georgia Representatives, Numerically by District 4865 Status of Referendum Elections for the Years 1953-1976 4874 Proclamations 4949

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Compiler's Note General Acts and Resolutions of the 1977 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 1553 of Volume One. This volume is bound separately. Local and Special Acts and Resolutions are grouped in Volume Two beginning on page 2501. Revisions and amendments of municipal charters made pursuant to the Municipal Home Rule Act of 1965 as amended and filed in the office of the Secretary of State are printed in Volume Two beginning on page 4571. These were filed in the office of the Secretary of State during 1976 and 1977. Home Rule Actions by Counties filed in the office of the Secretary of State during 1976 and 1977 are printed in Volume Two beginning on page 4549. There are no numbered pages between 1925 and 2501. The indexes are printed in each volume and cover the material in both volumes. The tabular index lists matters by broad categories; the general index is a detailed, alphabetical index by subject matter. This year for the first time a complete Table of Contents for both volumes is provided, and it appears in its entirety at the beginning of each volume.

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ACTS BY NUMBERS, PAGE REFERENCES 1 2503 2 3 3 159 4 166 5 171 6 172 7 173 8 174 9 2505 10 2508 11 175 12 176 13 2510 14 2544 15 177 16 2546 17 179 18 2585 19 2601 20 2603 21 2606 22 2610 23 2614 24 2616 25 5 26 180 27 181 28 2629 29 183 30 183 31 2630 32 2633 33 2638 34 184 35 2640 36 2643 37 2646 38 2649 39 187 40 2653 41 2655 42 188 43 189 44 2657 45 2689 46 2693 47 2694 48 2698 49 2700 50 2703 51 191 52 2705 53 2707 54 2710 55 2712 56 2714 57 2717 58 2719 59 2721 60 2724 61 2727 62 2731 63 2736 64 2741 65 2744 66 2746 67 2748 68 2751 69 2753 70 2756 71 2763 72 2767 73 192 74 196 75 199 76 2770 77 2772 78 2774 79 200 80 2777 81 2778 82 2782 83 2784 84 2786 85 201 86 223 87 225 88 226 89 226 90 228 91 230 92 232 93 2788 94 2791 95 234 96 2793 97 235 98 2796 99 2798 100 238 101 239 102 242 103 245 104 246 105 247 106 248 107 252 108 253 109 257 110 259 111 263 112 267 113 2803 114 618 115 2807 116 2809 117 2811 118 2813 119 2817 120 2837

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121 2839 122 2840 123 2842 124 2844 125 2846 126 2848 127 2851 128 2853 129 2856 130 2857 131 2860 132 2862 133 2865 134 2870 135 268 136 2873 137 2877 138 2880 139 2914 140 2916 141 2918 142 2924 143 2928 144 2930 145 2933 146 2935 147 2937 148 2940 149 2952 150 2955 151 2958 152 270 153 2961 154 2963 155 2966 156 2969 157 2972 158 277 159 2983 160 278 161 280 162 281 163 288 164 289 165 291 166 292 167 293 168 294 169 295 170 295 171 296 172 297 173 297 174 299 175 300 176 301 177 302 178 303 179 307 180 309 181 311 182 312 183 313 184 315 185 316 186 317 187 318 188 319 189 320 190 321 191 324 192 2985 193 332 194 334 195 341 196 2992 197 342 198 344 199 2994 200 345 201 3028 202 3031 203 346 204 3034 205 3065 206 3069 207 3071 208 3073 209 3075 210 3079 211 3113 212 3115 213 3120 214 3122 215 347 216 349 217 3124 218 3126 219 3128 220 3130 221 3132 222 3143 223 3147 224 3150 225 3152 226 351 227 3154 228 3156 229 3158 230 3161 231 351 232 368 233 381 234 384 235 396 236 537 237 541 238 545 239 547 240 549 241 550 242 552 243 560 244 563

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245 567 246 568 247 572 248 576 249 577 250 578 251 586 252 588 253 590 254 591 255 593 256 595 257 596 258 596 259 597 260 599 261 601 262 603 263 607 264 608 265 619 266 622 267 625 268 632 269 633 270 634 271 635 272 643 273 644 274 645 275 648 276 649 277 666 278 667 279 668 280 670 281 672 282 673 283 675 284 679 285 680 286 682 287 683 288 683 289 684 290 685 291 687 292 691 293 693 294 697 295 698 296 699 297 700 298 701 299 710 300 711 301 712 302 713 303 717 304 719 305 722 306 723 307 724 308 725 309 727 310 728 311 730 312 737 313 739 314 742 315 744 316 746 317 747 318 748 319 750 320 752 321 753 322 758 323 760 324 761 325 762 326 764 327 767 328 769 329 771 330 772 331 774 332 779 333 781 334 782 335 783 336 784 337 787 338 789 339 791 340 793 341 797 342 798 343 800 344 800 345 803 346 807 347 812 348 813 349 815 350 817 351 825 352 833 353 837 354 841 355 843 356 844 357 845 358 846 359 847 360 849 361 850 362 865 363 868 364 870 365 872 366 875 367 877 368 878

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369 879 370 880 371 884 372 886 373 887 374 889 375 890 376 892 377 895 378 896 379 897 380 898 381 902 382 903 383 3164 384 3181 385 3184 386 3186 387 3188 388 3197 389 3201 390 3203 391 3205 392 3208 393 3215 394 3218 395 3221 396 3233 397 3236 398 3242 399 3244 400 907 401 3247 402 3249 403 3252 404 3254 405 3255 406 3259 407 3262 408 3265 409 3268 410 3271 411 3274 412 3274 413 3277 414 3279 415 3282 416 3290 417 3292 418 3293 419 3298 420 3300 421 3303 422 3322 423 3328 424 3330 425 3331 426 3343 427 3344 428 3347 429 3349 430 3351 431 3353 432 3356 433 3358 434 3361 435 3364 436 3367 437 3370 438 3378 439 3381 440 3385 441 3387 442 3405 443 3440 444 3452 445 3453 446 3455 447 3458 448 3460 449 3462 450 3464 451 3466 452 3467 453 3480 454 3482 455 3510 456 3512 457 3514 458 3520 459 3523 460 3525 461 3527 462 3529 463 3533 464 3538 465 3541 466 3604 467 3606 468 3608 469 3611 470 3614 471 3649 472 3652 473 3654 474 3655 475 3658 476 3660 477 3661 478 3663 479 3665 480 3667 481 3670 482 3672 483 3674 484 3676 485 3678 486 3680 487 3683 488 3685 489 3688 490 3690 491 3692 492 3694

Page vii

493 3697 494 3699 495 3701 496 3703 497 3724 498 3744 499 3746 500 3748 501 3751 502 3752 503 3757 504 3760 505 3763 506 3766 507 3776 508 3815 509 3817 510 3820 511 3838 512 3840 513 3843 514 3846 515 3848 516 3851 517 3853 518 3855 519 3857 520 3859 521 3861 522 3863 523 3865 524 3870 525 3872 526 952 527 3875 528 3880 529 3883 530 3886 531 3888 532 3890 533 3892 534 3894 535 3899 536 3900 537 3901 538 3903 539 3905 540 3906 541 3914 542 3916 543 3919 544 3923 545 959 546 3924 547 3927 548 3932 549 3934 550 3938 551 3942 552 3944 553 3946 554 3949 555 3951 556 3959 557 3961 558 3963 559 3965 560 3967 561 3970 562 3972 563 3974 564 3980 565 4006 566 4008 567 4010 568 4013 569 4015 570 4017 571 4019 572 4020 573 4025 574 4028 575 4030 576 4033 577 4036 578 4039 579 4041 580 4043 581 4052 582 4054 583 4057 584 4068 585 4070 586 4073 587 4075 588 4078 589 4081 590 4084 591 4086 592 4088 593 4089 594 4092 595 4095 596 4097 597 4109 598 4111 599 4114 600 4116 601 4118 602 4120 603 4122 604 4124 605 4127 606 4129 607 4130 608 4132 609 4135 610 4146 611 4170 612 4173 613 961 614 972 615 975 616 984

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617 986 618 988 619 991 620 997 621 999 622 1001 623 1003 624 1008 625 1009 626 1011 627 1012 628 1014 629 1034 630 1035 631 1036 632 1037 633 1038 634 1039 635 4212 636 1040 637 1045 638 1051 639 1053 640 1063 641 1093 642 1096 643 1098 644 1108 645 1123 646 1130 647 1131 648 1133 649 1135 650 1136 651 1152 652 1154 653 1159 654 1160 655 1162 656 1164 657 1169 658 4213 659 1170 660 1171 661 4215 662 4217 663 4220 664 1175 665 1180 666 1182 667 1194 668 4238 669 4240 670 1197 671 1197 672 1198 673 1199 674 1200 675 4241 676 4243 677 1207 678 1209 679 1211 680 4254 681 4255 682 4261 683 4263 684 4264 685 4268 686 4270 687 4271 688 4272 689 4273 690 1217 691 4314 692 4316 693 4318 694 4344 695 4346 696 4350 697 4353 698 4388 699 4391 700 4445 701 4446 702 4448 703 4450 704 4463 705 4464 706 4466 707 4470 708 4472 709 4474 710 4475 711 4477 712 4480 713 4483 714 4485 715 4486 716 1221 717 1224 718 1226 719 1227 720 1229 721 1232 722 1235 723 1236 724 1237 725 1243 726 1247 727 1249 728 1253 729 1257 730 1266 731 1270 732 1279 733 1281 734 4504 735 1283 736 1285 737 1287 738 1290 739 1291 740 1293

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741 1302 742 1312 743 1314 744 4516 745 1316 746 1332 747 1333 748 4519 749 4523 750 1335 751 1506 752 1517 753 1520 RESOLUTIONS BY NUMBER 1 2799 2 237 3 912 4 3516 5 913 6 917 7 919 8 920 9 922 10 923 11 926 12 930 13 931 14 3519 15 933 16 936 17 938 18 939 19 948 20 950 21 1554 22 4527 23 1523 24 1526 25 4528 26 1528 27 1531 28 1534 29 1536 30 4530 31 1537 32 1539 33 1541 34 1544 35 1545 36 4532 37 4535 38 4538 39 4539 40 4540 41 4541 42 4542 43 4543 44 4544 45 4544 46 4545 47 4546 49 4547 50 1556 51 1557 52 1558 53 1562 54 1564 55 1565 56 1567 57 1569 58 1572 59 1574 60 1578 61 1581 62 1582 63 1583 64 1585 65 1587 66 1589 67 1591 68 1594 69 1596 70 1598 71 1600 72 1602 74 1606 73 1604 75 1608 76 1609 77 1610 78 1612 79 1614 80 1616 81 1617 82 1618 83 1620 84 1621 85 4548

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BILLS AND RESOLUTIONSACT NUMBER REFERENCES 1 Veto #1 4 613 11 26 12 340 13 625 14 753 17 27 18 85 19 341 23 626 25 614 26 160 27 342 29 343 31 627 32 344 35 24 37 86 38 87 42 161 45 Veto #10 46 345 52 346 53 628 55 88 65 347 68 383 69 348 81 349 87 727 89 28 90 29 92 89 97 350 99 162 100 724 101 351 103 352 104 353 106 30 109 354 111 384 120 385 126 355 127 356 134 636 135 90 138 728 145 729 151 386 152 357 153 629 158 91 159 735 163 92 164 31 165 358 166 359 168 630 169 32 171 93 172 33 174 631 176 94 177 95 178 387 179 100 195 360 196 34 197 632 198 633 199 634 200 163 201 96 202 361 213 615 214 616 215 617 216 618 222 97 223 98 225 35 226 36 227 37 241 362 242 736 244 363 245 364 246 637 249 365 254 725 256 366 257 733 269 367 271 368 272 236 273 369 275 99 277 370 278 371 279 638 280 372 281 273 282 274 283 635 292 388 293 101 294 389 295 730 297 375 298 726 302 390 303 731 305 734 306 391 307 392

Page xi

309 376 310 377 312 378 315 379 316 393 323 380 325 381 328 394 331 382 332 395 336 396 341 397 343 398 361 399 362 400 363 401 364 402 366 403 370 404 7 12 13 50 14 51 20 35 27 13 32 52 37 1 42 53 59 14 65 54 77 55 83 15 92 16 97 36 99 17 104 37 111 18 123 19 129 20 1 2 2 164 4 6 5 165 6 166 7 167 8 168 9 169 10 170 11 171 12 172 13 173 15 174 16 175 18 176 19 3 23 231 24 7 26 8 27 639 28 9 29 38 30 10 31 177 32 237 33 11 34 178 37 179 39 238 42 39 44 640 47 1 48 102 54 12 55 103 56 40 57 641 58 239 59 180 62 13 63 14 64 181 67 182 72 15 75 104 77 240 78 Veto #2 80 16 81 17 82 18 83 105 85 642 86 241 91 242 94 25 95 719 98 19 99 20 114 4 127 405 128 643 130 74 131 644 136 21 143 75 144 243 145 244 146 406 147 407 148 408 149 409 150 410 151 245 152 246 156 247 157 248 159 41 166 249 168 250

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173 251 174 252 175 619 177 253 178 411 179 750 180 42 183 Veto #11 185 43 189 183 201 106 202 107 203 254 205 255 206 256 207 257 208 258 209 259 210 108 211 Veto #4 212 109 215 260 220 718 221 158 225 261 227 110 228 262 233 645 238 646 243 263 244 720 248 647 250 184 251 185 252 186 255 648 257 721 259 264 260 649 261 265 263 266 268 267 269 737 271 44 272 650 274 187 275 188 276 189 278 412 282 268 285 269 289 270 291 651 293 232 294 751 295 Veto #12 296 45 297 271 300 652 303 190 306 738 310 653 311 752 315 413 317 275 320 276 321 191 322 732 323 272 324 Veto #15 328 273 331 739 332 274 336 76 337 77 339 277 348 46 349 111 350 112 351 47 356 740 359 278 360 279 366 654 375 280 380 655 383 281 399 192 403 282 406 283 408 48 410 656 421 657 431 5 434 49 438 78 440 113 442 284 443 658 446 659 448 50 450 193 451 194 455 51 456 52 457 722 459 53 460 54 461 55 462 56 464 285 465 22 467 57 469 286 474 414 475 415 477 58 481 195 482 23 483 59 484 60 485 61 486 287 487 288

Page xiii

488 289 493 114 494 62 498 660 499 233 501 741 502 234 503 290 505 416 509 291 513 292 525 63 526 293 533 662 535 294 538 661 539 64 541 295 542 716 547 417 552 Veto #13 555 115 556 196 557 116 559 296 560 65 561 117 563 66 565 297 566 298 568 118 569 67 570 68 571 79 572 197 573 663 576 299 577 69 582 418 583 73 586 300 589 419 590 664 594 301 596 665 597 302 598 303 604 198 605 620 606 621 607 622 609 80 610 119 612 120 613 121 614 122 615 123 616 124 617 125 618 126 619 304 620 305 621 70 622 71 626 666 628 306 629 742 630 307 631 308 633 667 635 127 636 130 637 128 638 129 640 420 643 743 650 668 651 669 652 131 653 670 654 717 656 Veto #5 657 671 658 672 659 199 664 Veto #6 666 132 667 133 668 421 669 309 670 134 671 135 672 310 673 136 674 422 675 137 676 744 677 138 678 311 680 72 685 139 686 140 687 200 688 201 689 202 690 141 691 142 692 312 693 673 697 674 699 675 700 143 701 144 702 313 704 203 711 204 712 423 713 145 714 146 717 147 718 148 720 149 721 150 724 314

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725 315 726 424 728 676 733 425 734 205 735 151 736 426 739 206 740 316 746 745 747 746 749 207 751 317 753 427 754 152 756 747 757 Veto #14 759 318 760 319 765 428 766 208 767 320 768 429 769 321 770 322 771 323 772 430 774 431 775 209 776 723 777 432 778 433 779 434 780 435 781 436 782 210 783 153 784 154 786 324 789 437 790 325 792 235 796 81 797 438 798 82 799 83 800 211 801 84 807 677 808 678 810 157 812 326 813 327 815 155 816 439 818 212 820 440 823 328 825 441 826 329 827 330 828 442 829 156 830 213 834 443 835 214 837 331 838 216 839 444 840 445 841 446 842 217 843 218 844 219 847 220 848 678 850 215 853 221 854 222 855 223 856 224 857 225 859 226 861 227 862 228 864 229 865 230 868 447 869 448 870 449 871 450 872 451 877 680 878 332 879 681 882 452 883 333 884 453 885 454 886 455 887 456 888 457 889 458 890 459 893 682 895 460 896 461 897 462 898 463 900 464 901 465 904 Veto #7 905 623 907 683 908 466 911 684 915 685 916 467 918 468 919 469 922 470 923 471 932 472 933 473

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934 686 935 687 939 474 943 475 944 476 945 477 946 478 947 479 948 480 949 481 950 Veto #8 951 482 952 483 953 484 954 485 955 486 956 487 957 488 958 688 959 489 961 490 965 491 967 492 968 689 971 334 972 690 973 335 974 493 976 336 977 494 978 495 979 496 980 497 981 498 982 499 983 500 984 501 985 502 987 691 989 503 990 504 991 748 992 505 994 506 995 507 996 508 998 509 999 337 1001 510 1003 511 1004 692 1005 693 1006 512 1007 513 1008 514 1009 515 1010 516 1011 517 1013 694 1015 695 1016 518 1017 519 1018 520 1019 521 1020 696 1022 522 1023 523 1024 524 1025 525 1027 526 1029 527 1030 528 1032 529 1033 530 1034 531 1035 532 1036 533 1037 534 1038 697 1039 535 1040 536 1041 537 1042 538 1043 539 1044 540 1045 338 1047 339 1052 541 1056 542 1057 698 1058 699 1059 543 1060 544 1061 624 1066 700 1067 545 1068 546 1071 547 1074 701 1078 548 1079 159 1086 549 1088 550 1090 551 1091 552 1092 553 1093 554 1094 702 1096 Veto #9 1098 703 1099 749 1100 704 1102 555 1104 556 1105 557 1106 558 1107 559 1108 560 1109 561 1110 562 1111 705 1112 563 1117 564 1120 565

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1121 566 1123 567 1125 568 1126 706 1127 707 1128 569 1130 570 1131 571 1132 572 1133 573 1134 574 1136 575 1137 576 1141 577 1142 708 1146 578 1147 579 1151 580 1153 581 1154 582 1155 583 1156 584 1157 585 1158 586 1159 587 1160 588 1161 589 1164 590 1165 591 1166 709 1167 710 1168 592 1169 593 1171 594 1172 711 1173 712 1174 595 1175 596 1176 597 1177 598 1183 713 1184 599 1185 600 1186 601 1189 602 1191 603 1193 604 1194 605 1195 606 1197 714 1198 607 1200 608 1202 715 1203 609 1204 610 1206 611 1207 612 8-58 56 10-58 57 12-58 38 13-58 22 18-60 39 31-153 40 35-158 2 41-200 3 51-242 58 52-242 41 57-260 59 84-370 42 87-398 60 92-409 43 93-409 44 96-458 23 113-477 4 114-477 5 115-513 24 116-513 6 118-513 7 119-513 45 121-513 8 123-545 61 124-545 25 132-570 46 133-570 62 135-588 26 137-609 21 138-609 63 157-654 27 164-686 64 172-698 65 173-700 66 174-700 67 178-714 68 179-714 69 180-714 70 181-714 71 182-714 72 184-714 73 187-714 47 188-714 Veto #3 191-727 28 194-774 48 196-774 49 208-823 29 215-836 85 217-838 9 231-872 30 257-958 31 258-964 74 259-964 10 267-978 32 268-984 75 269-984 76 270-984 77 274-1031 78 276-1053 33 296-1106 79 306-1108 34 309-1113 11 313-1143 80 314-1143 81 315-1143 82 316-1143 83 319-1147 84

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1977 SUPPLEMENTAL APPROPRIATION - GEORGIA BUILDING AUTHORITY. No. 2 (House Bill No. 1). An Act to provide for the Georgia Building Authority, through the Department of Administrative Services, in addition to any other appropriations heretofore or hereafter made, a supplementary appropriation for the remainder of the Fiscal Year ending June 30, 1977, in connection with Georgia Building Authority Project No. 39Y; to confer certain responsibilities upon the Office of Planning and Budget; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Department of Administrative Services. There is hereby appropriated to the Department of Administrative Services for the remainder of the Fiscal Year ending June 30, 1977, in addition to any other appropriations heretofore or hereafter made, the following sum of money:

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Budget Unit: Department of Administrative Services $ 1,750,000 Georgia Building Authority Budget: Direct Payments to Authority for Construction $ 1,750,000 Total Funds Budgeted $ 1,750,000 State Funds Budgeted $ 1,750,000 Provided, the above appropriation is designated and committed for foundation construction and other expenses of the Twin Towers Project (Georgia Building Authority Project No. GBA 39Y). Total Supplemental Appropriation Fiscal Year 1976-77 $ 1,750,000. Section 2. The Office of Planning and Budget is hereby directed to economize wherever possible, and in the event any part of the appropriation provided in the foregoing section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amount so in excess as determined by the Office of Planning and Budget shall cease to be an obligation of the State. Section 3. The Office of Planning and Budget is hereby directed to insure minority participation in all future phases of construction. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 18, 1977. Compiler's Note: ACT NO. 3, which is the next sequential act, begins on p. 159. The act immediately following this Note has been printed out of its proper sequence .

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GENERAL APPROPRIATIONS ACT AMENDED. No. 25 (House Bill No. 94). An Act to amend an Act providing appropriations for the fiscal year 1976-77, known as the General Appropriations Act, approved March 25, 1976 (Ga. L. 1976, p. 785), so as to change certain appropriations for the fiscal year 1976-77; 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 1976-77, known as the General Appropriations Act, approved March 25, 1976 (Ga. L. 1976, p. 785), is hereby amended by striking the following: PART I. LEGISLATIVE BRANCH and sections 1 through 57, and inserting in lieu thereof the following: 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

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For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for 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

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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 $ 2,698,432 1. Operations $ 2,358,432 Total Funds Budgeted $ 2,358,432 State Funds Budgeted $ 2,358,432 2. Tax Ratio Study $ 340,000 Total Funds Budgeted $ 340,000 State Funds Budgeted $ 340,000 Budget Unit Object Classes: Operations $ 2,358,432 Tax Ratio Study $ 340,000 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 1,212,567 For the cost of operating the Supreme Court of the State of Georgia, including

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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. Provided, however, that the sum of $7,000 shall be allocated for the cost of Georgia's prorata share for the operation of the National Center for State Courts. Section 4. Superior Courts. Budget Unit: Superior Courts $ 7,785,000 For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the payment of travel, tuition and expenses of Judges authorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law. 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 Ga. L. 1974, p. 358.

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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 $14,000 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 $ 1,356,031 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 $ 178,668 Total Funds Budgeted $ 1,368,524 State Funds Budgeted $ 178,668

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For the cost of operating the Administrative Offices of the Court. Section 7. Appellate Court Reports. Budget Unit: Court Reports $ 114,000 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: $ 40,341 For the cost of operating the Council of Juvenile Court Judges.

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PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. Budget Unit: Department of Administrative Services $ 27,837,503 1. Georgia Building Authority Budget: Direct Payments to Authority for Operations $ 2,521,854 Capital Outlay $ 405,000 Authority Lease Rentals $ 2,495,903 Total Funds Budgeted $ 5,422,757 State Funds Budgeted $ 5,422,757 Total Positions Budgeted 0 2. Departmental Administration Budget: Personal Services $ 545,404 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 $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 610,243 State Funds Budgeted $ 610,243 Total Positions Budgeted 35 3. Fiscal Administration Budget: Personal Services $ 370,344 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 $ 2,665,000 Other Contractual Expense $ -0- Total Funds Budgeted $ 3,080,344 State Funds Budgeted $ 3,080,344 Total Positions Budgeted 25 4. Self-Insurance Administration Budget: Personal Services $ 250,758 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 $ 1,990,000 Total Funds Budgeted $ 2,280,458 State Funds Budgeted $ 2,245,530 Total Positions Budgeted 18 5. Produrement Administration Budget: Personal Services $ 734,595 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 $ 894,352 State Funds Budgeted $ 894,352 Total Positions Budgeted 53 6. General Services Administration Budget: Personal Services $ 125,314 Regular Operating Expenses $ 83,118 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 $ 209,832 State Funds Budgeted $ 100,445 Total Positions Budgeted 13 7. Property Management Administration Budget: Personal Services $ 178,613 Regular Operating Expenses $ 35,092 Travel $ 5,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 780 Equipment Purchases $ 8,150 Per Diem and Fees $ 1,950 Computer Charges $ 12,100 Other Contractual Expense $ -0- Total Funds Budgeted $ 241,885 State Funds Budgeted $ 194,747 Total Positions Budgeted 16 8. Data Processing Services Budget: Personal Services $ 9,149,593 Regular Operating Expenses $ 1,443,000 Travel $ 25,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 74,865 Per Diem and Fees $ 1,293,580 Computer Charges $ 150,000 Rents and Maintenance Expense $ 9,306,832 Other Contractual Expense $ -0- Total Funds Budgeted $ 21,457,870 State Funds Budgeted $ 10,005,765 Total Positions Budgeted 647 9. Motor Pool Services Budget: Personal Services $ 313,535 Regular Operating Expenses $ 577,236 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 212,800 Publications and Printing $ 1,500 Equipment Purchases $ 15,590 Per Diem and Fees $ -0- Computer Charges $ 1,800 Other Contractual Expense $ -0- Total Funds Budgeted $ 1,124,461 State Funds Budgeted $ -0- Total Positions Budgeted 29 10. Communication Services Budget: Personal Services $ 1,396,049 Regular Operating Expenses $ 318,457 Travel $ 11,103 Motor Vehicle Equipment Purchases $ 36,968 Publications and Printing $ 48,899 Equipment Purchases $ 34,000 Per Diem and Fees $ 14,000 Computer Charges $ 73,260 Other Contractual Expense $ -0- Telephone Billings $ 13,259,000 Total Funds Budgeted $ 15,191,736 State Funds Budgeted $ 5,000,235 Total Positions Budgeted 105 11. Printing Services Budget: Personal Services $ 874,446 Regular Operating Expenses $ 1,153,936 Travel $ 3,875 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 xpense $ -0- Total Funds Budgeted $ 2,156,357 State Funds Budgeted $ 85,000 Total Positions Budgeted 78 12. Central Supply Services Budget: Personal Services $ 120,800 Regular Operating Expenses $ 1,615,961 Travel $ 1,000 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 2,000 Equipment Purchases $ 8,300 Per Diem and Fees $ 2,640 Computer Charges $ 2,500 Other Contractual Expense $ -0- Total Funds Budgeted $ 1,760,201 State Funds Budgeted $ 15,000 Total Positions Budgeted 12 13. State Properties Commission Budget: Personal Services $ 82,911 Regular Operating Expenses $ 21,000 Travel $ 5,884 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 3,500 Per Diem and Fees $ 10,000 Computer Charges $ -0- Other Contractual Expense $ 5,000 Total Funds Budgeted $ 134,295 State Funds Budgeted $ 134,295 Total Positions Budgeted 7 14. Volunteer Services Budget: Personal Services $ 45,161 Regular Operating Expenses $ 5,999 Travel $ 3,050 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,100 Equipment Purchases $ -0- Per Diem and Fees $ 4,650 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 63,960 State Funds Budgeted $ 48,790 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 14,187,523 Regular Operating Expenses $ 5,431,745 Travel $ 95,362 Motor Vehicle Equipment Purchases $ 266,768 Publications and Printing $ 116,079 Equipment Purchases $ 259,605 Per Diem and Fees $ 1,327,420 Computer Charges $ 2,960,660 Other Contractual Expense $ 5,000 Rents and Maintenance Expense $ 9,306,832 Workmen's Compensation $ 1,990,000 Direct Payments to Authority for Operations $ 2,521,854 Capital Outlay $ 405,000 Authority Lease Rentals $ 2,495,903 Telephone Billings $ 13,259,000 Total Positions Budgeted 1,041

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Section 12. Department of Agriculture. Budget Unit: Department of Agriculture $ 15,536,430 1. Plant Industry Budget: Personal Services $ 2,205,785 Regular Operating Expenses $ 192,306 Travel $ 93,000 Motor Vehicle Equipment Purchases $ 48,000 Publications and Printing $ 23,300 Equipment Purchases $ 16,500 Per Diem and Fees $ 500 Computer Charges $ -0- Other Contractual Expense $ 30,000 Total Funds Budgeted $ 2,609,391 State Funds Budgeted $ 2,503,391 Total Positions Budgeted 183 2. Animal Industry Budget: Personal Services $ 664,225 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 $ 5,000 Athens Veterinary Laboratory Contract $ 245,100 Tifton Veterinary Laboratory Contract $ 400,600 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 $ 2,928,898 State Funds Budgeted $ 2,819,898 Total Positions Budgeted 52 3. Marketing Budget: Personal Services $ 1,025,773 Regular Operating Expenses $ 241,633 Travel $ 33,400 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $ 12,000 Equipment Purchases $ 3,850 Per Diem and Fees $ 2,700 Computer Charges $ -0- Other Contractual Expense $ 31,100 Capital Outlay $ 100,000 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Total Funds Budgeted $ 2,454,456 State Funds Budgeted $ 2,309,864 Total Positions Budgeted 81 Provided, that of the above appropriation relating to Regular Operating Expenses, $50,000 is designated and committed to make repairs and renovations at Farmers Markets for which Authority funds cannot be used. Provided that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed to construct a produce shed at the Glennville Farmers Market. 4. General Agricultural Field Forces Budget: Personal Services $ 1,397,923 Regular Operating Expenses $ 115,000 Travel $ 150,000 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 $ 1,686,133 State Funds Budgeted $ 1,686,133 Total Positions Budgeted 131 5. Internal Administration Budget: Personal Services $ 703,703 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 $ 935,189 State Funds Budgeted $ 918,189 Total Positions Budgeted 48 6. Information and Education Budget: Personal Services $ 126,475 Regular Operating Expenses $ 303,000 Travel $ 700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 262,600 Equipment Purchases $ 1,500 Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 694,275 State Funds Budgeted $ 694,275 Total Positions Budgeted 11 7. Fuel and Measures Standards Budget: Personal Services $ 686,391 Regular Operating Expenses $ 123,000 Travel $ 68,000 Motor Vehicle Equipment Purchases $ 54,000 Publications and Printing $ 6,000 Equipment Purchases $ 6,625 Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Capital Outlay $ 23,000 Total Funds Budgeted $ 967,016 State Funds Budgeted $ 967,016 Total Positions Budgeted 62 8. Consumer Protection Budget: Personal Services $ 582,557 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 $ 659,757 State Funds Budgeted $ 659,757 Total Positions Budgeted 39 9. Consumer Protection Field Forces Budget: Personal Services $ 1,457,255 Regular Operating Expenses $ 74,426 Travel $ 122,000 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $ 4,500 Equipment Purchases $ 2,600 Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 1,684,781 State Funds Budgeted $ 1,472,320 Total Positions Budgeted 112 10. Meat Inspection Budget: Personal Services $ 1,787,987 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 $ 2,063,887 State Funds Budgeted $ 885,287 Total Positions Budgeted 145 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 $ 399,000 Purchase of Bait $ -0- Total Funds Budgeted $ 600,000 State Funds Budgeted $ 435,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 10,794,274 Regular Operating Expenses $ 1,341,365 Travel $ 725,323 Motor Vehicle Equipment Purchases $ 198,000 Publications and Printing $ 360,050 Equipment Purchases $ 38,735 Per Diem and Fees $ 43,700 Computer Charges $ 85,686 Other Contractual Expense $ 500,000 Purchase of Bait $ -0- Athens Veterinary Laboratory Contract $ 245,100 Tifton Veterinary Laboratory Contract $ 400,600 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 Capital Outlay $ 123,000 Total Positions Budgeted 864

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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 $ 1,870,860 1. Administration Budget: Personal Services $ 377,313 Regular Operating Expenses $ 81,200 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,833 Equipment Purchases $ 3,760 Per Diem and Fees $ 2,000 Computer Charges $ 8,750 Other Contractual Expense $ -0- Total Funds Budgeted $ 496,856 State Funds Budgeted $ 496,856 Total Positions Budgeted 23 2. Examination Budget: Personal Services $ 1,069,528 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 $ 1,374,004 State Funds Budgeted $ 1,374,004 Total Positions Budgeted 67 Budget Unit Object Classes: Personal Services $ 1,446,841 Regular Operating Expenses $ 94,480 Travel $ 289,146 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,833 Equipment Purchases $ 10,810 Per Diem and Fees $ 2,000 Computer Charges $ 8,750 Other Contractual Expense $ -0- Total Positions Budgeted 90

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Provided, that of the above appropriation relative to Publications and Printing, $6,833 is designated and committed for printing services by the Office of the Secretary of State.

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Section 14. Department of Community Development. A. Budget Unit: Department of Community Development $ 8,247,142 1. Industry Budget: Personal Services $ 292,442 Regular Operating Expenses $ 10,749 Travel $ 35,500 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 $ 344,691 State Funds Budgeted $ 344,691 Total Positions Budgeted 16 2. Research Budget: Personal Services $ 241,945 Regular Operating Expenses $ 45,085 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 3,485 Per Diem and Fees $ 38,200 Computer Charges $ 19,473 Other Contractual Expense $ -0- Total Funds Budgeted $ 352,188 State Funds Budgeted $ 295,388 Total Positions Budgeted 17 3. Tourism Budget: Personal Services $ 737,985 Regular Operating Expenses $ 332,286 Travel $ 43,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 9,713 Per Diem and Fees $ 51,000 Computer Charges $ 4,500 Other Contractual Expense $ -0- Capital Outlay $ 605,000 Local Welcome Center Contracts $ 75,230 Total Funds Budgeted $ 1,860,014 State Funds Budgeted $ 1,860,014 Total Positions Budgeted 76 4. Internal Administration Budget: Personal Services $ 396,233 Regular Operating Expenses $ 469,818 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,900 Equipment Purchases $ 14,586 Per Diem and Fees $ 19,500 Computer Charges $ 6,800 Other Contractual Expense $ -0- Direct Payments for World Congress Center Operations $ 1,250,000 Total Funds Budgeted $ 2,197,837 State Funds Budgeted $ 1,957,837 Total Positions Budgeted 25 5. International Budget: Personal Services $ 137,755 Regular Operating Expenses $ 62,053 Travel $ 35,709 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,050 Equipment Purchases $ 4,100 Per Diem and Fees $ 121,300 Computer Charges $ 9,245 Other Contractual Expense $ -0- Total Funds Budgeted $ 371,212 State Funds Budgeted $ 371,212 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 $ 1,806,360 Regular Operating Expenses $ 919,991 Travel $ 131,109 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 32,850 Equipment Purchases $ 33,384 Per Diem and Fees $ 232,000 Computer Charges $ 40,018 Other Contractual Expense $ -0- Capital Outlay $ 605,000 Local Welcome Center Contracts $ 75,230 Advertising $ 628,000 Authority Lease Rentals $ 2,790,000 Direct Payments for World Congress Center Operations $ 1,250,000 Total Positions Budgeted 142 B. Budget Unit: Community Affairs $ 2,567,623 1. Executive Office and Administrative Support: Personal Services $ 261,377 Regular Operating Expenses $ 44,345 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 $ -0- Total Funds Budgeted $ 342,022 State Funds Budgeted $ 261,064 Total Positions Budgeted 16 2. Area Development: Personal Services $ 297,951 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 $ 2,401,022 State Funds Budgeted $ 1,359,862 Total Positions Budgeted 16 3. Local Development: Personal Services $ 277,032 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 $ 321,032 State Funds Budgeted $ 104,919 Total Positions Budgeted 16 4. State Crime Commission Planning and Grant Administration: Personal Services $ 748,099 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 $ 976,549 State Funds Budgeted $ 86,778 Total Positions Budgeted 45 5. LEAA Grants Budget: LEAA Juvenile Justice $ 432,020 LEAA Action Local $ 7,701,300 LEAA Action State $ 3,798,700 LEAA State Buy-In $ 755,000 LEAA Planning $ 653,512 Total Funds Budgeted $ 13,340,532 State Funds Budgeted $ 755,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 1,584,459 Regular Operating Expenses $ 189,612 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 Expenses $ -0- 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 $ 755,000 LEAA Planning $ 653,512 LEAA Juvenile Justice $ 432,020 Total Positions Budgeted 93 C. Budget Unit: State Building Administrative Board $ 90,741 State Building Administrative Board Budget: Personal Services $ 61,733 Regular Operating Expenses $ 4,564 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,944 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 $ 61,733 Regular Operating Expenses $ 4,564 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,944 Equipment Purchases $ 3,000 Per Diem and Fees $ 3,500 Computer Charges $ -0- Other Contractual Expense $ -0- Total Positions Budgeted 6

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For general adminstrative cost of operating the Department of Community Development, including advertising expense and Grants for Area Planning and Development

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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 15. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 3,429,092 1. Internal Administration Budget: Personal Services $ 315,803 Regular Operating Expenses $ 61,000 Travel $ 13,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,374 Equipment Purchases $ 1,800 Per Diem and Fees $ 9,200 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 412,177 State Funds Budgeted $ 412,177 Total Positions Budgeted 19 2. Insurance Regulation Budget: Personal Services $ 536,095 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 $ 157,409 Other Contractual Expense $ -0- Total Funds Budgeted $ 754,573 State Funds Budgeted $ 754,573 Total Positions Budgeted 43 3. Industrial Loans Regulation Budget: Personal Services $ 233,094 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 $ 268,891 State Funds Budgeted $ 268,891 Total Positions Budgeted 15 4. Information and Enforcement Budget: Personal Services $ 421,179 Regular Operating Expenses $ 31,147 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,300 Equipment Purchases $ 5,200 Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 473,826 State Funds Budgeted $ 473,826 Total Positions Budgeted 38 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,284,466 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 $ 1,519,625 State Funds Budgeted $ 1,519,625 Total Positions Budgeted 107 Budget Unit Object Classes: Personal Services $ 2,790,637 Regular Operating Expenses $ 227,216 Travel $ 175,090 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,140 Equipment Purchases $ 11,200 Per Diem and Fees $ 17,400 Computer Charges $ 157,409 Other Contractual Expense $ -0- Total Positions Budgeted 222

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Section 16. Department of Defense. Budget Unit: Department of Defense $ 1,644,153 1. Administration and Support of State Militia Budget: Personal Services $ 571,086 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 $ 930,166 State Funds Budgeted $ 930,166 Total Positions Budgeted 36 2. Civil Defense Budget: Personal Services $ 496,575 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 $ 581,959 State Funds Budgeted $ 306,304 Total Positions Budgeted 33 3. Armory Maintenance and Repair Budget: Personal Services $ 64,045 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 $ 163,545 State Funds Budgeted $ 163,545 Total Positions Budgeted 5 4. Disaster Preparedness and Recovery Budget: Personal Services $ 163,487 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 $ 240,500 State Funds Budgeted $ -0- Total Positions Budgeted 10 5. Service Contracts Budget: Personal Services $ 1,365,582 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 $ 1,555,848 State Funds Budgeted $ 244,138 Total Positions Budgeted 122 Budget Unit Object Classes: Personal Services $ 2,660,775 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

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Section 17. State Board of EducationDepartment of Education. A. Budget Unit: Department of Education $ 682,690,503 1. Instructional Services Budget: Personal Services $ 68,477 Regular Operating Expenses $ 3,214 Travel $ 3,185 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,600 Equipment Purchases $ -0- Per Diem and Fees $ 1,800 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 79,276 State Funds Budgeted $ 79,276 Total Positions Budgeted 3 2. Pre-School and Special Education Budget: Personal Services $ 565,686 Regular Operating Expenses $ 52,927 Travel $ 48,279 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,700 Equipment Purchases $ 500 Per Diem and Fees $ 2,700 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 676,792 State Funds Budgeted $ 421,120 Total Positions Budgeted 33 3. Governor's Honors Program Budget: Personal Services $ 203,188 Regular Operating Expenses $ 55,086 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,400 Equipment Purchases $ 3,407 Per Diem and Fees $ 19,000 Computer Charges $ -0- Other Contractual Expense $ 195,809 Total Funds Budgeted $ 484,890 State Funds Budgeted $ 341,528 Total Positions Budgeted 2 4. General Education Budget: Personal Services $ 665,964 Regular Operating Expenses $ 86,451 Travel $ 45,782 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 67,315 Equipment Purchases $ 2,895 Per Diem and Fees $ 69,476 Computer Charges $ -0- Other Contractual Expense $ 33,000 Total Funds Budgeted $ 970,883 State Funds Budgeted $ 553,743 Total Positions Budgeted 37 5. Vocational Education Budget: Personal Services $ 1,825,119 Regular Operating Expenses $ 256,453 Travel $ 172,969 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,294 Equipment Purchases $ 11,999 Per Diem and Fees $ 3,450 Computer Charges $ -0- Other Contractual Expense $ 1,190 Non-APEG Grants: High School Program $ 13,566,684 High School Construction $ 520,000 Vocational Education Research and Curriculum $ 625,716 Adult Education $ 2,298,942 Vocational Teacher Training $ 598,429 Area Vocational-Technical Schools $ 28,182,590 Junior College Vocational Program $ 477,693 Quick Start Program $ 1,600,000 Comprehensive Employment and Training $ 2,919,452 Teacher Retirement $ 1,940,174 Total Funds Budgeted $ 55,026,154 State Funds Budgeted $ 36,243,714 Total Positions Budgeted 108 6. Compensatory Education Budget: Personal Services $ 364,137 Regular Operating Expenses $ 36,050 Travel $ 19,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,300 Equipment Purchases $ -0- Per Diem and Fees $ 10,600 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 435,887 State Funds Budgeted $ 48,040 Total Positions Budgeted 24 7. Student Services Budget: Personal Services $ 274,059 Regular Operating Expenses $ 24,355 Travel $ 17,803 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,800 Equipment Purchases $ -0- Per Diem and Fees $ 619 Computer Charges $ -0- Other Contractual Expense $ 320,551 Total Funds Budgeted $ 641,187 State Funds Budgeted $ 605,687 Total Positions Budgeted 16 8. Media Services Budget: Personal Services $ 2,249,596 Regular Operating Expenses $ 1,697,913 Travel $ 75,449 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 206,729 Equipment Purchases $ 40,850 Per Diem and Fees $ 93,905 Computer Charges $ -0- Other Contractual Expense $ 52,054 Total Funds Budgeted $ 4,416,496 State Funds Budgeted $ 3,743,748 Total Positions Budgeted 181 9. Public Library Services Budget: Personal Services $ 577,019 Regular Operating Expenses $ 658,321 Travel $ 22,808 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 11,000 Per Diem and Fees $ 21,500 Computer Charges $ -0- Other Contractual Expense $ 6,000 Non-APEG Grants: Salaries and Travel of Public Librarians $ 2,722,885 Public Library Materials $ 2,092,979 Talking Book Centers $ 160,000 Public Library Maintenance and Operation $ 849,072 Teacher Retirement $ 236,917 Total Funds Budgeted $ 7,362,501 State Funds Budgeted $ 6,418,980 Total Positions Budgeted 51 10. Program Standards and Assessments Budget: Personal Services $ 735,113 Regular Operating Expenses $ 53,392 Travel $ 54,480 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,104 Equipment Purchases $ 4,403 Per Diem and Fees $ 52,474 Computer Charges $ -0- Other Contractual Expense $ 350,000 Total Funds Budgeted $ 1,266,966 State Funds Budgeted $ 922,686 Total Positions Budgeted 53 11. State Administration Budget: Personal Services $ 542,665 Regular Operating Expenses $ 68,562 Travel $ 17,850 Motor Vehicle Equipment Purchases $ 4,500 Publications and Printing $ 20,538 Equipment Purchases $ 10,997 Per Diem and Fees $ 92,956 Computer Charges $ -0- Other Contractual Expense $ 19,207 Total Funds Budgeted $ 777,275 State Funds Budgeted $ 602,281 Total Positions Budgeted 28 12. Administrative Services Budget: Personal Services $ 3,307,371 Regular Operating Expenses $ 513,825 Travel $ 187,159 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 137,088 Equipment Purchases $ 24,648 Per Diem and Fees $ 25,887 Computer Charges $ 674,426 Other Contractual Expense $ 24,750 Total Funds Budgeted $ 4,895,154 Indirect DOAS Services Funding $ 220,000 State Funds Budgeted $ 2,675,199 Total Positions Budgeted 237 13. Local Programs Budget: 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 $ 694,293 Authority Lease Rentals $ 333,204 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 323,620,840 Salaries of Instructional Personnel (Sec. 5) $ 39,144,140 Salaries of Student Supportive Personnel (Sec. 20(a)) $ 13,833,960 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 40,968,400 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 917,770 Instructional Media (Sec. 13) $ 11,681,616 Instructional Equipment (Sec. 14) $ 430,170 Maintenance and Operation (Sec. 15) $ 56,461,144 Sick and Personal Leave (Sec. 16) $ 2,920,404 Travel Regular (Sec. 17) $ 522,690 Travel Special (Sec. 17) $ 76,140 Pupil Transportation Regular (Sec. 25) $ 32,539,695 Pupil Transportation Special (Sec. 25) $ 2,043,165 Isolated Schools $ 98,300 Selective Pre-School Development $ 5,821,236 Non-APEG Grants: Education of Children of Low-Income Families $ 60,641,423 Driver Education $ 350,000 Teacher Retirement $ 38,376,756 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 $ 14,550 Tuition for the Multi-handicapped $ 622,000 Severely Emotionally Disturbed $ 5,352,773 Compensatory Education $ 10,246,747 Guidance, Counseling and Testing $ 180,626 Educational Television $ 56,186 School Library Resources and Other Materials $ 3,020,664 School Lunch $ 87,035,521 Supplementary Education Centers and Services $ 2,752,440 Staff Development $ 540,000 Supervision and Assessment of Students $ 145,000 Cooperative Educational Service Agencies $ 2,192,000 Superintendents' Salaries $ 3,149,807 Research and Development Utilization $ 207,369 Total Funds Budgeted $ 776,134,936 State Funds Budgeted $ 629,931,036 Total Positions Budgeted 0 14. State Schools Administration Budget: Personal Services $ 106,676 Regular Operating Expenses $ 3,232 Travel $ 5,582 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 600 Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 116,090 State Funds Budgeted $ 103,465 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 11,485,070 Regular Operating Expenses $ 3,509,781 Travel $ 675,146 Motor Vehicle Equipment Purchases $ 4,500 Publications and Printing $ 501,468 Equipment Purchases $ 110,699 Per Diem and Fees $ 394,367 Computer Charges $ 674,426 Other Contractual Expense $ 1,002,561 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 323,620,840 Salaries of Instructional Personnel (Sec. 5) $ 39,144,140 Salaries of Student Supportive Personnel (Sec. 20(a)) $ 13,833,960 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 40,968,400 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 917,770 Instructional Media (Sec. 13) $ 11,681,616 Instructional Equipment (Sec. 14) $ 430,170 Maintenance and Operation (Sec. 15) $ 56,461,144 Sick and Personal Leave (Sec. 16) $ 2,920,404 Travel Regular (Sec. 17) $ 522,690 Travel Special (Sec. 17) $ 76,140 Pupil Transportation Regular (Sec. 25) $ 32,539,695 Pupil Transportation Special (Sec. 25) $ 2,043,165 Isolated Schools $ 98,300 Selective Pre-School Development $ 5,821,236 Non-APEG Grants: Education of Children of Low-Income Families $ 60,641,423 Driver Education $ 350,000 Teacher Retirement $ 40,553,847 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 $ 14,550 Tuition for the Multi-handicapped $ 622,000 Severely Emotionally Disturbed $ 5,352,773 Compensatory Education $ 10,246,747 High School Program $ 13,566,684 High School Construction $ 520,000 Vocational Teacher Training $ 598,429 Vocational Education Research and Curriculum $ 625,716 Adult Education $ 2,298,942 Area Vocational Technical Schools $ 28,182,590 Junior College Vocational Program $ 477,693 Quick Start Program $ 1,600,000 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 $ 2,092,979 Talking Book Centers $ 160,000 Public Library Maintenance and Operation $ 849,072 School Lunch $ 87,035,521 Supplementary Education Centers and Services $ 2,752,440 Staff Development $ 540,000 Supervision and Assessment of Students $ 145,000 Cooperative Educational Service Agencies $ 2,192,000 Superintendents' Salaries $ 3,149,807 Research and Development Utilization $ 207,369 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 $ 694,293 Authority Lease Rentals $ 333,204 Total Positions Budgeted 779 B. Budget Unit: Institutions $ 9,100,413 1. Georgia Academy for the Blind Budget: Personal Services $ 1,388,066 Regular Operating Expenses $ 298,445 Travel $ 3,526 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,890 Equipment Purchases $ 32,162 Per Diem and Fees $ 5,700 Computer Charges $ -0- Other Contractual Expense $ 2,000 Capital Outlay $ -0- Total Funds Budgeted $ 1,732,789 State Funds Budgeted $ 1,502,104 Total Positions Budgeted 158 2. Georgia School for the Deaf Budget: Personal Services $ 2,673,786 Regular Operating Expenses $ 564,929 Travel $ 4,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 76,855 Per Diem and Fees $ 500 Computer Charges $ -0- Other Contractual Expense $ -0- Capital Outlay $ 10,450 Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 3,354,420 State Funds Budgeted $ 2,936,444 Total Positions Budgeted 284 3. Atlanta Area School for the Deaf Budget: Personal Services $ 941,802 Regular Operating Expenses $ 226,761 Travel $ 3,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 26,551 Per Diem and Fees $ 2,000 Computer Charges $ -0- Other Contractual Expense $ 59,025 Capital Outlay $ -0- Total Funds Budgeted $ 1,260,239 State Funds Budgeted $ 1,136,461 Total Positions Budgeted 80 4. Alto Education and Evaluation Center Budget: Personal Services $ 797,672 Regular Operating Expenses $ 191,066 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ 32,652 Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 1,027,090 State Funds Budgeted $ 690,374 Total Positions Budgeted 54 5. North Georgia Vocational-Technical School Budget: Personal Services $ 1,448,805 Regular Operating Expenses $ 529,215 Travel $ 17,632 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,275 Equipment Purchases $ 62,000 Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Authority Lease Rentals $ 54,750 Total Funds Budgeted $ 2,117,677 State Funds Budgeted $ 1,483,704 Total Positions Budgeted 102 6. South Georgia Vocational-Technical School Budget: Personal Services $ 1,196,914 Regular Operating Expenses $ 386,902 Travel $ 13,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,360 Equipment Purchases $ 174,000 Per Diem and Fees $ 3,360 Computer Charges $ -0- Other Contractual Expense $ -0- Capital Outlay $ 25,000 Authority Lease Rentals $ 49,315 Total Funds Budgeted $ 1,852,051 State Funds Budgeted $ 1,351,326 Total Positions Budgeted 96 Budget Unit Object Classes: Personal Services $ 8,447,045 Regular Operating Expenses $ 2,197,318 Travel $ 46,958 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,225 Equipment Purchases $ 404,220 Per Diem and Fees $ 11,560 Computer Charges $ -0- Other Contractual Expense $ 61,025 Capital Outlay $ 35,450 Authority Lease Rentals $ 127,465 Total Positions Budgeted 774 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 skill 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 minibuses 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 (CESA) 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. Provided, however, the Department is authorized and directed to utilize $738,967 presently held back by the Georgia Building Authority (Schools) in the Revenue Funds account for grants for capital outlay purposes to the following school systems in the amounts thereby indicated: Cook County $ 37,559 Glynn County $ 53,905 Cochran City $ 8,531 Calhoun County $ 79,660 Clarke County $ 98,394 Harris County $ 103,596 Lanier County $ 133,424 Muscogee County $ 49,953 Americus City $ 69,643 Buford City $ 59,470 Thomasville City $ 44,832

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Section 18. Employees' Retirement System. Budget Unit: Employees' Retirement System $ -0- 1. Employees' Retirement System Budget: Personal Services $ 425,386 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 $ 968,683 State Funds Budgeted $ -0- Total Positions Budgeted 32 Budget Unit Object Classes: Personal Services $ 425,386 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. Forest Research Council. Budget Unit: Forest Research Council $ 592,236 Forest Research Council Budget: Personal Services $ 102,285 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 $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Contractual Research $ 510,900 Total Funds Budgeted $ 675,685 State Funds Budgeted $ 592,236 Total Positions Budgeted 7 Budget Unit Object Classes: Personal Services $ 102,285 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 $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Contractual Research $ 510,900 Total Positions Budgeted 7

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Section 20. Forestry Commission. Budget Unit: Forestry Commission $ 9,630,707 1. Reforestation Budget: Personal Services $ 425,756 Regular Operating Expenses $ 281,985 Travel $ 1,847 Motor Vehicle Equipment Purchases $ 50,032 Publications and Printing $ 746 Equipment Purchases $ 4,675 Per Diem and Fees $ 43,730 Computer Charges $ 10,556 Other Contractual Expense $ -0- Total Funds Budgeted $ 819,327 State Funds Budgeted $ 265,321 Total Positions Budgeted 30 2. Field Services Budget: Personal Services $ 9,280,442 Regular Operating Expenses $ 2,062,154 Travel $ 64,688 Motor Vehicle Equipment Purchases $ 501,523 Publications and Printing $ 14,742 Equipment Purchases $ 98,000 Per Diem and Fees $ 8,500 Computer Charges $ 23,253 Other Contractual Expense $ 45,000 Ware County Grant $ 60,000 Total Funds Budgeted $ 12,158,302 State Funds Budgeted $ 8,880,474 Total Positions Budgeted 808 3. General Administration and Support Budget: Personal Services $ 367,519 Regular Operating Expenses $ 74,621 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 $ 544,377 State Funds Budgeted $ 484,912 Total Positions Budgeted 22 Budget Unit Object Classes: Personal Services $ 10,073,717 Regular Operating Expenses $ 2,418,760 Travel $ 77,442 Motor Vehicle Equipment Purchases $ 565,955 Publications and Printing $ 28,188 Equipment Purchases $ 105,775 Per Diem and Fees $ 55,301 Computer Charges $ 91,868 Other Contractual Expense $ 45,000 Ware County Grant $ 60,000 Total Positions Budgeted 860

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Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 7,745,858 1. General Administration Budget: Personal Services $ 396,388 Regular Operating Expenses $ 72,733 Travel $ 5,535 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,100 Equipment Purchases $ 2,255 Per Diem and Fees $ 2,000 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 480,011 State Funds Budgeted $ 452,949 Total Positions Budgeted 28 2. Investigative Division Budget: Personal Services $ 2,946,500 Regular Operating Expenses $ 472,972 Travel $ 272,939 Motor Vehicle Equipment Purchases $ 214,500 Publications and Printing $ 22,000 Equipment Purchases $ 57,700 Per Diem and Fees $ 6,000 Computer Charges $ 7,043 Other Contractual Expense $ -0- Evidence Purchased $ 152,406 Total Funds Budgeted $ 4,152,060 State Funds Budgeted $ 3,598,103 Total Positions Budgeted 169 3. Crime Laboratory Budget: Personal Services $ 1,227,723 Regular Operating Expenses $ 428,191 Travel $ 14,400 Motor Vehicle Equipment Purchases $ 8,500 Publications and Printing $ 4,900 Equipment Purchases $ 116,291 Per Diem and Fees $ 1,000 Computer Charges $ 130,922 Other Contractual Expense $ -0- Total Funds Budgeted $ 1,931,927 State Funds Budgeted $ 1,579,936 Total Positions Budgeted 78 4. Georgia Crime Information Center Budget: Personal Services $ 1,301,922 Regular Operating Expenses $ 348,477 Travel $ 9,735 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 89,683 Equipment Purchases $ 12,954 Per Diem and Fees $ 5,300 Computer Charges $ 903,000 Other Contractual Expense $ 2,800 Total Funds Budgeted $ 2,673,871 State Funds Budgeted $ 2,114,870 Total Positions Budgeted 102 Budget Unit Object Classes: Personal Services $ 5,872,533 Regular Operating Expenses $ 1,322,373 Travel $ 302,609 Motor Vehicle Equipment Purchases $ 223,000 Publications and Printing $ 117,683 Equipment Purchases $ 189,200 Per Diem and Fees $ 14,300 Computer Charges $ 1,040,965 Other Contractual Expense $ 2,800 Evidence Purchased $ 152,406 Total Positions Budgeted 377

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Section 22. Georgia Franchise Practices Commission. Budget Unit: Georgia Franchise Practices Commission $ 43,705 Georgia Franchise Practices Commission Budget: Personal Services $ 27,255 Regular Operating Expenses $ 10,950 Travel $ 500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ -0- Per Diem and Fees $ 4,000 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 43,705 State Funds Budgeted $ 43,705 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 27,255 Regular Operating Expenses $ 10,950 Travel $ 500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ -0- Per Diem and Fees $ 4,000 Computer Charges $ -0- Other Contractual Expense $ -0- Total Positions Budgeted 2

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Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ 100,000 Departmental Operations Budget: Personal Services $ 746,458 Regular Operating Expenses $ 149,000 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,500 Equipment Purchases $ 15,800 Per Diem and Fees $ 201,000 Computer Charges $ 6,000 Other Contractual Expense $ 110,000 Fund for Construction Planning $ 100,000 Total Funds Budgeted $ 1,358,258 State Funds Budgeted $ 100,000 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 $ 15,500 Equipment Purchases $ 15,800 Per Diem and Fees $ 201,000 Computer Charges $ 6,000 Other Contractual Expense $ 110,000 Fund for Construction Planning $ 100,000 Total Positions Budgeted 42 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 Area 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

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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, and approximately $672,000 is for the purpose of purchasing the U. S. Army Armory property at Augusta College. Provided that of the above appropriation to the Georgia State Financing and Investment Commission, up to $34,000 is designated and committed to prepare plans for an instructional building for the Georgia Academy for the Blind. Provided that of the above appropriation to the Georgia State Financing and Investment Commission, up to $36,000 is designated and committed to prepare plans for a middle school dormitory and clinic building for the Georgia School for the Deaf. Provided that of the above appropriation to the Georgia State Financing and Investment Commission, up to $30,000 is designated and committed to prepare plans for a central services building for the Atlanta Area School for the Deaf. Section 24. Office of the Governor. A. Budget Unit: Governor's Office $ 3,275,064 1. Governor's Office Budget: Cost of Operations $ 964,551 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,258,500 Gubernatorial Transition Allowance $ -0- Total Funds Budgeted $ 3,263,051 State Funds Budgeted $ 3,196,450 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. 2. Intern Program Budget: Personal Services $ 47,064 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 $ 78,614 State Funds Budgeted $ 78,614 Total Positions Budgeted 3 Budget Unit Object Classes: Cost of Operations $ 964,551 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,258,500 Gubernatorial Transition Allowance $ -0- Personal Services $ 47,064 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 Positions Budgeted 3 B. Budget Unit: Office of Planning and Budget $ 2,835,723 1. General Administration and Support Budget: Personal Services $ 320,207 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 $ 87,500 Computer Charges $ 1,000 Other Contractual Expense $ 500 Payments to Regional Commissions $ 181,200 Total Funds Budgeted $ 628,907 State Funds Budgeted $ 615,907 Total Positions Budgeted 18 2. Council of the Arts Budget: Personal Services $ 53,933 Regular Operating Expenses $ 12,000 Travel $ 2,500 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 $ 611,871 Total Funds Budgeted $ 688,854 State Funds Budgeted $ 246,983 Total Positions Budgeted 3 3. Budget Division Budget: Personal Services $ 393,045 Regular Operating Expenses $ 21,100 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 3,693 Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ 20,000 Total Funds Budgeted $ 459,838 State Funds Budgeted $ 291,838 Total Positions Budgeted 16 4. Intergovernmental Relations Budget: Personal Services $ 363,488 Regular Operating Expenses $ 24,000 Travel $ 23,254 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 $ 415,742 State Funds Budgeted $ 360,742 Total Positions Budgeted 19 5. Management Review Budget: Personal Services $ 302,961 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 $ 318,461 State Funds Budgeted $ 276,095 Total Positions Budgeted 15 6. Policy Planning Budget: Personal Services $ 566,406 Regular Operating Expenses $ 32,000 Travel $ 40,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 6,550 Per Diem and Fees $ 272,400 Computer Charges $ 28,000 Other Contractual Expense $ -0- Total Funds Budgeted $ 967,356 State Funds Budgeted $ 400,177 Total Positions Budgeted 30 7. Office of Consumer Affairs: Personal Services $ 648,226 Regular Operating Expenses $ 183,556 Travel $ 16,805 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,899 Equipment Purchases $ 945 Per Diem and Fees $ 9,151 Computer Charges $ 23,015 Other Contractual Expense $ -0- Total Funds Budgeted $ 900,597 Indirect DOAS Services Funding $ 85,650 State Funds Budgeted $ 464,692 Total Positions Budgeted 50 8. State Energy Office Budget: Personal Services $ 152,895 Regular Operating Expenses $ 24,000 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ -0- Per Diem and Fees $ 10,000 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 208,895 State Funds Budgeted $ 135,596 Total Positions Budgeted 12 9. Georgia Post-Secondary Education Commission Budget: Personal Services $ 76,393 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 $ 93,893 State Funds Budgeted $ 43,693 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 2,877,554 Regular Operating Expenses $ 345,656 Travel $ 118,059 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 71,399 Equipment Purchases $ 15,238 Per Diem and Fees $ 388,551 Computer Charges $ 52,515 Other Contractual Expense $ 20,500 Art Grants $ 611,871 Payments to Regional Commissions $ 181,200 Total Positions Budgeted 167

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Section 25. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities $ 6,800,000 1. Grants to Counties $ 2,600,000 Total Funds Budgeted $ 2,600,000 State Funds Budgeted $ 2,600,000 2. Grants to Municipalities $ 4,200,000 Total Funds Budgeted $ 4,200,000 State Funds Budgeted $ 4,200,000 Budget Unit Object Classes: Grants to Counties $ 2,600,000 Grants to Municipalities $ 4,200,000 Provided, that the above sums shall be distributed and disbursed to the various counties and municipalites 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 $ 127,135,382 1. General Administration and Support Budget: Personal Services $ 8,441,506 Regular Operating Expenses $ 1,388,933 Travel $ 243,864 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 45,625 Equipment Purchases $ 30,338 Per Diem and Fees $ 58,000 Computer Charges $ 1,329,714 Other Contractual Expense $ 395,531 Total Funds Budgeted $ 11,933,511 Indirect DOAS Services Funding $ 1,407,194 Agency Funds $ 5,432,885 State Funds Budgeted $ 5,093,432 Total Positions Budgeted 644 2. Special Programs: Personal Services $ 354,747 Regular Operating Expenses $ 54,130 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $ -0- Per Diem and Fees $ 11,000 Computer Charges $ 10,000 Other Contractual Expense $ 21,515 Total Funds Budgeted $ 459,892 Indirect DOAS Services Funding $ 5,766 Agency Funds $ 246,619 State Funds Budgeted $ 207,507 Total Positions Budgeted 21 3. Physical Health - Program Direction and Support Budget: Personal Services $ 1,328,858 Regular Operating Expenses $ 220,377 Travel $ 30,076 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,298 Equipment Purchases $ 19,299 Per Diem and Fees $ 8,900 Computer Charges $ -0- Other Contractual Expense $ 36,000 Total Funds Budgeted $ 1,668,808 Indirect DOAS Services Funding $ 90,500 Agency Funds $ 156,800 State Funds Budgeted $ 1,421,508 Total Positions Budgeted 98 4. Physical Health - Family Health Budget: Personal Services $ 2,864,378 Regular Operating Expenses $ 926,700 Travel $ 94,655 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 46,500 Equipment Purchases $ 10,467 Per Diem and Fees $ 389,373 Computer Charges $ 110,000 Other Contractual Expense $ 4,077,446 Regional Grants for Prental and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,034,626 Kidney Disease Benefits $ 474,100 Cancer Control Benefits $ 646,850 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 $ 25,000 Family Planning Benefits $ 748,305 Total Funds Budgeted $ 13,873,400 Indirect DOAS Services Funding $ 130,360 Agency Funds $ 7,876,573 State Funds Budgeted $ 5,866,467 Total Positions Budgeted 216 5. Physical Health - Community Health Budget: Personal Services $ 5,243,241 Regular Operating Expenses $ 1,060,940 Travel $ 212,950 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 49,500 Equipment Purchases $ 41,325 Per Diem and Fees $ 78,546 Computer Charges $ 18,540 Other Contractual Expense $ 274,000 Facilities Construction Grants $ 3,500,000 Total Funds Budgeted $ 10,479,042 Indirect DOAS Services Funding $ 17,650 Agency Funds $ 5,504,842 State Funds Budgeted $ 4,956,550 Total Positions Budgeted 374 6. Physical Health Local Services Budget: Personal Services $ 6,724,383 Regular Operating Expenses $ 667,741 Travel $ 465,155 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 41,965 Per Diem and Fees $ 495,958 Computer Charges $ -0- Other Contractual Expense $ 917,796 Family Planning Benefits $ 171,575 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 2,961,000 Grant for DeKalb County Mental Retardation Project $ 106,646 Grant for Chatham County Mental Retardation Project $ 102,464 Grant-In-Aid to Counties $ 10,157,115 Total Funds Budgeted $ 22,815,798 Indirect DOAS Services Funding $ 53,200 Agency Funds $ 6,133,117 State Funds Budgeted $ 16,629,481 Total Positions Budgeted 508 7. Mental Health Program Direction and Support Budget: Personal Services $ 1,030,806 Regular Operating Expenses $ 82,800 Travel $ 85,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ -0- Per Diem and Fees $ 10,000 Computer Charges $ 400,220 Other Contractual Expense $ 414,500 Total Funds Budgeted $ 2,031,326 Indirect DOAS Services Funding $ 122,370 Agency Funds $ 472,130 State Funds Budgeted $ 1,436,826 Total Positions Budgeted 57 8. Drug and Alcohol Services Budget: Personal Services $ 1,691,240 Regular Operating Expenses $ 255,087 Travel $ 45,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 200 Per Diem and Fees $ 106,670 Computer Charges $ 85,250 Other Contractual Expense $ 2,440,403 Total Funds Budgeted $ 4,629,850 Indirect DOAS Services Funding $ 105,250 Agency Funds $ 3,541,610 State Funds Budgeted $ 982,990 Total Positions Budgeted 132 9. Mental Health Local Services Budget: Personal Services $ 326,562 Regular Operating Expenses $ 8,582 Travel $ 19,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 420 Equipment Purchases $ 13,800 Per Diem and Fees $ 100 Computer Charges $ -0- Other Contractual Expense $ 156,765 Benefits for Family Living Care $ 1,137,325 Community Residential Services Program $ 52,065 Contracts with Day Care Centers for the Mentally Retarded $ 25,897,960 Grants for Alcoholism Community Treatment Programs $ 2,419,526 Grants for Drug Abuse Community Treatment Programs $ 515,374 Grants for Child Mental Health $ 1,044,405 Grants for Adult Mental Health $ 3,971,843 Foster Grandparent Program $ 65,000 Group Homes for the Mentally Retarded $ 1,706,846 Total Funds Budgeted $ 37,335,873 Agency Funds $ 16,701,863 State Funds Budgeted $ 20,634,010 Total Positions Budgeted 67 10. Community Social Services and Administration: Personal Services $ 2,547,706 Regular Operating Expenses $ 336,068 Travel $ 173,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 6,000 Per Diem and Fees $ 12,000 Computer Charges $ -0- Other Contractual Expense $ 127,000 Total Funds Budgeted $ 3,212,474 Indirect DOAS Services Funding $ 55,865 Agency Funds $ 2,033,617 State Funds Budgeted $ 1,122,992 Total Positions Budgeted 183 11. Title XX Administration: Personal Services $ 1,409,113 Regular Operating Expenses $ 255,907 Travel $ 117,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 42,000 Equipment Purchases $ 17,750 Per Diem and Fees $ 30,500 Computer Charges $ 495,000 Other Contractual Expense $ 22,354,520 Total Funds Budgeted $ 24,722,090 Agency Funds $ 22,990,384 Indirect DOAS Services Funding $ 490,693 State Funds Budgeted $ 1,241,013 Total Positions Budgeted 127 12. Purchase of Social Services: Personal Services $ -0- Regular Operating Expenses $ 785,655 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- W.I.N. Benefits $ 1,100,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 6,768,942 Total Funds Budgeted $ 8,784,597 Agency Funds $ 5,321,000 State Funds Budgeted $ 3,463,597 Total Positions Budgeted 0 13. Community Youth Services: Personal Services $ 3,534,923 Regular Operating Expenses $ 492,000 Travel $ 226,000 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- Benefits for Child Care $ 10,000 Total Funds Budgeted $ 4,275,423 Indirect DOAS Services Funding $ 82,640 Agency Funds $ 1,906,440 State Funds Budgeted $ 2,286,343 Total Positions Budgeted 342 14. Services to the Aged Budget: Personal Services $ 370,974 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 $ 4,885,379 Indirect DOAS Services Funding $ 11,240 Agency Funds $ 4,427,849 State Funds Budgeted $ 446,290 Total Positions Budgeted 24 15. Vocational Rehabilitation-Program Direction and Support Budget: Personal Services $ 585,562 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 $ 1,136,557 Indirect DOAS Services Funding $ 150,000 Agency Funds $ 795,995 State Funds Budgeted $ 190,562 Total Positions Budgeted 35 16. Vocational Rehabilitation-Facilities Budget: Personal Services $ 8,286,849 Regular Operating Expenses $ 4,187,000 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 $ 449,000 Capital Outlay $ 20,000 Total Funds Budgeted $ 13,336,849 Indirect DOAS Services Funding $ 82,650 Agency Funds $ 11,916,100 State Funds Budgeted $ 1,338,099 Total Positions Budgeted 702 17. Vocational Rehabilitation-Services Budget: Personal Services $ 9,294,748 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 $ 24,524,498 Indirect DOAS Services Funding $ 234,450 Agency Funds $ 19,177,129 State Funds Budgeted $ 5,112,919 Total Positions Budgeted 737 18. Vocational Rehabilitation-Disability Adjudication Budget: Personal Services $ 3,508,176 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 $ 7,357,176 Agency Funds $ 7,357,176 State Funds Budgeted $ -0- Total Positions Budgeted 279 19. 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 $ 850,000 AFDC Benefits $ 119,636,782 Total Funds Budgeted $ 120,486,782 Agency Funds $ 88,352,723 State Funds Budgeted $ 32,134,059 Total Positions Budgeted 0 20. Local Services-Community Services and Benefits Payments Budget: Personal Services $ -0- Regular Operating Expenses $ -0- Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Local Services Benefits Payments Grants $ 28,720,922 Grants to Counties for Social Services $ 24,162,583 Total Funds Budgeted $ 52,883,505 Agency Funds $ 32,354,720 State Funds Budgeted $ 20,528,785 Total Positions Budgeted 0 21. Benefits Payments-Program Administration and Support Budget: Personal Services $ 2,667,561 Regular Operating Expenses $ 772,944 Travel $ 174,280 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 13,970 Per Diem and Fees $ 9,000 Computer Charges $ 500,000 Other Contractual Expense $ 794,150 Total Funds Budgeted $ 4,931,905 Agency Funds $ 2,539,953 Indirect DOAS Services Funding $ 350,000 State Funds Budgeted $ 2,041,952 Total Positions Budgeted 196 Budget Unit Object Classes: Personal Services $ 60,211,333 Regular Operating Expenses $ 29,918,914 Travel $ 2,514,280 Motor Vehicle Equipment Purchases $ 33,000 Publications and Printing $ 267,343 Equipment Purchases $ 389,114 Per Diem and Fees $ 1,583,047 Computer Charges $ 3,158,724 Other Contractual Expense $ 32,503,621 Capital Outlay $ 20,000 Grants for Regional Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,034,626 Kidney Disease Benefits $ 474,100 Cancer Control Benefits $ 646,850 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 $ 3,500,000 Grants for DeKalb County Mental Retardation Project $ 106,646 Grants for Chatham County Mental etardation Project $ 102,464 Grant-In-Aid to Counties $ 10,157,115 Benefits for Family Living Care $ 1,137,325 Community Residential Services Program $ 52,065 Contracts with Day Care Centers for the Mentally Retarded $ 25,897,960 Grants for Alcoholism Community Treatment Programs $ 2,419,526 Grants for Child Mental Health $ 1,044,405 Grants for Adult Mental Health $ 3,971,843 Foster Grandparent Program $ 65,000 Group Homes for the Mentally Retarded $ 1,706,846 Work Incentive Benefits $ 1,100,000 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 $ 850,000 AFDC Benefits $ 119,636,782 Local Services Benefits Payments Grants $ 28,720,922 Grants for Drug Abuse Community Treatment Programs $ 515,374 Grants to Counties for Social Services $ 24,162,583 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Total Positions Budgeted 4,742

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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, $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% 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 Health - Local Services Budget not less than $100,000 is committed for continuation of the Community Cardiovascular Council Stroke-Screening Program. Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screening as authorized by House Resolution 67.

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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 programs 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 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 further the Department is hereby authorized and directed to use at least $875,000 of the State funds appropriated for Contracts with Day Care Centers for the Mentally Retarded for the purpose of purchasing mini-buses and other types of buses deemed necessary. Provided further that the Department of Human Resources is hereby authorized and directed to establish uniform criteria for determination of type, need for and replacement of mini-buses. The Department is further authorized and directed to arrange for the purchase of mini-buses through the Department of Administrative Services. There is hereby appropriated $31,284,059 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

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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. Provided, that of the above appropriation, $62,000 in State funds is designated and committed to contract with local district attorneys for Child Support Recovery Services.

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Provided, that of the above appropriation relative to Capital Outlay, $20,000 is designated and committed to plan a sheltered workshop to serve the Gwinnett-Rockdale Counties area. B. Budget Unit: Medicaid Services $ 115,749,976 Medicaid Services Budget: Personal Services $ 2,082,154 Regular Operating Expenses $ 922,305 Travel $ 21,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing 35,000 Equipment Purchases $ 85,385 Per Diem and Fees $ 42,000 Computer Charges $ 5,063,785 Other Contractual Expense $ 1,035,440 Medicaid Benefits $ 295,987,897 Medicaid Benefits Payables $ 42,463,127 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 $ 1,375,000 Total Funds Budgeted $ 351,280,093 Indirect DOAS Services Funding $ 1,178,612 Agency Funds $ 234,351,505 State Funds Budgeted $ 115,749,976 Total Positions Budgeted 223 Budget Unit Object Classes: Personal Services $ 2,082,154 Regular Operating Expenses $ 922,305 Travel $ 21,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 35,000 Equipment Purchases $ 85,385 Per Diem and Fees $ 42,000 Computer Charges $ 5,063,785 Other Contractual Expense $ 1,035,440 Medicaid Benefits $ 295,987,897 Medicaid Benefits Payables $ 42,463,127 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 $ 1,375,000 Total Positions Budgeted 223 C. Budget Unit: Mental Health and Youth Development Institutions $ 130,543,845 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 5,025,544 Regular Operating Expenses $ 894,112 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 $ 6,578,816 Indirect DOAS Services Funding $ 70,000 State Funds Budgeted $ 6,036,635 Total Positions Budgeted 497 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 6,146,674 Regular Operating Expenses $ 1,185,713 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 Capital Outlay $ 99,475 Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 8,148,236 Indirect DOAS Services Funding $ 82,000 State Funds Budgeted $ 7,457,799 Total Positions Budgeted 612 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 4,945,026 Regular Operating Expenses $ 749,018 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 $ 6,361,394 Indirect DOAS Services Funding $ 69,000 State Funds Budgeted $ 5,811,512 Total Positions Budgeted 524 4. West Central Georgia Regional Hospital Budget: Personal Services $ 4,734,080 Regular Operating Expenses $ 880,728 Travel $ 9,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,075 Equipment Purchases $ 8,500 Per Diem and Fees $ 15,000 Computer Charges $ 65,000 Other Contractual Expense $ -0- Authority Lease Rentals $ 646,500 Total Funds Budgeted $ 6,359,983 Indirect DOAS Services Funding $ 65,000 State Funds Budgeted $ 6,116,483 Total Positions Budgeted 502 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 6,460,088 Regular Operating Expenses $ 1,404,164 Travel $ 14,550 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 $ 13,350 Authority Lease Rentals $ 853,500 Total Funds Budgeted $ 8,884,152 Indirect DOAS Services Funding $ 75,000 State Funds Budgeted $ 8,067,929 Total Positions Budgeted 636 6. Gracewood State School and Hospital Budget: Personal Services $ 15,287,585 Regular Operating Expenses $ 2,848,351 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 $ 1,295,355 Authority Lease Rentals $ 117,000 Total Funds Budgeted $ 19,856,064 Indirect DOAS Services Funding $ 171,000 State Funds Budgeted $ 10,090,643 Total Positions Budgeted 1,618 7. Southwestern State Hospital Budget: Personal Services $ 8,021,976 Regular Operating Expenses $ 1,519,683 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 $ 20,400 Capital Outlay $ 73,000 Total Funds Budgeted $ 9,816,514 Indirect DOAS Services Funding $ 70,000 State Funds Budgeted $ 8,844,430 Total Positions Budgeted 819 8. Georgia Retardation Center Budget: Personal Services $ 10,173,046 Regular Operating Expenses $ 2,854,090 Travel $ 17,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 18,900 Per Diem and Fees $ 41,000 Computer Charges $ 102,100 Other Contractual Expense $ 34,000 Capital Outlay $ 11,200 Authority Lease Rentals $ 794,000 Total Funds Budgeted $ 14,048,336 Indirect DOAS Services Funding $ 102,100 State Funds Budgeted $ 9,328,497 Total Positions Budgeted 1,031 9. Georgia Mental Health Institute Budget: Personal Services $ 7,545,907 Regular Operating Expenses $ 1,685,086 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 $ 10,233,615 Indirect DOAS Services Funding $ 160,810 State Funds Budgeted $ 9,611,805 Total Positions Budgeted 679 10. Central State Hospital Budget: Personal Services $ 44,492,035 Regular Operating Expenses $ 9,036,949 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 $ 2,083,751 Authority Lease Rentals $ 1,284,000 Outpatient and Aftercare Drug Purchases $ 750,000 Total Funds Budgeted $ 58,274,251 Indirect DOAS Services Funding $ 660,000 State Funds Budgeted $ 47,640,215 Total Positions Budgeted 4,863 11. State Youth Development Centers Budget: Personal Services $ 6,200,330 Regular Operating Expenses $ 1,463,560 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 $ 7,749,525 State Funds Budgeted $ 7,619,137 Total Positions Budgeted 619 12. Regional Youth Development Centers Budget: Personal Services $ 2,355,659 Regular Operating Expenses $ 649,357 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 $ 154,702 Reserve for Operation of Clayton RYDC $ 60,000 Grants to County-Owned Detention Centers $ 346,500 Total Funds Budgeted $ 3,647,573 State Funds Budgeted $ 3,621,535 Total Positions Budgeted 295 13. Regular Operating Expenses Reserve Budget: Regular Operating Expenses Reserve $ 297,225 Total Funds Budgeted $ 297,225 State Funds Budgeted $ 297,225 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 121,387,950 Regular Operating Expenses $ 25,170,811 Travel $ 168,075 Motor Vehicle Equipment Purchases $ 91,455 Publications and Printing $ 16,128 Equipment Purchases $ 224,385 Per Diem and Fees $ 615,465 Computer Charges $ 1,032,910 Other Contractual Expense $ 818,947 Capital Outlay $ 3,730,833 Regular Operating Expenses Reserve $ 297,225 Grants to County-Owned Detention Centers $ 346,500 Authority Lease Rentals $ 5,545,000 Outpatient and Aftercare Drug Purchases $ 750,000 Reserve for Operation of Clayton RYDC $ 60,000 Total Positions Budgeted 12,695

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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).

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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. Provided, that from the above appropriation relating to Capital Outlay, $134,702 is designated and committed to supplement existing funding for construction and equipping of Regional Youth Development Centers, and $128,051 is designated and committed to supplement existing funding for renovations of the Allen Building at Central State Hospital. Provided, that from the above appropriation relating to Capital Outlay, $20,000 is designated and committed for the planning of a new Southwestern Regional Hospital at Thomasville, Georgia. Provided, that the Department is hereby authorized and directed to redirect up to $723,545 from funds available to the Georgia Building Authority for renovations and construction at institutions of the Department of Human Resources. Provided, that from the above appropriation relating to Capital Outlay, $20,000 is designated and committed for the planning of a Regional Youth Development Center at Fitzgerald, Georgia.

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Section 27. Department of Labor. A. Budget Unit: Inspection Division $ 480,118 Inspection Division Budget: Personal Services $ 392,618 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 $ 480,118 State Funds Budgeted $ 480,118 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 392,618 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 $ 3,243,164 1. Basic Employment Security and Work Incentive Budget: Personal Services $ 19,082,652 Regular Operating Expenses $ 4,365,379 Travel $ 575,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,000 Equipment Purchases $ 48,300 Per Diem and Fees $ 47,000 Computer Charges $ -0- W.I.N. Grants $ 998,000 Capital Outlay $ 100,000 Other Contractual Expense $ 3,195,908 Total Funds Budgeted $ 28,428,239 State Funds Budgeted $ 1,168,863 Total Positions Budgeted 1,372 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 4,149,565 Regular Operating Expenses $ 2,176,584 Travel $ 300,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 30,000 Per Diem and Fees $ 35,000 Computer Charges $ -0- Other Contractual Expense (CETA) $ 2,000,000 CETA Direct Benefits $ 33,000,000 Total Funds Budgeted $ 41,706,149 State Funds Budgeted $ -0- Total Positions Budgeted 356 3. Correctional Services Budget: Personal Services $ 748,251 Regular Operating Expenses $ 32,500 Travel $ 20,550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Per Diem and Fees $ 3,000 Computer Charges $ -0- Other Contractual Expense $ 20,000 Total Funds Budgeted $ 824,301 State Funds Budgeted $ 824,301 Total Positions Budgeted 53 4. Unemployment Compensation Reserve Fund Budget: Unemployment Compensation Reserve Fund $ 1,250,000 Total Funds Budgeted $ 1,250,000 State Funds Budgeted $ 1,250,000 Budget Unit Object Classes: Personal Services $ 23,980,468 Regular Operating Expenses $ 6,574,463 Travel $ 895,550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,000 Equipment Purchases $ 78,300 Per Diem and Fees $ 85,000 Computer Charges $ -0- Other Contractual Expense (CETA) $ 2,000,000 Other Contractual Expense $ 3,215,908 W.I.N. Grants $ 998,000 Capital Outlay $ 100,000 Unemployment Compensation Reserve Fund $ 1,250,000 CETA Direct Benefits $ 33,000,000 Total Positions Budgeted 1,781

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Section 28. Department of Law. Budget Unit: Department of Law $ 2,288,649 Attorney General's Office Budget: Personal Services $ 2,021,149 Regular Operating Expenses $ 196,723 Travel $ 64,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 37,827 Equipment Purchases $ 6,800 Per Diem and Fees $ 15,000 Computer Charges $ 250 Books for State Library $ 32,000 Other Contractual Expense $ -0- Total Funds Budgeted $ 2,373,849 State Funds Budgeted $ 2,288,649 Total Positions Budgeted 98 Budget Unit Object Classes: Personal Services $ 2,021,149 Regular Operating Expenses $ 196,723 Travel $ 64,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 37,827 Equipment Purchases 6,800 Per Diem and Fees $ 15,000 Computer Charges $ 250 Other Contractual Expense $ -0- Books for State Library $ 32,000 Total Positions Budgeted 98

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For the cost of operating the Department of Law provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law.

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Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments $ 2,482,329 1. Applicant Services Budget: Personal Services $ 439,342 Regular Operating Expenses $ 44,050 Travel $ 2,975 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,075 Equipment Purchases $ -0- Per Diem and Fees $ 25,000 Computer Charges $ 136,000 Other Contractual Expense $ -0- Total Funds Budgeted $ 673,442 Agency Assessments $ 673,442 Total Positions Budgeted 35 2. Classification and Compensation Budget: Personal Services $ 323,815 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 $ 425,765 Agency Assessments $ 425,765 Total Positions Budgeted 21 3. Employee Services Budget: Personal Services $ 229,121 Regular Operating Expenses $ 10,415 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 $ 291,836 Agency Assessments $ 290,013 Total Positions Budgeted 19 4. Employee Training and Development Budget: Personal Services $ 235,438 Regular Operating Expenses $ 18,053 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,505 Equipment Purchases $ 1,200 Per Diem and Fees $ 69,901 Computer Charges $ 250 Other Contractual Expense $ -0- Total Funds Budgeted $ 337,847 Agency Assessments $ 242,655 Total Positions Budgeted 16 5. Health Insurance Administration Budget: Personal Services $ 205,445 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 $ 910,000 Health Insurance Claim Payments $ 25,700,000 Total Funds Budgeted $ 26,883,672 Employee and Employer Contributions $ 21,000,000 Total Positions Budgeted 17 6. Internal Administration Budget: Personal Services $ 228,806 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 $ 941,280 Agency Assessments $ 643,903 Total Positions Budgeted 19 7. Director Office Budget: Personal Services $ 222,876 Regular Operating Expenses $ 12,100 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,600 Equipment Purchases $ 500 Per Diem and Fees $ 13,500 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 259,576 Agency Assessments $ 206,551 Total Positions Budgeted 15 Budget Unit Object Classes: Personal Services $ 1,884,843 Regular Operating Expenses $ 125,004 Travel $ 33,540 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 64,780 Equipment Purchases $ 3,060 Per Diem and Fees $ 136,301 Computer Charges $ 703,135 Other Contractual Expense $ 910,000 Federal Sub-grants to State and Local Agencies $ 252,755 Health Insurance Claim Payments $ 25,700,000 Total Positions Budgeted 142

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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 $ 28,164,811 1. Internal Administration Budget: Personal Services $ 1,170,325 Regular Operating Expenses $ 304,500 Travel $ 20,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 125,000 Equipment Purchases $ 8,000 Per Diem and Fees $ 33,300 Computer Charges $ 131,000 Other Contractual Expense $ 1,500 Total Funds Budgeted $ 1,794,325 State Funds Budgeted $ 1,792,325 Total Positions Budgeted 83 2. Information and Education Budget: Personal Services $ 449,779 Regular Operating Expenses $ 137,553 Travel $ 13,500 Motor Vehicle Equipment Purchases $ 16,200 Publications and Printing $ 292,232 Equipment Purchases $ 23,000 Per Diem and Fees $ 6,000 Computer Charges $ 600 Other Contractual Expense $ -0- Total Funds Budgeted $ 938,864 State Funds Budgeted $ 818,361 Total Positions Budgeted 35 3. Planning and Research Budget: Personal Services $ 1,028,576 Regular Operating Expenses $ 122,923 Travel $ 50,300 Motor Vehicle Equipment Purchases $ 7,100 Publications and Printing $ 52,000 Equipment Purchases $ 625 Per Diem and Fees $ 65,179 Computer Charges $ 41,000 Other Contractual Expense $ 62,710 Land and Water Conservation Grants $ 3,700,000 Recreation Grants $ 102,000 Capital OutlayHeritage Trust $ 328,734 Total Funds Budgeted $ 5,561,147 State Funds Budgeted $ 1,083,766 Total Positions Budgeted 59 4. Game and Fish Budget: Personal Services $ 6,159,113 Regular Operating Expenses $ 2,087,159 Travel $ 98,400 Motor Vehicle Equipment Purchases $ 357,920 Publications and Printing $ 31,550 Equipment Purchases $ 452,250 Per Diem and Fees $ 13,300 Computer Charges $ 24,325 Other Contractual Expense $ 48,020 Maintenance for the South End of Sapelo Island $ 75,000 Capital OutlayHatchery Renovation $ 94,000 Capital OutlayRepairs and Maintenance $ 9,800 Total Funds Budgeted $ 9,450,837 State Funds Budgeted $ 7,466,255 Total Positions Budgeted 458 5. State Parks and Historic Sites Operations Budget: Personal Services $ 4,083,666 Regular Operating Expenses $ 2,280,700 Travel $ 72,500 Motor Vehicle Equipment Purchases $ 97,464 Publications and Printing $ 46,250 Equipment Purchases $ 176,000 Per Diem and Fees $ 30,550 Computer Charges $ 3,000 Other Contractual Expense $ 5,000 Capital Outlay $ 303,708 Capital OutlayRepairs and Maintenance $ 976,000 Capital OutlayShop Stock $ 150,000 Cost of Material for Resale $ 525,000 Authority Lease Rentals $ 2,526,000 Total Funds Budgeted $ 11,275,838 State Funds Budgeted $ 8,420,166 Total Positions Budgeted 337 6. Geologic and Water Resources Research Budget: Personal Services $ 523,792 Regular Operating Expenses $ 79,430 Travel $ 32,000 Motor Vehicle Equipment Purchases $ 4,200 Publications and Printing $ 26,000 Equipment Purchases $ 2,400 Per Diem and Fees $ 7,500 Computer Charges $ -0- Other Contractual Expense $ 30,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 125,000 Topographic Mapping United States Geological Survey $ 545,000 Total Funds Budgeted $ 1,375,322 State Funds Budgeted $ 1,075,322 Total Positions Budgeted 33 7. Environmental Protection Budget: Personal Services $ 4,474,677 Regular Operating Expenses $ 304,650 Travel $ 190,250 Motor Vehicle Equipment Purchases $ 5,700 Publications and Printing $ 42,000 Equipment Purchases $ 36,150 Per Diem and Fees $ 7,000 Computer Charges $ 140,300 Other Contractual Expense $ 355,216 Solid Waste Grants $ 2,000,000 Water and Sewer Grants $ 1,073,000 Total Funds Budgeted $ 8,628,943 State Funds Budgeted $ 6,848,443 Total Positions Budgeted 270 8. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations $ 519,888 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 62,500 Total Funds Budgeted $ 582,388 State Funds Budgeted $ 582,388 Total Positions Budgeted 0 9. Jekyll Island Authority Budget: Payments to Jekyll Island Authority for Operations $ 77,785 Total Funds Budgeted $ 77,785 State Funds Budgeted $ 77,785 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 17,889,928 Regular Operating Expenses $ 5,316,915 Travel $ 477,650 Motor Vehicle Equipment Purchases $ 488,584 Publications and Printing $ 615,032 Equipment Purchases $ 698,425 Per Diem and Fees $ 162,829 Computer Charges $ 340,225 Other Contractual Expense $ 502,446 Land and Water Conservation Grants $ 3,700,000 Recreation Grants $ 102,000 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 $ 519,888 Capital OutlayHatchery Renovation $ 94,000 Capital Outlay $ 303,708 Capital OutlayRepairs and Maintenance $ 985,800 Capital OutlayShop Stock $ 150,000 Capital OutlayHeritage Trust $ 328,734 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 Payments to Jekyll Island Authority for Operations $ 77,785 Total Positions Budgeted 1,275

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Provided, that no land shall be purchased for State park purposes from funds appropriated under this section or from any other funds without the approval of the State Properties Control Commission, 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 make 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

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funds to provide $125,000 for a pavilion at the Sloppy Floyd Recreation Center. Provided, that of the above appropriation relative to Recreation Grants, $2,000 is designated and committed to the Crawford W. Long Museum in Jefferson, Georgia. Section 31. Department of Offender Rehabilitation. A. Budget Unit: Department of Corrections $ 3,114,663 General Administration and Support Budget: Personal Services $ 2,277,099 Regular Operating Expenses $ 466,179 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 $ 159,335 Other Contractual Expense $ 60,000 Mentally Retarded Offender Program $ 1,000 Total Funds Budgeted $ 3,114,663 State Funds Budgeted $ 3,114,663 Total Positions Budgeted 171 Budget Unit Object Classes: Personal Services $ 2,277,099 Regular Operating Expenses $ 466,179 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 $ 159,335 Other Contractual Expense $ 60,000 Mentally Retarded Offender Program $ 1,000 Capital Outlay $ -0- Total Positions Budgeted 171 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 $ 36,691,009 1. Georgia Training and Development Center Budget: Personal Services $ 738,735 Regular Operating Expenses $ 167,728 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 125 Equipment Purchases $ 12,750 Per Diem and Fees $ 22,000 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 943,338 State Funds Budgeted $ 943,338 Total Positions Budgeted 64 2. Georgia Industrial Institute Budget: Personal Services $ 2,454,798 Regular Operating Expenses $ 732,708 Travel $ 6,222 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ 30,940 Per Diem and Fees $ 6,420 Computer Charges $ -0- Other Contractual Expense $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 3,231,788 State Funds Budgeted $ 3,231,788 Total Positions Budgeted 213 3. Georgia Diagnostic and Classification Center Budget: Personal Services $ 2,842,059 Regular Operating Expenses $ 680,709 Travel $ 4,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 36,530 Per Diem and Fees $ 45,941 Computer Charges $ -0- Other Contractual Expense $ -0- Capital Outlay $ -0- Authority Lease Rentals $ -0- Total Funds Budgeted $ 3,610,739 State Funds Budgeted $ 3,610,739 Total Positions Budgeted 269 4. Georgia State Prison Budget: Personal Services $ 4,954,939 Regular Operating Expenses $ 1,761,908 Travel $ 9,389 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 18,036 Per Diem and Fees $ 20,800 Computer Charges $ -0- Other Contractual Expense $ -0- Capital Outlay $ 37,000 Total Funds Budgeted $ 6,803,072 State Funds Budgeted $ 6,782,714 Total Positions Budgeted 474 5. Consolidated Branches Budget: Personal Services $ 3,468,713 Regular Operating Expenses $ 952,478 Travel $ 16,573 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,400 Equipment Purchases $ 35,093 Per Diem and Fees $ 77,840 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 4,553,097 State Funds Budgeted $ 4,155,754 Total Positions Budgeted 323 6. Montgomery Correctional Institution Budget: Personal Services $ 644,715 Regular Operating Expenses $ 196,811 Travel $ 2,500 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 $ 870,714 State Funds Budgeted $ 844,713 Total Positions Budgeted 57 7. Walker Correctional Institution Budget: Personal Services $ 618,421 Regular Operating Expenses $ 195,143 Travel $ 2,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 10,020 Per Diem and Fees $ 6,600 Computer Charges $ -0- Other Contractual Expense $ -0- Authority Lease Rentals $ -0- Total Funds Budgeted $ 832,984 State Funds Budgeted $ 832,984 Total Positions Budgeted 57 8. Georgia Women's Correctional Institution Budget: Personal Services $ 980,464 Regular Operating Expenses $ 281,306 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 $ 1,266,570 State Funds Budgeted $ 1,249,324 Total Positions Budgeted 97 9. West Georgia Community Correctional Institution Budget: Personal Services $ 1,145,983 Regular Operating Expenses $ 266,307 Travel $ 3,000 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 $ 1,430,790 State Funds Budgeted $ 1,430,790 Total Positions Budgeted 136 10. Youthful Offender Institution Budget: Personal Services $ 1,865,738 Regular Operating Expenses $ 297,015 Travel $ 3,800 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 Utilities $ 86,000 Total Funds Budgeted $ 2,268,353 State Funds Budgeted $ 2,268,353 Total Positions Budgeted 213 11. Talmadge Memorial Hospital Unit Budget: Personal Services $ 182,998 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 Expense $ -0- Total Funds Budgeted $ 192,663 State Funds Budgeted $ 192,663 Total Positions Budgeted 20 12. Food Processing and Distribution Unit Budget: Personal Services $ 785,455 Regular Operating Expenses $ 1,590,987 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 68,000 Publications and Printing $ -0- Equipment Purchases $ 305,675 Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Payments to Central State Hospital for Meals $ 606,506 Payments to Central State Hospital for Utilities $ 6,000 Total Funds Budgeted $ 3,367,623 State Funds Budgeted $ 3,242,721 Total Positions Budgeted 84 13. Institutional Support Budget: Personal Services $ 138,476 Overtime $ 30,000 Regular Operating Expenses $ 333,965 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 $ 25,000 Authority Lease Rentals $ 840,000 Court Costs $ 200,000 County Subsidy $ 2,793,000 Inmate Release Fund $ 400,000 Payments to Talmadge Memorial Hospital $ 80,000 Capital Outlay $ 240,000 Outside Health Service Purchases $ 230,100 Total Funds Budgeted $ 5,765,495 State Funds Budgeted $ 5,605,495 Total Positions Budgeted 10 14. Farm Operations Budget: Personal Services $ 238,953 Regular Operating Expenses $ 1,405,551 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 99,529 Per Diem and Fees $ 3,600 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 1,747,633 State Funds Budgeted $ 1,694,633 Total Positions Budgeted 21 15. Macon Community Correctional Center Budget: Personal Services $ 9,000 Regular Operating Expenses $ 41,000 Travel $ 1,000 Motor Vehicle Equipment Purchases $ 65,000 Publications and Printing $ -0- Equipment Purchases $ 489,000 Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 605,000 State Funds Budgeted $ 605,000 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 21,069,447 Regular Operating Expenses $ 8,911,781 Travel $ 72,888 Motor Vehicle Equipment Purchases $ 512,750 Publications and Printing $ 8,225 Equipment Purchases $ 1,130,761 Per Diem and Fees $ 210,401 Computer Charges $ -0- Other Contractual Expense $ 25,000 Authority Lease Rentals $ 840,000 Capital Outlay $ 277,000 Court Costs $ 200,000 Inmate Release Fund $ 400,000 County Subsidy $ 2,793,000 Payments to Central State Hospital for Meals $ 606,506 Payments to Central State Hospital for Utilities $ 92,000 Outside Health Service Purchases $ 230,100 Payments to Talmadge Memorial Hospital $ 80,000 Overtime $ 30.000 Total Positions Budgeted 2,041 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 the Department is hereby authorized and directed to redirect up to $590,000 from funds available to the Georgia Building Authority (Penal) to construct and equip a meat plant 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. Provided, that the Department is hereby authorized and directed to redirect up to $400,000 from funds available to the Georgia Building Authority (Penal) to renovate the canning plant at Georgia State Prison. Provided, that of the above appropriation relative to Capital Outlay, $200,000 is designated and committed to provide for the planning of a new Atlanta Facility, provided further, that of the above appropriation relative to Capital Outlay, $40,000 is designated and committed to provide for the site adaption of prototype housing at the Lee Correctional Institution. C. Budget Unit: Department of Offender Rehabilitation $ 7,167,981 1. Probation and Parole Field Supervision Budget: Personal Services $ 298,000 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 $ 325,734 State Funds Budgeted $ 325,734 Total Positions Budgeted 15 2. Probation/Parole Field Operations Budget: Personal Services $ 4,195,347 Regular Operating Expenses $ 331,206 Travel $ 219,875 Motor Vehicle Equipment Purchases $ 20,009 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 $ 4,792,268 State Funds Budgeted $ 4,792,268 Total Positions Budgeted 384 3. Community Centers Administration Budget: Personal Services $ 151,342 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 $ 184,542 State Funds Budgeted $ 184,542 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 $ 149,032 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 $ 346,135 State Funds Budgeted $ 107,219 Total Positions Budgeted 17 8. Restitution Shelters Budget: Personal Services $ 354,442 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 $ 521,032 State Funds Budgeted $ 370,442 Total Positions Budgeted 34 Budget Unit Object Classes: Personal Services $ 5,912,359 Regular Operating Expenses $ 1,278,209 Travel $ 249,509 Motor Vehicle Equipment Purchases $ 40,509 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 $ 1,742,802 Board of Pardons and Paroles Budget: Personal Services $ 1,529,708 Regular Operating Expenses $ 110,294 Travel $ 87,000 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 $ 1,742,802 State Funds Budgeted $ 1,742,802 Total Positions Budgeted 122 Budget Unit Object Classes: Personal Services $ 1,529,708 Regular Operating Expenses $ 110,294 Travel $ 87,000 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

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Section 32. Department of Public Safety. Budget Unit: Department of Public Safety $ 24,880,376 1. Office of Highway Safety Budget: Personal Services $ 267,364 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 $ 331,864 State Funds Budgeted $ -0- Total Positions Budgeted 16 2. Commissioner's Office Budget: Personal Services $ 307,195 Regular Operating Expenses $ 37,468 Travel $ 4,158 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,822 Equipment Purchases $ 1,770 Per Diem and Fees $ 750 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 370,163 State Funds Budgeted $ 370,163 Total Positions Budgeted 17 3. Staff Services Budget: Personal Services $ 794,184 Regular Operating Expenses $ 920,602 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 $ 22,312 Other Contractual Expense $ -0- Total Funds Budgeted $ 1,796,248 State Funds Budgeted $ 1,796,248 Total Positions Budgeted 59 4. Georgia State Patrol Budget: Personal Services $ 16,981,761 Regular Operating Expenses $ 2,403,534 Travel $ 108,020 Motor Vehicle Equipment Purchases $ 825,713 Publications and Printing $ 731,281 Equipment Purchases $ 239,465 Per Diem and Fees $ 16,842 Computer Charges $ 1,399,848 Other Contractual Expense $ -0- Capital Outlay $ 11,735 Conviction Reports $ 164,000 Total Funds Budgeted $ 22,882,199 Indirect DOAS Services Funding $ 600,000 State Funds Budgeted $ 21,865,257 Total Positions Budgeted 1,178 5. Mandate Training - Operations Budget: Personal Services $ 339,374 Regular Operating Expenses $ 371,055 Travel $ 15,062 Motor Vehicle Equipment Purchases $ 4,750 Publications and Printing $ 11,683 Equipment Purchases $ 4,091 Per Diem and Fees $ 32,946 Computer Charges $ -0- Other Contractual Expense $ 7,264 Total Funds Budgeted $ 786,225 State Funds Budgeted $ 246,003 Total Positions Budgeted 23 6. Police Academy: Personal Services $ 303,207 Regular Operating Expenses $ 99,923 Travel $ 31,002 Motor Vehicle Equipment Purchases $ 16,200 Publications and Printing $ 6,980 Equipment Purchases $ 17,790 Per Diem and Fees $ 9,000 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 484,102 State Funds Budgeted $ 399,602 Total Positions Budgeted 17 7. Fire Academy: Personal Services $ 163,682 Regular Operating Expenses $ 33,060 Travel $ 16,607 Motor Vehicle Equipment Purchases $ 10,600 Publications and Printing $ 2,200 Equipment Purchases $ 4,600 Per Diem and Fees $ 55,170 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 285,919 State Funds Budgeted $ 203,103 Total Positions Budgeted 10 Budget Unit Object Classes: Personal Services $ 19,156,767 Regular Operating Expenses $ 3,895,942 Travel $ 192,349 Motor Vehicle Equipment Purchases $ 857,263 Publications and Printing $ 830,366 Equipment Purchases $ 270,716 Per Diem and Fees $ 127,158 Computer Charges $ 1,423,160 Other Contractual Expense $ 7,264 Capital Outlay $ 11,735 Conviction Reports $ 164,000 Total Positions Budgeted 1,320

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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

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Section 34. Public Service Commission. Budget Unit: Public Service Commission $ 2,242,791 1. Administration Budget: Personal Services $ 536,974 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 $ 42,000 Total Funds Budgeted $ 623,579 State Funds Budgeted $ 623,579 Total Positions Budgeted 27 2. Transportation Budget: Personal Services $ 573,057 Regular Operating Expenses $ 113,040 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 $ 723,597 State Funds Budgeted $ 723,597 Total Positions Budgeted 42 3. Utilities Budget: Personal Services $ 736,763 Regular Operating Expenses $ 67,052 Travel $ 60,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,300 Equipment Purchases $ 2,500 Per Diem and Fees $ 90,000 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 960,615 State Funds Budgeted $ 895,615 Total Positions Budgeted 53 Budget Unit Object Classes: Personal Services $ 1,846,794 Regular Operating Expenses $ 211,947 Travel $ 94,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,550 Equipment Purchases $ 4,500 Per Diem and Fees $ 95,500 Computer Charges $ -0- Other Contractual Expense $ 42,000 Total Positions Budgeted 122

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Section 35. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 273,399,794 1. Resident Instruction Budget: Personal Services $ 252,610,337 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 84,232,202 Teachers' Retirement $ 20,073,523 Capital Outlay $ 70,000 Authority Lease Rentals $ 22,596,000 Total Funds Budgeted $ 379,582,062 Indirect DOAS Services Funding $ 3,500,000 State Funds Budgeted $ 239,021,915 Total Positions Budgeted 15,864 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 of the above appropriation relating to Capital Outlay, $70,000 is designated and committed for an Irrigation System at the Extension-Research Center in Attapulgus, Georgia. 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 22 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 33 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 $ 2,177,000 Total Funds Budgeted $ 9,076,140 State Funds Budgeted $ 2,343,441 Total Positions Budgeted 184 5. Engineering Extension Division Budget: Personal Services $ 596,785 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 284,892 Total Funds Budgeted $ 881,677 State Funds Budgeted $ 243,038 Total Positions Budgeted 46 6. Agricultural Experiment Stations Budget: Personal Services $ 10,271,976 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 4,983,338 Total Funds Budgeted $ 15,255,314 State Funds Budgeted $ 9,663,593 Total Positions Budgeted 824 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 955 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 2,082 9. Veterinary Medicine Experiment Station Budget: Personal Services $ 365,500 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 160,500 Total Funds Budgeted $ 526,000 State Funds Budgeted $ 526,000 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 306,207,023 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 102,485,948 Teachers' Retirement $ 20,073,523 Capital Outlay $ 70,000 Authority Lease Rentals $ 22,596,000 Total Positions Budgeted 20,038 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

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Section 36. Department of Revenue. Budget Unit: Department of Revenue $ 19,184,497 1. Executive Administration Budget: Personal Services $ 660,803 County Tax Officials/Retirement and FICA $ 450,000 Regular Operating Expenses $ 350,400 Travel $ 7,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 158,200 Equipment Purchases $ 9,450 Per Diem and Fees $ 18,000 Computer Charges $ 10,000 Other Contractual Expense $ -0- Total Funds Budgeted $ 1,664,253 Indirect DOAS Services Funding $ 10,000 State Funds Budgeted $ 1,654,253 Total Positions Budgeted 39 2. Internal Administration Budget: Personal Services $ 2,563,177 Regular Operating Expenses $ 984,324 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 196,544 Equipment Purchases $ 20,000 Per Diem and Fees $ -0- Computer Charges $ 1,719,200 Other Contractual Expense $ -0- Motor Vehicle Tag Purchases $ 390,000 Motor Vehicle Decal Purchases $ 283,000 Total Funds Budgeted $ 6,157,245 Indirect DOAS Services Funding $ 1,719,200 State Funds Budgeted $ 4,438,045 Total Positions Budgeted 256 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. 3. Property Tax Budget: Personal Services $ 765,996 Regular Operating Expenses $ 29,931 Travel $ 50,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 77,400 Equipment Purchases $ 2,573 Per Diem and Fees $ 46,000 Computer Charges $ 600,000 Other Contractual Expense $ -0- Loans to Counties/Property Reevaluation $ 171,596 Grants to Counties/Appraisal Staff $ 1,450,000 Intangible Tax Equalization Fund $ -0- Total Funds Budgeted $ 3,193,996 Repayment of loans to Counties/Property Revaluation $ 171,596 Indirect DOAS Services Funding $ 600,000 State Funds Budgeted $ 2,422,400 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 $ 805,978 Regular Operating Expenses $ 80,980 Travel $ 2,320 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 81,200 Equipment Purchases $ 3,500 Per Diem and Fees $ -0- Computer Charges $ 413,000 Other Contractual Expense $ -0- Total Funds Budgeted $ 1,386,978 Indirect DOAS Services Funding $ 413,000 State Funds Budgeted $ 973,978 Total Positions Budgeted 76 5. Motor Fuel Taxation Budget: Personal Services $ 401,766 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 $ 558,766 Indirect DOAS Services Funding $ 101,000 State Funds Budgeted $ 457,766 Total Positions Budgeted 35 6. Income Taxation Budget: Personal Services $ 1,389,506 Regular Operating Expenses $ 219,150 Travel $ 2,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 237,450 Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ 1,260,000 Other Contractual Expense $ -0- Total Funds Budgeted $ 3,108,506 Indirect DOAS Services Funding $ 1,260,000 State Funds Budgeted $ 1,848,506 Total Positions Budgeted 115 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,711,214 Regular Operating Expenses $ 189,537 Travel $ 34,953 Motor Vehicle Equipment Purchases $ 82,800 Publications and Printing $ 18,000 Equipment Purchases $ 2,710 Per Diem and Fees $ 5,000 Computer Charges $ 92,000 Other Contractual Expense $ -0- Total Funds Budgeted $ 2,136,214 Indirect DOAS Services Funding $ 92,000 State Funds Budgeted $ 2,039,714 Total Positions Budgeted 114 8. Motor Vehicle Registration Budget: Personal Services $ 132,525 Regular Operating Expenses $ 24,432 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 172,957 State Funds Budgeted $ 172,957 Total Positions Budgeted $ 8 9. Central Audit Budget: Personal Services $ 1,366,192 Regular Operating Expenses $ 21,958 Travel $ 297,177 Motor Vehicle Equipment Purchases $ 4,200 Publications and Printing $ 1,200 Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ 3,000 Other Contractual Expense $ -0- Total Funds Budgeted $ 1,693,727 Indirect DOAS Services Funding $ 3,000 State Funds Budgeted $ 1,690,727 Total Positions Budgeted 78 10. Field Audit Services Budget: Personal Services $ 3,073,401 Regular Operating Expenses $ 195,350 Travel $ 196,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,400 Equipment Purchases $ 9,000 Per Diem and Fees $ 3,000 Computer Charges $ 8,800 Other Contractual Expense $ -0- Total Funds Budgeted $ 3,494,951 Indirect DOAS Services Funding $ 8,800 State Funds Budgeted $ 3,486,151 Total Positions Budgeted 245 Budget Unit Object Classes: Personal Services $ 12,870,558 County Tax Officials/Retirement and FICA $ 450,000 Regular Operating Expenses $ 2,105,312 Travel $ 597,500 Motor Vehicle Equipment Purchases $ 87,000 Publications and Printing $ 836,394 Equipment Purchases $ 47,233 Per Diem and Fees $ 72,000 Computer Charges $ 4,207,000 Other Contractual Expense $ -0- Loans to Counties/Property Reevaluation $ 171,596 Grants to Counties/Appraisal Staff $ 1,450,000 Motor Vehicle Tag Purchases $ 390,000 Motor Vehicle Decal Purchases $ 283,000 Intangible Tax Equalization Fund $ -0- Total Positions Budgeted 1,024

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Section 37. Secretary of State. Budget Unit: Secretary of State $ 6,453,865 1. Occupational Certification Budget: Personal Services $ 1,321,567 Regular Operating Expenses $ 425,668 Travel $ 107,004 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,968 Equipment Purchases $ 11,300 Per Diem and Fees $ 190,000 Computer Charges $ 14,000 Other Contractual Expense $ -0- Total Funds Budgeted $ 2,094,507 State Funds Budgeted $ 2,094,507 Total Positions Budgeted 120 2. Securities Regulation Budget: Personal Services $ 230,821 Regular Operating Expenses $ 13,812 Travel $ 15,620 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 2,827 Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 265,580 State Funds Budgeted $ 247,503 Total Positions Budgeted 15 3. Corporations Regulation Budget: Personal Services $ 239,084 Regular Operating Expenses $ 59,052 Travel $ 5,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,900 Equipment Purchases $ 10,072 Per Diem and Fees $ -0- Computer Charges $ -0- Other Contractual Expense $ 23,000 Total Funds Budgeted $ 343,808 State Funds Budgeted $ 343,808 Total Positions Budgeted 26 4. Pharmacy Regulation Budget: Personal Services $ 232,903 Regular Operating Expenses $ 10,753 Travel $ 40,000 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 $ 284,056 State Funds Budgeted $ 284,056 Total Positions Budgeted 13 5. Archives and Records Budget: Personal Services $ 1,131,080 Regular Operating Expenses $ 158,900 Travel $ 17,253 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,707 Equipment Purchases $ 50,318 Per Diem and Fees $ 2,223 Computer Charges $ -0- Other Contractual Expense $ 14,000 Authority Lease Rentals $ 815,000 Total Funds Budgeted $ 2,206,481 State Funds Budgeted $ 2,165,553 Total Positions Budgeted 93 6. General Services Budget: Personal Services $ 432,156 Regular Operating Expenses $ 69,186 Travel $ 8,216 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 40,000 Equipment Purchases $ 3,310 Per Diem and Fees $ 2,500 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 555,368 State Funds Budgeted $ 555,368 Total Positions Budgeted 33 7. Internal Administration Budget: Personal Services $ 428,236 Regular Operating Expenses $ 62,877 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 $ 560,989 State Funds Budgeted $ 560,989 Total Positions Budgeted 28 8. Bicentennial Commission Budget: Personal Services $ 69,552 Regular Operating Expenses $ 37,345 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 $ 114,897 State Funds Budgeted $ 111,897 Total Positions Budgeted 8 9. State Ethics Commission: Personal Services $ 49,657 Regular Operating Expenses $ 18,577 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 450 Per Diem and Fees $ 6,500 Computer Charges $ -0- Other Contractual Expense $ -0- Total Funds Budgeted $ 90,184 State Funds Budgeted $ 90,184 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 4,135,056 Regular Operating Expenses $ 856,170 Travel $ 212,793 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 165,251 Equipment Purchases $ 79,377 Per Diem and Fees $ 201,223 Computer Charges $ 14,000 Other Contractual Expense $ 37,000 Authority Lease Rentals $ 815,000 Total Positions Budgeted 339

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Provided, that of the above appropriation relating to the Secretary of State, $23,000 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. Section 38. State Scholarship Commission. Budget Unit: State Scholarship Commission $ 9,248,281 1. Internal Administration Activity Budget: Personal Services $ 657,877 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 $ 1,189,181 State Funds Budgeted $ 387,081 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 $ 5,500,000 State Student Incentive Scholarships $ 1,919,700 Total Funds Budgeted $ 9,354,700 State Funds Budgeted $ 8,604,700 Total Positions Budgeted 0 4. Law Enforcement Personnel Dependents Scholarship Program Budget: Law Enforcement Personnel Dependents Scholarships $ 36,000 Total Funds Budgeted $ 36,000 State Funds Budgeted $ 36,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 657,877 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 $ 5,500,000 State Student Incentive Scholarships $ 1,919,700 Law Enforcement Personnel Dependents Scholarships $ 36,000 Total Positions Budgeted 51

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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.

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Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $36,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law. Provided, that from the above appropriation $5,500,000 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.

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Section 39. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 366,212 Soil and Water Conservation Central Office Budget: Personal Services $ 174,852 Regular Operating Expenses $ 33,803 Travel $ 28,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,170 Equipment Purchases $ 3,487 Per Diem and Fees $ 96,500 Computer Charges $ -0- Other Contractual Expense $ 17,000 Total Funds Budgeted $ 366,212 State Funds Budgeted $ 366,212 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 174,852 Regular Operating Expenses $ 33,803 Travel $ 28,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,170 Equipment Purchases $ 3,487 Per Diem and Fees $ 96,500 Computer Charges $ -0- Other Contractual Expense $ 17,000 Total Positions Budgeted 11 Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 890,000 Departmental Operations Budget: Personal Services $ 788,035 Regular Operating Expenses $ 94,959 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,000 Equipment Purchases $ 17,947 Per Diem and Fees $ 67,000 Computer Charges $ 363,840 Other Contractual Expense $ -0- Floor Fund for Local Retirement Systems $ 890,000 Total Funds Budgeted $ 2,249,281 State Funds Budgeted $ 890,000 Total Positions Budgeted 55 Budget Unit Object Classes: Personal Services $ 788,035 Regular Operating Expenses $ 94,959 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,000 Equipment Purchases $ 17,947 Per Diem and Fees $ 67,000 Computer Charges $ 363,840 Other Contractual Expense $ -0- Floor Fund for Local Retirement Systems $ 890,000 Total Positions Budgeted 55

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Section 41. Department of Transportation. Budget Unit: Department of Transportation $274,786,303.06 1. Planning and Construction Budget: Personal Services $ 51,881,449.00 Regular Operating Expenses $ 4,177,627.00 Travel $ 1,295,053.00 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 245,100.00 Equipment Purchases 67,750.00 Per Diem and Fees $ 2,931,000.00 Computer Charges $ -0- Other Contractual Expense $ 277,000.00 Capital Outlay $ 243,847,127.06 State of Georgia General Obligation Debt Sinking Fund $ -0- Total Funds Budgeted $ 304,722,106.06 State Funds Budgeted $ 110,653,428.06 Total Positions Budgeted 3,600 2. Maintenance and Betterments Budget: Personal Services $ 32,689,006 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 $ 47,023,936 State of Georgia General Obligation Debt Sinking Fund $ 500,000 Total Funds Budgeted $ 102,557,904 State Funds Budgeted $ 99,826,204 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 $ 5,477,938 Regular Operating Expenses $ 2,720,236 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 $ -0- Total Funds Budgeted $ 10,219,537 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 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 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 make 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 Geodetic Control $ 250,000 Harry S. Truman Parkway $ 330,000 Maintenance and Betterments General Obligation Bond Debt Service for Resurfacing $ 500,000 Paving, Curbing and Guttering, and Other Related Expenses $ 75,000 Capital Outlay Resurfacing $ 30,000,000 This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article VII, Section IX, Paragraph IV of the State Constitution. 7. 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. 8. Air Transportation Budget: Personal Services $ 321,047 Regular Operating Expenses $ 297,390 Travel $ 11,500 Motor Vehicle Equipment Purchases $ 1,200 Publications and Printing $ 200 Equipment Purchases $ 5,000 Per Diem and Fees $ 500 Computer Charges $ -0- Capital Outlay $ 14,800 Other Contractual Expense $ -0- Total Funds Budgeted $ 651,637 State Funds Budgeted $ 426,637 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services $ 239,610 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 $ 254,750 Computer Charges $ -0- Other Contractual Expense $ 30,950 Capital Outlay $ 135,651 Mass Transit Grants $ 175,000 Total Funds Budgeted $ 863,011 State Funds Budgeted $ 770,543 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 $ 90,609,050.00 Regular Operating Expenses $ 28,430,170.00 Travel $ 1,623,513.00 Motor Vehicle Equipment Purchases $ 2,301,200.00 Publications and Printing $ 559,210.00 Equipment Purchases $ 810,161.00 Per Diem and Fees $ 3,415,750.00 Computer Charges $ 1,389,863.00 Other Contractual Expense $ 1,215,675.00 Capital Outlay $ 291,405,514.06 Mass Transit Grants $ 175,000.00 Grants to Municipalities $ 9,317,000.00 Harbor Maintenance Payments $ 250,000.00 Grants to Counties $ 9,317,013.00 Authority Lease Rentals $ 27,343,961.00 State of Georgia General Obligation Debt Sinking Fund $ 4,280,762.00 Total Positions Budgeted 7,504

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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 5% 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

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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, 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 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 $ 5,893,625 1. Veterans Assistance Budget: Personal Service $ 1,991,132 Regular Operating Expenses $ 146,495 Travel $ 64,625 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ 6,192 Per Diem and Fees $ 8,800 Computer Charges $ 150 Other Contractual Expense $ -0- Grants to Confederate Widows $ 14,542 Total Funds Budgeted $ 2,251,936 State Funds Budgeted $ 1,987,881 Total Positions Budgeted 172 2. Veterans Home and Nursing Facility Milledgeville Budget: Equipment Purchases $ 106,056 Repairs and Maintenance $ 27,000 Operating Expenses/Payments to Central State Hospital $ 4,026,774 Total Funds Budgeted $ 4,159,830 State Funds Budgeted $ 2,834,983 3. Veterans Nursing Home Augusta Budget: Operating Expense/Payments to Medical College of Georgia $ 1,882,397 Other Contractual Expense $ -0- Total Funds Budgeted $ 1,882,397 State Funds Budgeted $ 1,070,761 Budget Unit Object Classes: Personal Services $ 1,991,132 Regular Operating Expenses $ 146,495 Travel $ 64,625 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ 112,248 Per Diem and Fees $ 8,800 Computer Charges $ 150 Other Contractual Expense $ -0- Grants to Confederate Widows $ 14,542 Repairs and Maintenance $ 27,000 Operating Expense/Payments to Central State Hospital $ 4,026,774 Operating Expense/Payments to Medical College of Georgia $ 1,882,397 Total Positions Budgeted 172

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Section 43. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board $ 2,098,129 1. Workmen's Compensation Administration Budget: Personal Services $ 1,528,450 Regular Operating Expenses $ 251,761 Travel $ 20,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,781 Equipment Purchases $ 8,750 Per Diem and Fees $ 70,600 Computer Charges $ 74,094 Other Contractual Expense $ -0- Total Funds Budgeted $ 1,969,136 State Funds Budgeted $ 1,969,136 Total Positions Budgeted 99 2. Vocational Rehabilitation Budget: Personal Services $ 108,873 Regular Operating Expenses $ 4,820 Travel $ 12,700 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 $ 128,993 State Funds Budgeted $ 128,993 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 1,637,323 Regular Operating Expenses $ 256,581 Travel $ 33,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,781 Equipment Purchases $ 8,750 Per Diem and Fees $ 70,600 Computer Charges $ 74,694 Other Contractual Expense $ -0- Total Positions Budgeted 107

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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) $ 15,575,000 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 4,028,900 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, equipping, and acquisition of school buildings and facilities, including vocational education comprehensive high schools, through the issuance of not to

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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.

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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. Section 45. In addition to all other appropriations for Fiscal Year ending June 30, 1977, there is hereby appropriated $150,000 for the purpose of paying communications charges due to the rate increase. Provided further that the Office of Planning and Budget shall not be authorized to transfer funds from this section to departmental budgets without prior approval of the Fiscal Affairs Subcommittees of the House and Senate. Section 46. This Appropriations Act includes the appropriation of $6,000,000 of Public Works Act Title II funds for such items of appropriation in this Act as the Governor shall designate. Section 47. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act. Section 48. 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

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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 49. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds. Section 50. 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 51. In accordance with the requirements of Article IX, 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,

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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 52. 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 and the amended Budget Report submitted to the General Assembly at the 1977 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

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Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 53. 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 General Assembly at the 1976 regular session and the amended Budget Report submitted to the General Assembly at the 1977 regular session. Section 54. 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. Section 55. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of

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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 56. TOTAL APPROPRIATIONS F.Y. 1977 $ 1,918,345,530.06. Section 57. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 58. 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1977. GARNISHMENTSJUDICIAL SUPERVISION AND NOTICE TO DEBTORS PROVIDED, ETC. Code Title 46 Amended. No. 3 (House Bill No. 19). An Act to amend Code Title 46, relating to garnishment, as amended, so as to provide for judicial supervision and for approval of certain affidavits; to provide for certain affidavits, their contents and how and before whom made; to provide for certain determinations regarding the contents of certain affidavits; to provide for the promulgation of certain rules; to provide for notice to judgment defendants, what shall constitute written notice, when notice shall be served, the methods

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whereby such notice may be served, and the certification thereof; to provide that such methods shall be cumulative; to provide for tolling of certain time limits; to provide the distribution of money or other property under certain conditions; to clarify certain provisions relating to time of service of summons of 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. Code Title 46, relating to garnishment, as amended, is hereby amended by striking in its entirety Code section 46-102, which reads as follows: 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 garnishee having jurisdiction over the garnishee, he shall cause a summons of garnishment to issue forthwith., and inserting in lieu thereof a new Code section 46-102, to read as follows: 46-102. Affidavit; necessity and contents; judicial supervision.The plaintiff, the plaintiff's attorney at law or plaintiff's agent shall make, on personal knowledge, an affidavit setting forth that the plaintiff 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. Upon the filing of such affidavit with the clerk of any court having jurisdiction over the garnishee, such clerk shall cause a summons of garnishment to issue forthwith, provided, however, such affidavit shall first be made and be approved as containing the information required by this Section in one of the following ways: Judicial supervision.

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(a) Such affidavit may be made before and approved by a judge of the court in which the garnishment proceeding is filed; or (b) Such affidavit may be made before and approved by a judge of the court that rendered the judgment upon which the garnishment is based; or (c) Such affidavit may be made before and approved by a judge of any court of record; or (d) Such affidavit may be made before any officer authorized to administer oaths, including a notary public, provided that such affidavit is then submitted by mail or in person to any judge of a court specified in subsection (a), (b) or (c) of this Section and is approved by him; or (e) Such affidavit may be made before the clerk of the court in which the garnishment is filed or before any officer authorized to administer oaths, including a notary public, and may be approved by such clerk if the judge or judges of such court promulgate rules supervising the initiation of the garnishment proceedings and the affidavit is made and approved pursuant to such rules. No court rule or practice shall preclude a plaintiff from proceeding pursuant to subsection (a), (b), (c) or (d) of this Section. Section 2. Said Code Title is further amended by adding after Code section 46-104 a new section, to be designated Code section 46-105, to read as follows: 46-105. Notice to judgment defendant.(a) In a garnishment based on a judgment, the defendant shall be given notice of the filing of the first summons of garnishment on an affidavit for garnishment and of the issuance of an additional summons of garnishment on such affidavit when no notice has been given to the defendant within 90 days immediately preceding the issuance of such additional summons, using any one of the following methods: Notice. (1) The plaintiff, at the time the garnishment is filed with the clerk, shall commence procedures to effectuate the service of a

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copy of the summons of garnishment on the defendant, and service thereafter shall be made on the defendant as soon as is reasonably practicable. Service pursuant to this paragraph shall be made pursuant to Section 4 of the Georgia Civil Practice Act (Ga. Code Ann. Sec. 81A-104). (2) The plaintiff, after issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, shall cause a written notice to be sent to the defendant at defendant's last known address by registered or certified mail, return receipt requested. Either the return receipt indicating receipt by the defendant or the envelope bearing the official notification from the United States Postal Service of the defendant's refusal to accept delivery of such registered or certified mail shall be filed with the clerk of the court in which the garnishment is pending. The defendant's refusal to accept such certified or registered mail addressed to defendant shall be deemed notice to defendant. (3) The plaintiff, after the issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, shall cause a written notice to be delivered personally to the defendant by the plaintiff or by plaintiff's attorney at law or other agent. A certification by the person making such delevery shall be filed with the clerk. (4) When the defendant resides out of the State or has departed the State or cannot, after due diligence, be found within the State or conceals his place of residence from the plaintiff, and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, the levy and attachment of the lien of the garnishment shall constitute sufficient notice to the defendant. Provided, such levy and attachment of the lien of garnishment without more shall constitute sufficient notice, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice the plaintiff shall also mail a written notice of garnishment to the defendant at said address, or, not having such actual knowledge of the defendant's address but the address at which the defendant was served being shown on the return of service in the suit resulting in the judgment, to provide sufficient notice the plaintiff shall also mail a written notice of garnishment to the defendant at said address.

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A mailing of the written notice provided herein shall be made after the issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, and a certificate of such mailing shall be filed with the clerk by the person mailing such notice. (5) Where it shall appear by affidavit that a defendant in the garnishment action is not a resident of this State or has departed from this State, or, after due diligence cannot be found in this State or that the defendant conceals his place of residence from the plaintiff, notice may be given by causing two (2) publications of the written notice in the paper in which advertisements are printed by the sheriff in each county in which a summons of garnishment is served. Such publications must be at least six (6) days apart and the second such publication must be made not more than twenty-one (21) days after the service of the summons of garnishment on the garnishee. A certification by the person causing the notice to be published shall be filed with the clerk. Provided, such publication above shall constitute sufficient notice alone, unless the plaintiff has actual knowledge of the defendant's address in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of garnishment to the defendant at said address. A mailing of the written notice provided herein shall be made after the issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, and a certificate of such mailing shall be filed with the clerk by the person mailing such notice. (6) After issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, the plaintiff shall send by ordinary mail a written notice of such garnishment to the defendant at the address at which the defendant was served in the suit resulting in the judgment on which the garnishment proceeding is based, provided, however, this subsection may be used only when the garnishment proceeding is commenced within 60 days after the judgment upon which the garnishment is based was obtained. A certification by the person mailing such notice shall be filed with the clerk.

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(7) Where the defendant's address is known, the plaintiff, after issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, shall send to the defendant at such known address by ordinary mail a written notice of said garnishment. A certification by the person mailing such notice shall be filed with the clerk. (8) The receiving by the defendant of actual timely notice of a summons of garnishment shall constitute notice. (b) `Written notice' as referred to in subsections (2), (3), (4), (5), (6) and (7) of section 46-105(a) shall consist of a copy of the summons of garnishment or of a document which includes the names of the plaintiff and the defendant, the amount claimed in the affidavit of garnishment, a statement that a garnishment against the property and credits of the defendant has been or will be served on the garnishee and the name of the court issuing the summons of garnishment. (c) The methods of notification specified in section 46-105(a) are cumulative and may be used in any sequence or combination. Where it appears that a plaintiff has reasonably, diligently and in good faith attempted to use one method, another method thereafter may be utilized and, for the time during which such attempt was being made, the time limit shall be tolled for such subsequent method. (d) No money or other property delivered to the court by the garnishee shall be distributed nor shall any judgment be rendered against the garnishee until after the expiration of ten days from the date of compliance with at least one method of notification provided by section 46-105(a). Section 3. Said Code Title is further amended by inserting in subsections (a) and (b) of section 46-301, immediately after the words summons of garnishment. wherever such words appear, the following: upon the garnishee, so that when so amended subsections (a) and (b) shall read as follows:

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(a) All debts owed by the garnishee to the defendant at the time of service of summons of garnishment upon the garnishee 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 upon the garnishee 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 upon the garnishee or coming into the possession or control of the garnishee at any time from the date of service of the summons of garnishment upon the garnishee 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. 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. Likewise, if any alternative procedure provided for in this Act is declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other alternatives herein provided. The General Assembly hereby declares that it would have passed the remaining parts of this Act and the remaining alternative procedures if it had known that such part or parts hereof or procedures 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.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed Approved January 27, 1977. BOARD OF ELECTIONS IN CERTAIN COUNTIES CREATED (60,000-65,000). No. 4 (House Bill No. 114). An Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistants and other employees; to provide for compensation for such persons and the members 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. There is hereby created in each county of this State having a population of not less than 60,000 and not more than 65,000, according to the 1970 United States Decennial Census, or any such future census, a board of elections which shall have jurisdiction over the conduct of primaries and elections in such counties, in accordance with the provisions of this Act. Creation. Section 2. The board of elections in such counties shall be composed of five members, each of whom shall be an elector and resident of the county. The initial members of the board shall be appointed by the governing authority of the county within thirty (30) days after the approval of this Act by the Governor or after it otherwise becomes law. Such members shall take office immediately and serve for terms of office expiring January 1, 1979. Members succeeding such initial members and successors thereafter shall be selected in the following manner: Members. (a) One member shall be appointed by the chairman of the

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county executive committee of the political party whose candidates, at the last preceding general election, received the largest number of votes in this State for members of the General Assembly, and one member shall be appointed by the chairman of the county executive committee of the political party whose candidates at such election received the next largest number of such votes; provided, however, each of such appointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a meeting duly called and held for such purposes; provided, further, that in the event the members of said executive committees fail to elect such members at least thirty (30) days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of Section 4 of this Act. (b) Three members shall be appointed by the governing authority of such county. (c) From the five members of the elections board, one member shall be elected by the elections board members to serve as chairman for a one-year term. However, said chairman shall be eligible to succeed himself. Section 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office. Section 4. The appointment or election of each appointed or elected member shall be made by the respective appointing or electing authority filing an affidavit with the clerk of the superior court, no later than thirty (30) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act; provided, however, that with regard to the initial members, such affidavits must be filed no later than thirty (30) days after the date on which such members take office. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such

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appointed or elected member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairman, within the same time and in the same manner as provided by law for registrars. In the event any appointing or electing authority fails (1) to make a regular appointment or election within the times specified in this Section and in Section 2(a), or (2) to make an interim appointment or election to fill a vacancy within ninety days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of such county. Section 5. The members of the board appointed or elected pursuant to subsection (a) of section 2 and succeeding the initial members shall serve for an initial term of office of two years and until their successors are appointed or elected and qualified. The members of the board appointed by the governing authority of such counties pursuant to subsection (b) of section 2 and succeeding the initial members shall serve for initial terms of office of four years. Thereafter, successors to such members succeeding the initial members shall serve for terms of office of four years and until successors are duly appointed and qualified. Each member shall be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing or electing authority to the clerk of the superior court. All members shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Terms. Section 6. In the event a vacancy occurs in the office of any appointed or elected member before the expiration of his term, by removal, death or resignation, or otherwise, the respective appointing or electing authority shall within ninety (90) days following such vacancy appoint or elect a successor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members. Vacancy. Section 7. Each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Oath.

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Section 8. Each board of elections shall: (a) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the probate judge pursuant to Title 34 of the Georgia Code of 1933, as now or hereinafter amended, and particularly by an Act entitled The Georgia Election Code, approved June 24, 1964, as amended, and/or any other provisions of law. Duties. (b) With regard to preparation for and conduct of primaries: (1) succeed to all the duties and powers granted to an incumbent upon the probate judge by Title 34 of the Georgia Code of 1933, as now or hereafter amended, and particularly by an Act entitled The Georgia Election Code, approved June 24, 1964, as amended, and/or any other provision of law, (2) formulate, adopt and promulgate rules and regulations, consistent with law and the rules and regulations of the State Executive Committee of each political party, governing the conduct of primaries, to the end that, insofar as practicable, all primaries shall be uniformly conducted by the county board of elections, poll workers properly trained and voters adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code section 34-902(c), as amended, with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board of elections. Nothing in this Act shall be construed to require or prohibit the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. (c) With regard to registration of electors, succeed to and exercise all of the duties and powers granted to and incumbent on the chief registrar and the county registrars of such counties pursuant to Title 34 of the Georgia Code of 1933, as now or hereafter amended, and particularly by an Act entitled The Georgia Election Code, approved June 24, 1964, as amended, and/or any other provisions of law. Section 9. The board shall be responsible for the selection, appointment and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided

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the board by the county executive committee of each political party. Section 10. With the consent of the governing authority, the board of elections shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets and other material designed to inform and instruct adequately electors of the county with regard to elections. Section 11. Upon the effective date of this Act, the probate judge and the county board of registrars shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, paper, records and facilities of every kind pertaining to such powers and duties. However, the probate judge shall swear in all persons elected to public office as done prior to the effective date of this Act. Section 12. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Chairman. Section 13. Compensation for the chairman and other members of the board of elections, clerical assistants and other employees shall be such as may be fixed by the county governing authority. Such compensation shall be paid from county funds. Compensation. Section 14. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Section 15. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code Section 34-103 of the Code of Georgia of 1933, as

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amended, unless otherwise clearly apparent from the text of this Act. Definitions. Section 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 7, 1977. HUNTING AND FISHING FOR CERTAIN SPECIES PROHIBITED UNTIL A CERTAIN DATE. No. 5 (House Bill No. 431). An Act to make unlawful the hunting of deer, turkey and bear in this State; to make unlawful certain fishing activities in the State; to provide for penalties; to provide for the enforcement of this Act; to provide an effective date; to provide that this Act shall stand repealed on a certain date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful to hunt, trap, capture, take, kill or possess deer, turkey and bear in any manner or to attempt to do so. Violation of the provisions of this section shall constitute a misdemeanor and shall be punishable as such. Hunting. Section 2. It shall be unlawful to fish with any net in any of the fresh water streams of this State except that: Fishing. (a) It shall be lawful to fish for shad with set nets or drift nets until April 15, 1977; provided, however, that the Altamaha River upstream from the Seaboard Coastline Railway Bridge at Altamaha Park in Glynn County and the Ogeechee and Savannah Rivers upstream from the I-95 Bridge shall be closed to the taking of shad on Sundays, Mondays and Tuesdays, and the Altamaha River downstream form the Coastline Railway Bridge

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at Altamaha Park and the Ogeechee and Savannah Rivers downstream from the I-95 Bridge shall be closed to the taking of shad on Saturdays, Sundays and Mondays; provided further, all other shad streams shall be closed on Sundays, Mondays and Tuesdays and that shad fishing is prohibited in the Savannah Back River downstream from New Savannah Cut; and (b) It shall be lawful to fish for sturgeon until April 15, 1977, with a single net or webbing of mesh of not less than six inches on the square. Violation of the provisions of this section shall constitute a misdemeanor and shall be punishable as such. Section 3. The provisions of this Act shall be enforced by the peace officers of this State and by the conservation rangers of the Department of Natural Resources who shall have the full authority of peace officers in enforcing the provisions of this Act. Enforcement. 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. This Act shall stand repealed in its entirety on March 15, 1977. Repeal Date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 9, 1977. TAX RECEIVERS STATISTICS OF THE BLIND. Code Section 35-708 Repealed. No. 6 (House Bill No. 4). An Act to repeal Code section 35-708, relating to the requirement that the tax receiver of each county shall obtain and keep statistics of the blind, as amended, particularly by an Act

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approved February 26, 1937 (Ga. L. 1937, p. 355), and by an Act approved February 8, 1943 (Ga. L. 1943, p. 230); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 35-708, relating to the requirement that the tax receiver of each county shall obtain and keep statistics of the blind, as amended, particularly by an Act approved February 26, 1937 (Ga. L. 1937, p. 355), and by an Act approved February 8, 1943 (Ga. L. 1943, p. 230), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 11, 1977. GEORGIA MUNICIPAL ELECTION CODE AMENDEDNO CANDIDATE MAY CAMPAIGN AT POLLING PLACES. No. 7 (House Bill No. 24). An Act to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, as to provide for no campaign activities within two hundred and fifty feet of a polling place; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34A-1206 is hereby amended by deleting therefrom the following: with the exception of candidates, so that when so amended Code section 34A-1206 shall read as follows: Section 34A-1206. No campaign activities within two hundred

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and fifty feet of polling place. No persons shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind in support of any person, party, body, or proposition on any primary or election day within two hundred and fifty feet (250[UNK]) of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 11, 1977. GEORGIA ELECTION CODE AMENDEDNO CANDIDATE MAY CAMPAIGN AT POLLING PLACES. No. 8 (House Bill No. 26). An Act to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for no campaign activities within two hundred and fifty feet of a polling place; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code section 34-1307 is hereby amended by deleting therefrom the following: with the exception of candidates, so that when so amended Georgia Code section 34-1307 shall read as follows: Section 34-1307. No campaign activities within two hundred and fifty feet of polling place; extension of such distance. No persons shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature,

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newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind in support of any person, party, body, or proposition on any primary or election day within two hundred and fifty feet (250[UNK]) of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 11, 1977. VENUE IN ELECTION CONTESTS WHICH JUDGE SHALL PRESIDE. Code Section 34-1704 Amended. No. 11 (House Bill No. 33). An Act to amend Code section 34-1704, relating to venue in election contests, so as to change the procedure for determining which judge shall preside over an election contest; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1704, relating to venue in election contests, is hereby amended by striking in its entirety subsections (b) and (c) of said Code section and substituting in lieu thereof new subsections (b) and (c) to read as follows: (b) The superior court having jurisdiction of a contest case governed by the provisions of this Chapter shall be presided over by the judge of the superior court in time of service in the judicial circuit or circuits adjoining the judicial circuit or circuits containing the county in which the contest is instituted who has the most years of service as judge of a superior court but who resides outside of the judicial circuit, the congressional or senatorial district or other area involved in the contest. (c) Upon the filing of a contest petition, the clerk of the superior court having jurisdiction shall immediately notify the

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judge described in subsection (b) above of the institution of proceedings under this Chapter; and if such judge is disqualified or unable to serve, the clerk shall immediately notify the Governor of such fact and the Governor shall thereupon appoint a disinterested judge or superior court or senior judge of superior court, residing outside of the judicial circuit, the congressional or senatorial district or other area involved in the contest, to serve in the place of such judge. Such judge or senior judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. He shall be reimbursed for his actual expenses for food and lodging and he shall receive the same mileage allowance as other State officials and employees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 11, 1977. CAMPAIGNING NEAR POLLING PLACES. Code Section 34-1307 Amended. No. 12 (House Bill No. 54). An Act to amend Code section 34-1307, relating to prohibition of certain campaign activities within a certain distance of polling places, as amended, so as to prohibit the solicitation of signatures for petitions within a certain distance of polling places on any primary or election day; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1307, relating to prohibition of certain campaign activities within a certain distance of polling places, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows: No person shall solicit signatures for any petition on any primary or election day within 250 feet of any polling place or of

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the outer edge of any building within which such polling place is established, whichever distance is greater. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 11, 1977. SMALL CLAIMS COURTS IN CERTAIN COUNTIES (34,50039,500)JURISDICTION AND CERTAIN COSTS CHANGED, ETC. No. 15 (House Bill No. 72). An Act to amend an Act creating a small claims court in certain counties in this State, approved March 7, 1957 (Ga. L. 1957, p. 2635), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2750), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2484), so as to change the jurisdiction of said courts; to change certain of the costs in said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a small claims court in certain counties in this State, approved March 7, 1957 (Ga. L. 1957, p. 2635), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2750), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2484), is hereby amended by striking from section 1 the following: $750.00, and inserting in lieu thereof the following: $1,500, so that when so amended, section 1 shall read as follows: Section 1. There is hereby created and established in each

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county in this State having a population of not less than 34,500 and not more than 39,500 according to the U. S. Census of 1970 or any future such census, a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,500, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted including like powers granted to justices of peace by the laws of the State of Georgia. Section 2. Said Act is further amended by striking from section 8, wherever the same shall appear, the following: 9.50, and inserting in lieu thereof the following: 11.50, so that when so amended, section 8 shall read as follows: Section 8. The plaintiff, when he files his claim, shall deposit the sum of $11.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $11.50. If a party shall fail to pay an accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. Section 3. Said Act is further amended by striking from section 10(a), the following: nine dollars and fifty cents ($9.50), and substituting in lieu thereof the following:

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$11.50, so that when so amended, section 10(a) shall read as follows: Section 10 (a). Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he filed his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the Judge of said Small Claims Court, and the judge shall be entitled to $11.50 for every such claim case. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five (5) days after a claim affidavit and bond is filed with the levying officer. The party demanding such jury trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast in said proceeding. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 11, 1977. BAIL BOND CONDITIONS CHANGED. Code Section 27-1402 Amended. No. 17 (House Bill No. 81). An Act to amend Code section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the principal to appear; 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 27-1402, relating to conditions of bail bonds and recognizances, as amended, is hereby amended by adding at the end thereof a new sentence to read as follows: Upon failure of any principal in any bond or recognizance given by a person charged with a penal offense to appear before the court at the time fixed for his arraignment, the prosecuting attorney shall proceed to forfeit such bond or recognizance., so that when so amended, Code Section 27-1402 shall read as follows: 27-1402 Conditions of bail bond and recognizance In addition to all other requirements prescribed for appearance bonds or recognizance, the appearance bond or recognizance given by a person accused of the commission of a crime shall be conditioned upon the principal presenting himself before the court at the time fixed for his arraignment. Upon failure of any principal in any bond or recognizance given by a person charged with a penal offense to appear before the court at the time fixed for his arraignment, the prosecuting attorney may proceed to forfeit such bond or recognizance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 11, 1977. GENERAL APPROPRIATIONS ACT AMENDED. No. 25 (House Bill No. 94). Compiler's Note: This act has been printed out of its proper numerical order, and appears in its entirety at page 5 of this volume. SOUTHERN JUDICIAL CIRCUIT - SUPERIOR COURT TERMS FIXED. No. 26 (Senate Bill No. 11). An Act to fix the terms of the superior courts of the Southern Judicial Circuit in the counties comprising said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The terms of the superior courts in the counties comprising the Southern Judicial Circuit shall be as follows: (a) The terms of the Superior Court of Brooks County shall commence on the first Monday in April and November in each year. (b) The terms of the Superior Court of Colquitt County shall commence on the first Monday in February and August in each year. (c) The terms of the Superior Court of Echols County shall commence on the first Monday in February and August in each year. (d) The terms of the Superior Court of Lowndes County shall commence on the first Monday in March in each year and on the Tuesday immediately following the first Monday in September in each year. (e) The terms of the Superior Court of Thomas County shall commence on the first Monday in April and October in each year. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1977. JUVENILE COURT CODEJURISDICTION. Code Title 24A Amended. No. 27 (Senate Bill No. 17). An Act to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to make certain technical corrections;

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to change the provisions relating to the jurisdiction of juvenile courts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 24A, the Juvenile Court Code of Georgia, as amended, is hereby amended by striking paragraph (2) of subsection (a) of Code section 24A-301 in its entirety, and inserting in lieu thereof a new paragraph (2), to read as follows: (2) Involving any proceeding (A) for obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person, if such consent is required by law; (B) under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in Georgia; (C) for the termination of the legal parent-child relationship, except that in connection with adoption proceedings under Code Chapter 74-4 the superior courts shall have jurisdiction to terminate the legal parent-child relationship and the rights of the putative father. Section 2. Said Code Title is further amended by striking paragraph (3) of subsection (a) of Code section 24A-3201 in its entirety, and inserting in lieu thereof a new paragraph (3), to read as follows: (3) The written consent of the parent acknowledged before the court has been given: Provided, however, that acknowledgement before the court is not necessary where the parent(s) voluntarily surrenders the child for adoption as provided by Sections 74-403 through 74-406; or. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1977.

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ACT PROVIDING ANNUAL SALARIES FOR CERTAIN SUPERIOR COURT CLERKS REPEALED (8,250-8,330). No. 29 (Senate Bill No. 90). An Act to repeal an Act placing the clerk of the superior court of each county with a population of not less than 8,250 and not more than 8,330, according to the United States Decennial Census of 1970, or any future such census, on an annual salary, approved April 5, 1971 (Ga. L. 1971, p. 3136); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court of each county with a population of not less than 8,250 and not more than 8,330, according to the United States Decennial Census of 1970, or any future such census, on an annual salary, approved April 5, 1971 (Ga. L. 1971, p. 3136), is hereby repealed in its entirety. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1977. LIQUOR SALES TO INMATES OF CENTRAL STATE HOSPITAL FORBIDDEN. Code Section 58-607 Amended. No. 30 (Senate Bill No. 106). An Act to amend Code section 58-607, relating to the sale of liquors near Central State Hospital, so as to repeal the provisions relating to the sale, barter or giving away of alcoholic,

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vinous, or fermented liquor within two miles from the Milledgeville State Hospital buildings; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 58-607, relating to the sale of liquors near Central State Hospital, is hereby amended by striking from said section the following: who shall expose for sale, or sell, barter, or give away alcoholic, vinous, or fermented liquors of any kind, within a distance of two miles from the Milledgeville State Hospital buildings, or, so that when so amended, Code section 58-607 shall read as follows: 58-607. Sale, etc., of liquors near the State Hospital.Any person who shall sell, barter or give away such liquors to any patient or lawful inmate of said Hospital, or to any employee in the service of that institution, shall be punished as for a misdemeanor. This section shall apply only to the county outside of the corporate limits of the city of Milledgeville. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1977. SAVANNAH PARK AUTHORITYDEVELOPMENT POWERS CHANGED. No. 34 (Senate Bill No. 196). An Act to amend an Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of the State of Georgia, creating the Savannah District Authority, now known as the Savannah Port Authority, approved February 11, 1955 (Ga. L. 1955, p. 170), as amended, particularly by

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an Act approved April 7, 1972 (Ga. L. 1972, p. 1186), so as to provide an alternative procedure whereby the Savannah Port Authority can stimulate industrial expansion and development; to authorize the Savannah Port Authority to construct, acquire, own, repair, remodel, maintain, extend, improve and equip property located on lands owned or leased by the Authority or on lands owned or leased by persons, firms, corporations or other entities other than the Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of the State of Georgia, creating the Savannah District Authority now known as the Savannah Port Authority, approved February 11, 1955 (Ga. L. 1955, p. 170), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 1186), is hereby amended by inserting in subsection (k) of section 6B thereof, after the words, or leased by the Authority, the following: or on land owned or leased by persons, firms or corporations or other entities other than the Authority, so that when so amended section 6B shall read as follows: Section 6B. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but without limiting the generality of the foregoing or the powers heretofore granted it, the power: (a) to sue and be sued; (b) to adopt and amend a corporate seal; (c) to make and execute contracts and other instruments necessary to exercise the powers of the Authority, any of which contracts may be made with the county in which the Authority is located (to wit: Chatham County) or may be made with any one or more municipal corporations in said county, and said county and all municipal corporations therein are hereby authorized to enter into contracts with the Authority; (d) to

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receive and administer gifts, grants and devises of any property and to administer trusts; (e) to acquire by purchase, gift or construction any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof; (f) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property of interest therein; (g) to mortgage, convey, pledge or assign any properties, revenues, income, tolls, charges or fees owned or received by the Authority; (h) to issue revenue obligations for the purpose of providing funds for carrying out the purpose of the Authority; (i) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties; (k) to construct, acquire, own, repaire, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the Authority or on land owned or leased by persons, firms or corporations or other entities other than the Authority, 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 receive and accept and use; (l) to issue revenue bonds 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. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of this Act, as amended. As security for the payment of any revenue bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and the Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia in behalf of the State and said county and each municipal corporation, political subdivision and taxing district therein hereby

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waives any right it or said county, or such 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; (m) to do all things necessary or convenient to carry out the powers expressly conferred by this Act. 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. Approved February 18, 1977. CERTAIN COUNTY TAX OFFICIALS SALARY ACT AMENDEDCOUNTY POPULATION COUNT CHANGED. No. 39 (House Bill No. 42). An Act to amend an Act providing minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Georgia, approved March 31, 1976 (Ga. L. 1976, p. 988), so as to change the provisions relating to the calculation of county population and minimum salaries for certain tax collectors and tax commissioners; to provide 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 minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Georgia, approved March 31, 1976 (Ga. L. 1976, p. 988), is hereby amended by adding, following section 2, a new section 2.1, to read as follows: Section 2.1. Any other provision of this Act to the contrary notwithstanding, in any county in which more than 50 percent of the population of such county, according to the United States

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Decennial Census of 1970, resides on property of the United States government which is exempt from taxation by the State of Georgia, the population of such county for the purpose of section 2 shall be deemed to be the total population of such county minus the population of such county which resides on such property of the United States government. 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. Approved February 18, 1977. CONASAUGA JUDICIAL ACT AMENDEDCOURT TERMS CHANGED. No. 42 (House Bill No. 180). An Act to amend an Act creating a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended by an Act approved March 31, 1965 (Ga. L. 1965, p. 454), and an Act approved March 21, 1968 (Ga. L. 1968, p. 377), so as to change the terms of court of said judicial circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be. it enacted by the General Assembly of Georgia: Section 1. An Act creating a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended by an Act approved March 31, 1965 (Ga. L. 1965, p. 454), and an Act approved March 21, 1968 (Ga. L. 1968, p. 377), 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. The terms of court for said judicial circuit shall

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be as follows: the second Monday in January and the second Monday in July for Whitfield County; and the second Monday in February and the second Monday in August for Murray County. Section 2. This Act shall become effective July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1977. LEAF TOBACCO SALE ACT AMENDEDNONAUCTION DEALER'S LICENSE REQUIRED. No. 43 (House Bill No. 185). An Act to amend an Act regulating the sale of leaf tobacco, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, so as to require any person, firm or corporation purchasing fluecured leaf tobacco from producers other than at auction sales to obtain from the Commissioner of Agriculture a nonauction tobacco dealer's license; to require surety bonding of nonauction tobacco dealers; to require the compilation and maintenance of records of purchases made by nonauction tobacco dealers from producers other than at auction sales; to provide for access to an inspection of such records by the Commissioner of Agriculture; to require of such dealers the provision of or access to certified public weighers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating the sale of leaf tobacco, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, is hereby amended by adding, between sections 18A and 19, a new section 18B, to read as follows: Section 18B. Any person, firm or corporation purchasing flue-cured leaf tobacco from producers other than at auction

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sales shall be required to apply to and obtain from the Commissioner of Agriculture a nonauction tobacco dealer's license prior to engaging in such purchase operations. There shall be no charge for such license, which shall be renewable on an annual basis. Each applicant for a nonauction tobacco dealer's license shall indicate in writing to the Commissioner each year before the first auction sale of the tobacco-selling season an intent to buy flue-cured leaf tobaccos from producers other than at auction in order to be eligible for a nonauction tobacco dealer's license for that selling season. Prior to the issuance or renewal of a nonauction tobacco dealer's license to an applicant or a licensee, said applicant or licensee shall post with the Commissioner of Agriculture a surety bond or trust fund agreement in the amount of 10% of the total purchases made by the applicant or licensee of flue-cured leaf tobacco from producers other than at auction during the preceding tobacco-selling season. Said bond or trust fund agreement shall guarantee the purchases made by the applicant or licensee from producers other than at auction sales and shall in no instance be less than $5,000. Each nonauction tobacco dealer shall compile and maintain such records and periodic reports pertaining to the purchase of tobacco from producers other than at auction sales as the Commissioner may require and shall make such records and reports available for inspection by the Commissioner or his representative during any business hours. It shall be the duty of each licensed nonauction tobacco dealer to provide or have access to a certified public weigher for the weighing of tobacco purchased by a nonauction dealer from producers other than at auction sales. It shall be unlawful for any person, firm or corporation to purchase flue-cured leaf tobacco from producers other than at auction sales without complying with the provisions of this section; a violation of the provisions of this section shall constitute a misdemenanor and shall be punishable as such. 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. Approved February 18, 1977.

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CORONERS' SALARIES IN CERTAIN COUNTIES FIXED (34,300-36,000). No. 51 (House Bill No. 455). An Act to fix the salary of the coroner in all counties of this State having a population of not less than 34,300 and not more than 36,000 according to the United States Decennial Census of 1970 or any future such census; to provide for the payment of the salary of the coroner out of the funds of such counies; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) In all counties of this State having a population of not less than 34,300 and not more than 36,000 according to the United States Decennial Census of 1970 or any future such census, the coroner shall receive a salary of $2,400.00 per annum. (b) Said salary or compensation shall be apportioned and payable monthly out of the funds of such counties for the remainder of the current year 1977 at said annual rate and shall be payable for all subsequent years at said respective annual rate, which said salary shall be in full payment of all services rendered by said officer and said compensation shall be all inclusive and said officer shall not receive any other compensation for services performed as coroner in such counties. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1977.

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GEORGIA CIVIL DEFENSE ACT OF 1951 AMENDED-GOVERNOR'S ENERGY CRISIS POWERS DELINEATED. No. 73 (House Bill No. 583). An Act to amend an Act known as the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 74), so as to further define certain terms; to provide the Governor with certain additional emergency powers; to provide for a limitation of liability; to provide certain limitations on the Governor's authority; to provide for an effective date and an expiration 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 Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 74), is hereby amended by striking section 3, relating to definitions, in its entirety and substituting a new section 3 to read as follows: Section 3. Definitions. (a) The term `civil defense' means the preparation for the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from emergencies, energy emergencies, or disasters, or the imminent threat thereof, of man-made or natural origin, caused by enemy attack, sabotage, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill, or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot, or other hostile action, or other causes. These functions include, without limitation, fire fighting services, police services, medical and health services, rescue, engineering, warning services, communications, defense from radiological, chemical and other special weapons, evacuation of persons from stricken areas, emergency welfare services, emergency transportation,

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plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. Definitions. (b) `Energy emergency' means a condition of danger to the health, safety, welfare, or economic well-being of the citizens of the State of Georgia arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of Georgia resulting from the operation of any electrical power generating facility, the transport of any energy resource by any means whatsoever, or the production, use or disposal of any source material, special nuclear material, or byproduct as defined by the Atomic Energy Act of 1954, 68 Stat. 919, 42 U.S.C. 2011, et seq.; also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring within or without the State of Georgia, substantially affecting the health, safety, or welfare of the citizens of this State. Energy Emergency (c) `Energy resources' includes all forms of energy or power including, without limitation, oil, gasoline, and other petroleum products; natural or synthetic gas, electricity in all forms and from all sources; and other fuels of any description, except wood. (d) `State of emergency' means the condition declared by the Governor when, in his judgment, the threat of actual occurrence of a disaster or emergency or energy emergency in any part of the State is of sufficient severity and magnitude to warrant extraordinary assistance by the State to supplement the efforts and available resources of the several localities and relief organizations in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby and is so declared by him. Section 2. Said Act is further amended by adding at the end of section 7, relating to emergency powers, the following language: (6) To issue orders, rules and regulations providing for: Governor's Powers. (a) the degree to which public buildings, commercial and industrial

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establishments, and private homes and residences may be heated or cooled, regardless of energy resource used. (b) The hours and days during which all State-owned facilities or offices may or are required to remain open. (c) The hours and days which all county or municipally owned facilities or offices may or are required to remain open. (d) The hours and days which all schools, universities and educational institutions within the State may or are required to remain open; provided, however, nothing contained herein shall operate to limit the total number of days which an educational institution is required by law to remain open. (e) The hours and days which all commercial establishments for the entertainment or amusement of the general public may or are required to remain open. (f) The hours and days which all other commercial or industrial establishments not essential to the public's health, safety or welfare may or are required to remain open. (7) To issure orders, rules and regulations amending or suspending any or all restrictions or penalties regarding transportation of energy resources. (8) To establish and implement regional programs and agreements for the purposes of coordinating any energy reserve programs and actions of the State with those of the Federal Government and of other states and localities. (9) To allocate, except where by law this authority is granted to the Public Service Commission, any energy resource in such manner as deemed proper in order to protect the public health, safety or welfare, including for such purposes, the power and authority to alter, amend, suspend or terminate any existing rate, schedule, contract, rule or regulation affecting such energy resource, and to prescribe new or further rates, schedules, contracts, rules or regulations affecting such energy resource. Provided that in the event such rates, schedules, contracts, rules, or regulations are altered, amended, or prescribed by the Governor,

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they shall be just and reasonable. (10) To establish a three-member hardship committee, comprised of the Chairman of the Public Service Commission or his designee, and two members appointed by the Governor, which would permit exceptions, when life or property critical to the public health, safety or welfare is jeopardized because of any orders, rules or regulations issued under subsections (c) (6), (c) (7) or (c) (9) above. (11) To provide for the imposition of a civil penalty not to exceed $100 for each violation by an occupant of a private home or residence and not to exceed $5,000 for any other violation, and the methods and conditions of its collection, for failure to comply with the orders, rules or regulations promulgated by the Governor pursuant to this Section. (12) If the Governor declares a state of emergency solely because of an energy emergency, he shall not have the authority to: (i) Seize, take for temporary use or condemn property other than energy resources as authorized by Section 7 (c) (2) of this Acr; or (ii) Sell, lend, give or distribute property other than energy resources as authorized by Section 7 (c) (3) of this Act; or (iii) Commandeer or utilize property other than energy resources as authorized by Section 7 (c) (5) (d) of this Act. Section 3. Said Act is further amended by adding at the end of section 7, relating to emergency powers, the following language: (d) Any individual, partnership, association or corporation who acts in accordance with an order, rule or regulation entered by the Governor pursuant to the Authority granted herein will not be held liable to any other individual, partnership, association or corporation by reason thereof in any action at law or in equity. Immunity from Suit.

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7, Paragraph 6 through 11 of the Georgia Civil Defense Act of 1951 as amended by this Act shall expire, and be hereby repealed, as of April 1, 1980. Effective date. 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 Clause. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 24, 1977. JUSTICES OF THE PEACE FEE SCHEDULE. Code Section 24-1601 Amended. No. 74 (House Bill No. 130). An Act to amend Code section 24-1601, relating to fees for justices of the peace, as amended by an Act approved February 23, 1949 (Ga. L. 1949, p. 956), an Act approved March 21, 1958 (Ga. L. 1958, p. 201), and an Act approved April 11, 1967 (Ga. L. 1967, p. 469), so as to provide a fee for applications for the arrest and search warrants; to repeal the fees provided for issuing arrest and search warrants; 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 section 24-1601, relating to fees for justices of the peace, as amended by an Act approved February 23, 1949 (Ga. L. 1949, p. 956), an Act approved March 21, 1958 (Ga. L. 1958, p. 201), and an Act approved April 11, 1967 (Ga. L. 1967, p. 469), is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code section to read as follows: 24-1601. The following shall be the fees for justices of the peace of this State and it shall be lawful for said justices of the peace to charge and collect the same: Each original summons $2.00 Each copy summons 1.00 Filing papers in any case .50 Seal .50 Affidavit and bond to obtain attachment and issuing same 4.00 Entering judgment in each case 2.00 Trial of each case when same is litigated 3.00 Docketing each case 1.00 Each witness sworn .75 Issuing each execution 1.50 Affidavit to obtain possessory warrant, Making out and issuing same 4.00 Taking possessory warrant 4.00 Making out interrogatories and certifying same 5.00 Making out recognizances and returning same to court 2.00 Each subpoena for witness .50 Issuing each distress warrant 5.00 Each affidavit when no case pending 1.00 Answering every writ of certiorari to superior court 5.00 Presiding at trial of forcible entry and detainer 5.00 Presiding at trial of right of way 5.00 Issuing rules to establish lost papers 2.00 Trying the same 3.00 Presiding at trial of nuisance 5.00 Witnessing any paper 1.00 Affidavit and bond to obtain garnishment 3.50 Issuing summons of garnishment 3.00 Each additional copy of garnishment 1.00 Settling case before judgment 2.00 Claim affidavit and bond 2.00 Trying same 3.00 Drawing bonds in Civil and Criminal cases 5.00 Certifying transcript 3.00 Entering appeal to Superior Court 3.00 Taking testimony in criminal case 4.00 Issuing order to sell perishable property 3.00 Each lien foreclosure and docketing same 3.00 Entering appeal in Justice Court 3.00 Drawing jury and making out list 4.00 Each order issued by Justice 3.00 Each case tried by jury 3.00 Issuing commission to take interrogatories 5.00 Backing fieri facias 1.00 Rule nisi against officer 2.00 Trying the same 2.00 Judgment on same 1.00 Attachment for contempt against officer of Court 3.00 Issuing warrant to disposses or against intruders 5.00 Bail trover, affidavit, summons and trial 5.00 Taking examination of person charged with criminal offense 4.00 Examination of each witness in criminal case 1.00 Making out commitment 1.00 Judgment in each criminal case 1.00 Waiving committal trial 2.00 Each application for a search warrant 5.00 Each application for a criminal arrest warrant 4.00

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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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1977. JUSTICES OF THE PEACE-COMPENSATION IN CRIMINAL CASES CHANGED. No. 75 (House Bill No. 143). An Act to amend an Act providing for the manner in which justices of the peace and notaries public ex officio justices of the peace shall be compensated in criminal cases, approved March 11, 1943 (Ga. L. 1943, p. 539), so as to provide for compensation in criminal cases where application has been made for the issuance of an arrest or search warrant; to provide 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 manner in which justices of the peace and notaries public ex officio justices of the peace shall be compensated in criminal cases, approved March 11, 1943 (Ga. L. 1943, p. 539), 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. The provisions of this law shall only apply in criminal cases, wherein, a warrant or warrants have been issued and in those cases in which application has been made for the issuance of an arrest or search warrant and the court has found that probable cause did not exist for the issuance of the warrant.

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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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1977. STATE TOURIST CENTER PROVIDED NEAR THE HOME OF ANY GEORGIAN WHO IS PRESIDENT OF THE U. S. No. 79 (House Bill No. 571). An Act to provide for establishment and operation of a State tourist center within the general vicinity or area of the domestic residence of any citizen of this State elected President of the United States; to provide for its establishment and operation by the Department of Industry and Trade, at the direction of the Governor; to provide for an effective date; to repeal inconsistent laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The Governor shall have authority to direct and provide for the construction of a tourist center on real property presently owned by or which may be acquired by the State of Georgia within the general vicinity or area of the domestic residence of any citizen of this State when such citizen has been elected President of the United States and the Governor determines that the number of tourists and other persons visiting the area justifies the center. (b) It shall be the duty of the Department of Industry and Trade to construct, operate and maintain the tourist center and keep it supplied with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce of this State. (c) The Department of Industry and Trade is further authorized to provide space for other commercial or non-commercial

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projects in the center and allow the persons to sell or provide such articles or services as may be prescribed in the lease, contract, franchise or other arrangement, as determined by the Department. The Department of Industry and Trade shall regulate the sale or free distribution of such articles, merchandise, and services, by other persons at the center in the manner it deems to be in the best interest of promoting the tourist trade in this State and otherwise furthering the purposes for which the center is created. (d) The Department of Industry and Trade may also enter into contracts with other State, local or federal agencies, or with other persons, to assist it in construction, operation, or maintenance of the center. The Department may acquire real and personal property for such purposes. Section 2. This Act shall become effective upon its signature by the Governor or upon its otherwise becoming law. Approved February 25, 1977. ADOPTION ACT OF 1977CODE CH. 74-4 COMPREHENSIVELY REVISED. No. 85 (Senate Bill No. 18). An Act to comprehensively revise the adoption laws of this State; to provide for jurisdiction and venue in adoption proceedings; to define who may adopt children; to require surrender or termination of parental rights prior to adoption except in certain cases; to set forth the requirements and form of a surrender of parental rights; to require that in certain cases notice be given to the putative father of a child to be adopted; to specify the contents of an adoption petition; to require an accounting report of petitioner and his attorney; to provide for the date of the final hearing and service; to require an investigation report for certain adoptions; to allow objections to the adoption by relatives in certain situations; to allow for the appointment of a guardian ad litem; to establish procedures for hearing an adoption petition; to establish the effect of a decree of adoption;

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to provide for notice of the adoption; to provide for the adoption of adult persons; to establish the effect of a foreign judgment of adoption; to provide for the secrecy of adoption records; to provide penalties for illegal advertising of adoptions and illegal advertisements for persons to place their child for adoption; to provide penalties for illegal inducements for persons to place their child for adoption; 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 is hereby amended by striking Code Chapter 74-4 in its entirety and substituting in lieu thereof the following new Code Chapter 74-4 and to read as follows: CHAPTER 74-4 ADOPTION Section 74-401. Jurisdiction and Venue. The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption, except such jurisdiction as may be granted to the juvenile courts. All petitions for adoption shall be filed in the county in which the adopting parent(s) resides, except that upon good cause being shown, the court of the county of the child's domicile or of the county in which is located any licensed child-placing agency having legal custody of the child sought to be adopted may, in its discretion, allow the petition to be filed in that court. Section 74-402. Who May Adopt. Any adult person may petition for leave to adopt a child if such person is (1) at least twenty-five (25) years of age, or (2) married and living with husband or wife. If a person is married, the petition must be filed in the name of both husband and wife, except the child is the stepchild of the party seeking to adopt, in which event the petition may be filed by the stepparent alone. The petitioner(s) must be at least ten (10) years older than the child, a resident of this State and financially, physically, morally fit and mentally able to have the permanent custody of the child.

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Section 74-403. Surrender or Termination of Parental Rights Required. (a) Except as otherwise specified in Code section 74-405, no adoption of a child with a living parent(s) or guardian(s) of his person shall be permitted except where (1) the parent(s) or the guardian(s) of the child has voluntarily and in writing surrendered all of his rights to the child to the Department of Human Resources or a licensed child-placing agency or the parent(s) or the guardian(s) of the child has had his rights terminated by order of a court of competent jurisdiction and the child has been committed by said court to the Department of Human Resources or a licensed child-placing agency for placement for adoption and the Department or agency thereafter consents to the adoption; or (2) the parent(s) or the guardian(s) of the child has voluntarily and in writing surrendered all of his rights to the child to a third person(s) for the purpose of enabling that person(s) to adopt said child; or (3) a parent of the child has voluntarily and in writing surrendered all of his rights to the child to the spouse of the other parent of said child and such other parent, if living, consents to the adoption; or (4) the patent(s) of the child has voluntarily and in writing surrendered all of his rights to the child to a relative who is either a parent, brother or sister, aunt or uncle, or son or daughter of either parent; or (5) where a child has been placed for adoption by a juvenile court, or other court of competent jurisdiction, which has terminated the parental rights of the parents. (b) A petition for adoption pursuant to Code section 74-403 (a)(2) shall be filed within sixty (60) days from the date of the surrender; otherwise, except in cases of excusable neglect, said surrender shall operate in favor of the Department of Human Resources for placement for adoption pursuant to Code section 74-403(a)(1). (c) In the case of a child fourteen (14) years of age, or older, the written consent of the child must be given must be given acknowledged in the presence of the court. Section 74-404. Surrender of Parental Rights. (a) The surrender to the Department of Human Resources or a licensed child-placing agency specified in Code section 74-403(a)(1) shall be executed following the birth of the child in the

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presence of a representative of the Department or agency and a notary. A surrender pursuant to subsection (a)(2), (3) or (4) of Code section 74-403 shall be executed following the birth of the child in the presence of a notary. A copy shall be delivered to the parent(s) or guardian(s) signing such surrender at the time of the execution thereof. In the case of a surrender pursuant to Code section 74-403(a)(2) the name and address of the person(s) to whom the child is surrendered may be omitted to protect confidentiality provided the surrender sets forth the name and address of his agent for purposes of notice of withdrawal as provided for in Code section 74-404(b). (b) A parent or guardian signing a surrender shall have the right to withdraw the surrender by written notice within ten (10) days after signing and the surrender document shall not be valid unless it so states. Thereafter a surrender may not be withdrawn. The notice of withdrawal of surrender shall be delivered in person or by registered mail to the person or agency, at the address designated in the surrender document. (c) (1) The surrender as specified in Code section 74-403(a)(1), (3) or (4) shall conform substantially to the following: SURRENDER OF PARENTAL RIGHTS FINAL RELEASE FOR ADOPTION

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(2) The surrender as specified in Code section 70-403(a)(2) shall conform substantially to the following: SURRENDER OF PARENTAL RIGHTS FINAL RELEASE FOR ADOPTION

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(3) Whenever parental rights are surrendered to the Department of Human Resources or a licensed child-placing agency, the agency representative before whom the surrender is signed shall execute an affidavit in substantially the following form: AFFIDAVIT OF AGENCY REPRESENTATIVE

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(4) A surrender of parental rights shall be acknowledged by the parent(s) or guardian(s) signing in substantially the following form: ACKNOWLEDGMENT OF SURRENDER OF PARENTAL RIGHTS (5) Whenever the biological mother surrenders her parental rights she shall execute an affidavit as to the identity and location

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of the putative father in substantially the following form: MOTHER'S AFFIDAVIT REGARDING PUTATIVE FATHER (d) A surrender, when required, may be given by the parent(s) of the child sought to be adopted irrespective of whether such parent, or either, or both of them have arrived at the age of majority.

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The surrender given by such minor parent(s) shall be binding upon him as if such parent(s) were in all respects sui juris. (e) A copy of the surrender specified in Code section 74-404(c)(2) together with a copy of the affidavit specified in Code section 74-404(c)(5) and the name and address of the person(s) to whom the child is surrendered shall be mailed, by registered or certified mail, return receipt requested, by said person(s) to the Adoption Supervisor, Georgia Department of Human Resources, Atlanta, Georgia 30334. within fifteen (15) days from the execution thereof. Upon receipt of said copy the Department of Human Resources may commence its investigation as required in Code section 74-409. Section 74-405. Surrender or Termination of Parental Rights Not Required. (a) Surrender or termination of parental rights as provided in Code section 74-403 shall not be required as a prerequisite to adoption pursuant to subsections (a)(1), (a)(2), (a)(3) or (a)(4) of Code section 74-403 where a child has been abandoned by a parent, or where such parent of a child cannot be found after a diligent search has been made, or where such parent is insane or otherwise incapacitated from surrendering such rights and the court is of the opinion that the adoption is for the best interest of the child, nor shall a surrender or termination of parental rights as provided in Code section 74-403 be required as a prerequisite to adoption pursuant to subsections (a)(3) or (a)(4) of Code section 74-403 in the case of a parent who has failed significantly without justifiable cause for a period of one year or longer immediately prior to the filing of the petition for adoption (1) to communicate, or to make a bona fide attempt to communicate with the child, or (2) to provide for the the care and support of the child as required by law or judicial decree. (b) Whenever it is alleged that surrender or termination of parental rights is unnecessary because of subsection (a), the allegedly defaulting parent(s) shall be personally served with the adoption petition or, if personal service cannot be perfected, by

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registered or certified mail, return receipt requested, at his last known address. If service cannot be made by either of these methods, the parent(s) shall be given notice by publication once a week for three weeks in the official organ of the county where the petition has been filed. Section 74-406. Notice to Putative Father. (a) If the identity and location of the putative father of an illegitimate or legitimate child is known or reasonably ascertainable and he has not executed a surrender as provided in Code section 74-404(c), then he shall be notified of the mother's surrender or her consent to the child's adoption by her husband, or the proceeding to terminate her parental rights by registered or certified mail, return receipt requested, at his last known address. (b) If the identity and location, or either, of the putative father of an illegitimate or legitimate child is not known or reasonably ascertainable then upon motion by either the petitioner(s), Department of Human Resources, or licensed child-placing agency the Court, as soon as practicable, shall make such inquiry as it deems appropriate under the circumstances and shall determine whether the identity and location of the putative father is ascertainable, and whether the putative father lived with the child, contributed to its support, or has given any other tangible indication of interest in the child, so as to entitle him to notice of the mother's surrender or her consent to the child's adoption by her husband, or the proceeding to terminate. If the Court identifies the putative father and determines that he is entitled to notice of the mother's surrender or the proceeding to terminate her parental rights it shall enter an appropriate order designed to afford him such notice. If after inquiry the Court is unable to identify the putative father or concludes that he is not entitled to notice of the mother's surrender or her consent to the child's adoption by her husband, or the proceeding to terminate her parental rights the Court shall enter an order terminating the putative father's rights with reference to the child. (c) When notice is to be given pursuant to subsection (a) or (b) above, it shall advise the putative father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless he files (1) a petition to

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legitimate the child pursuant to Code section 74-103, and (2) notice of such petition to legitimate with the court in which the adoption is pending, within thirty (30) days of receipt of such notice. (d) If a legitimation petition is not filed by the putative father and notice given as required in subsection (c) above within thirty (30) days of his receipt of notice, as provided for in subsection (a) or (b) above, or if after filing such petition, he fails to prosecute it to final judgment he loses all rights to the child and he may not thereafter object to the adoption and is not entitled to receive notice of the adoption. (e) If the child is legitimated by the putative father, the adoption shall not be permitted except as provided in Code Sections 74-403 through 405. Section 74-407. Petition and Contents. (a) The petition, duly verified, together with two (2) conformed copies thereof, must be filed with the clerk of the superior court having jurisdiction, and shall set forth the name, age and place of the residence of the petitioner(s); the name by which the child is to be known should the adoption ultimately be completed; the date of birth and sex of the child; the date and circumstances of the placement of the child with petitioner(s); whether such child is possessed of any property and, if so, a full and complete description thereof; whether the child has one or both parents living; or whether the child has a guardian of its person. Where the adoption is pursuant to Code section 74-403(a)(1), an affidavit from the Department of Human Resources or a licensed child-placing agency shall be provided (or attached) when the petition is filed stating that all provisions of Code sections 74-403(a)(1), 74-404 and 74-406, if applicable, have been complied with along with the written consent of said Department or agency to the adoption. Where the adoption is pursuant to Code section 74-403(a)(2) the written voluntary surrender of such parent(s) or guardian(s), specified in Code section 74-404(c)(2), together with the affidavit specified in Code section 74-404(c)(5), shall be provided (or attached) when the petition is filed together with allegations of compliance with provisions of Code section 74-406, if applicable. Where the adoption is pursuant

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to Code section 74-403(a)(3) or (4) the written voluntary surrender of such parent(s), specified in Code section 74-404(c)(1), together with the affidavit specified in Code section 74-404(c)(5), shall be provided (or attached) when the petition is filed together with allegations of compliance with provisions of Code section 74-406, if applicable. Where Code section 74-405 is applicable, the parental rights need not be surrender or terminated prior to the filing of the petition but petitioner(s) shall allege facts demonstrating the applicability of Code section 74-405 and allege compliance with Code section 74-405(b). If the petition is filed in a county other than that of the petitioner's residence, the reason therefor must also be set forth in the petition. At the time of filing the petition, the petitioner(s) shall deposit with the clerk the deposit required by Code section 24-3406, as amended, and the fees shall be those established by Code section 24-2727, as amended. (b) Except as specified in subsection (c), the petitioner(s) in any proceeding for the adoption of a minor shall file, with the petition, a full accounting report in a manner acceptable to the court of all disbursements of anything of value made or agreed to be made directly or indirectly, by, on behalf or for the benefit of the petitioner(s) in connection with the adoption. The report shall show any expenses incurred in connection with: (1) The birth of the minor; (2) Placement of the minor with petitioner(s); (3) Medical or hospital care received by the mother or by the minor during the mother's prenatal care and confinement; and (4) Services relating to the adoption or to the placement of the minor for adoption which were received by or on behalf of the petitioner(s), either natural parent of the minor, or any other person. (c) Subsection (b) does not apply to an adoption pursuant to Code section 74-403(a)(1), (3) or (4). (d) Every attorney for the petitioner(s) in any proceeding for the adoption of a minor wherein the petitioner(s) is required to

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file an accounting under the provisions of subsection (b), shall file, before the decree of adoption is entered, an affidavit in a manner acceptable to the court of all sums paid or promised him, from whatever source, for all services rendered or to be rendered (regardless of their nature) in connection with the adoption. Provided however, that if the attorney received less than five hundred dollars his affidavit need only state that fact. (e) Any report made under this section must be signed and verified by the individual making such report. Section 74-408. Notice of Date of Hearing; Service. Upon filing of the petition, the court shall fix a date upon which the petition for adoption shall be considered which shall be not less than sixty (60) days from the date of filing of the petition. A copy of the petition, order fixing the date upon which the petition shall be considered, and copies of all exhibits, surrenders or certificates, as required by this Code Chapter, shall be forwarded by the clerk to the Department of Human Resources within fifteen (15) days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law. Section 74-409. Investigation by Department of Human Resources Or Other Agency. (a) Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of the Department of Human Resources through its own agents, one of its licensed child-placing agencies or through any other agency appointed by the Department of Human Resources, to verify the allegations in the petition for adoption and to make a complete and thorough investigation of the entire matter, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. If for any reason the Department of Human Resources shall find itself unable to make or arrange for the proper investigation and report, it shall be the duty of the Commissioner of the Department to notify the court immediately, or at least within twenty (20) days after receipt of the request for investigation service, that it is unable to make such report and investigation

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so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated. (b) If the petition has been filed pursuant to Code section 74-403(a)(3) or (4), the Department of Human Resources is authorized but not required to make an investigation and shall do so whenever requested by the court, in whatever form the court specifies. Section 74-410. Report and Recommendation. (a) The report and findings of the investigating agency shall, among other things, include the following: (1) Verification of allegations contained in the petition. (2) Circumstances under which the child came to be placed for adoption. (3) Whether the proposed adoptive parent(s) is financially (including adoption supplement if approved by the Department of Human Resources), physically and mentally able to have the permanent custody of the child. (4) The physical and mental condition of the child to be adopted insofar as this can be determined by the aid of competent medical authority. (5) Whether or not the adoption is for the best interests of the child, including general care. (6) Suitability of the home to the child. (7) Whether the identity and location of a putative father is known, or ascertainable and whether the requirements of Code section 74-406 were complied with, if applicable. (8) Any other information that might be disclosed by the investigation that would be of any value or interest to the court in deciding the case.

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(b) If the report of the Department of Human Resources or the licensed child-placing agency as provided herein, disapproves of the adoption of the child, motion may be made by said Department or by the licensed child-placing agency to the court to dismiss the petition, and the court after hearing is authorized to do so. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal such ruling to the Court of Appeals or Supreme Court, as in other cases, as now or hereafter provided by law. (c) If at any time it appears to the court that the interests of the child may conflict with those of the petitioner(s), the court may, in its discretion, appoint a guardian ad litem to represent the child and the cost thereof shall be a charge upon the funds of the county. (d) If the petition is denied, the court shall remand the child to the custody of the Department of Human Resources or licensed child-placing agency if the adoption petition was filed pursuant to subsection (1) or (2) of Code section 74-403(a). If the adoption petition was filed pursuant to subsection (3) or (4) of Code section 74-403(a), the child shall remain in the custody of petitioner(s) if he is fit to have custody or the court may place the child with the Department of Human Resources for the purpose of determining whether or not a petition should be initiated under the Juvenile Court Code of Georgia. Section 74-411. Objection by Relative to Petition For Adoption. It shall be the privilege of any person related by blood to the child sought to be adopted, if there is no father or mother living, to file objections to the petition for adoption, and the court, after hearing the same, shall determine, in its discretion, whether or not the same constitute a good reason for denying the petition. Section 74-412. Hearing and Decree of Adoption. (a) (1) Upon the date appointed by the court for a hearing of the petition for adoption, or as soon thereafter as the matter may be reached for a hearing, the court shall proceed to a full hearing on the petition and the examination of the parties at interest in

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chambers, under oath, with the right of continuing the hearing and examinations from time to time as the nature of the case may require. The court at such times shall give consideration to the investigation report to the court provided for in Code section 74-409 and the recommendations therein contained. (2) If the court determines from the report or otherwise that the identity and location of the putative father of an illegitimate or legitimate child have been ascertained or are ascertainable and that he is entitled to notice as provided in Code section 74-406 and has not received such notice, the court shall within five (5) days following such hearing cause the notice requirement of Code section 74-406 to be satisfied. The hearing shall be continued for at least thirty (30) days following notice to the putative father to allow him to legitimate the child or to surrender all his rights to said child. If the putative father files a petition to legitimate the child within such thirty-day period, the court shall fix a time for a hearing thereon which shall not be later than thirty (30) days from the date of filing of said petition. If a petition to legitimate the child is not filed within thirty (30) days following receipt of notice, or if the petition is not prosecuted to final judgment, such failure shall constitute the surrender by the putative father of all his rights to said child as provided in Code section 74-406(d) and the court shall proceed with the final hearing on the petition for adoption. If the child is legitimated by the putative father, the adoption shall not be permitted except as provided in Code sections 74-403 through 405. (b) If the court is satisfied that the parent(s) or guardian(s) of the child has been relieved of the care, support and guardianship and all rights to said child in the manner provided by law and that the petitioner(s) is capable of assuming responsibility for the care, supervision, training and education of the child, and that the child is suitable for adoption in a private family home and that the adoption requested is for the best interests of the child, it shall enter a decree of adoption, granting the permanent custody of the child to the petitioner(s), and declaring said child to be the adopted child of the petitioner(s). (c) If the court shall determine that the petitioner(s) has not complied with the provisions of this Code Chapter, it may dismiss the petition for adoption without prejudice or continue the

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cause. Should the court find that any notice required under this Chapter to be given by the petitioner has not been given or not properly given, or that said petition has not been properly filed, then said court is authorized to enter an order providing for corrective action and an additional hearing. (d) If the court is not satisfied that the adoption is for the best interests of the child, it shall deny the petition and commit the child to the custody of the Department of Human Resources or a licensed child-placing agency, if the petition was filed pursuant to subsection (1) or (2) of Code section 74-403(a). If the petition was filed pursuant to subsection (3) or (4) of Code section 74-403(a), the child shall remain in the custody of the petitioner(s) if he is fit to have custody or the court may place the child with the Department of Human Resources for the purpose of determining whether or not a petition should be instituted under the Juvenile Court Code of Georgia. Section 74-413. Effect of Decree of Adoption. (a) A decree of adoption, whether issued by a court of this State or of any other jurisdiction shall have the following effect as to matters within the jurisdiction or before a court in this State: (1) Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the natural parent(s) of the adopted individual of all parental rights and responsibilities, and to terminate all legal relationships between the adopted individual and his relatives, including his natural parent(s), so that the adopted individual thereafter is a stranger to his former relatives for all purposes including inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship; and (2) To create the relationship of parent and child between petitioner(s) and the adopted individual, as if the adopted individual were a child of natural bodily issue of petitioner(s), and he shall enjoy every right and privilege of a natural child of petitioner (2); and shall be deemed a natural child of petitioner(s) to

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inherit under the laws of descent and distribution in the absence of a will and to take under the provisions of any instrument of testamentary gift, bequest, devise or legacy, whether executed before or after the adoption is decreed, unless expressly excluded therefrom; and shall take by inheritance from relatives of the petitioner(s); and shall also take as a `child' of the petitioner(s) under a class gift made by the will of a third person. (b) Notwithstanding the provisions of subsection (a), if a parent of a child dies without the relationship of parent and child having been previously terminated the child's right of inheritance from or through the deceased is unaffected by the adoption. Section 74-414. Notice of Adoption. Upon the entry of the decree of adoption, the clerk of the court granting the same shall forward a copy of said decree, together with the original of the investigation report filed with the court, to the Department of Human Resources. If there shall be any subsequent order or revocation of said adoption a copy of same in like manner shall be forwarded by the clerk to the Department of Human Resources. At any time after the entry of the decree of adoption, the clerk of the court granting the same shall, upon the request of the adopting parents, issue to said adopting parents a certificate of adoption, under the seal of the court, upon payment to him of the fee prescribed in Code section 24-2727, relating to fees of clerks of the superior courts, as amended, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in said certificate. Said adoption certificate shall be in substantially the following form:

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Section 74-415. Adoption of Adult Persons. (a) Adult persons may be adopted on giving written consent to such adoption. In such cases, adoption shall be by a petition duly verified and filed, together with two conformed copies, in the superior court in the county in which either the petitioner(s) or the adult to be adopted resides, setting forth the name, age and residence of petitioner(s), and of the adult to be adopted, the name by which the said adult is to be known, and his written consent to the adoption. The court may at any time, whether at term time or in vacation, assign the said petition for hearing, and after examining the petitioner(s) and the adult sought to be adopted, the court, if satisfied that there is no reason why said adoption should not be granted, shall enter a decree of adoption and change the name of the adopted adult, if requested. Thereafter the relation between such petitioner(s) and the adopted adult shall be, as to their legal rights and liabilities, the relation of parent and child. (b) The provisions of Code section 74-413, relating to the effect of a decree of adoption, and the provisions of Code section 74-414, relating to notice of adoption, shall also apply to the adoption of adults. Section 74-416. Effect of Foreign Judgment. A decree of a court terminating the relationship of parent and child or establishing the relationship of parent and child by adoption issued pursuant to due process of law by a court of any other jurisdiction within or without the United States shall be recognized in this State and the rights and obligations of the parties as to matters within the jurisdiction of this State shall be determined as though the decree were issued by a court of this State. Section 74-417. Records; Where Kept; Examination. The original petition, all amendments thereto, and all decrees or orders of any kind whatsoever, except the original investigation report of the investigating agent as provided for in Code section 74-409, shall be recorded in a book kept for that purpose and properly indexed; and such books shall be part of the records

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of the court in each county that has jurisdiction over matters of adoption in that county. All of the records of the court granting the adoption (including the docket book) and of the Department of Human Resources that relate in any manner to the adoption shall be kept sealed and locked and can only be examined when, after written petition has been presented to the court having jurisdiction, the said court has entered an order permitting such examination. The records relating in any manner to adoptions shall not be open to the general public for inspection. Only the parties at interest in the adoption and their attorneys shall have the right to examine such records, and then only when good cause has been shown in writing to the court and an order entered thereon, as hereinbefore provided in this Section. Section 74-418. Unlawful Advertisements and Unlawful Inducements; Penalty. (a) It shall be unlawful for any person or persons, organizations, corporation, hospital, or association of any kind whatsoever which has not been established as a licensed child-placing agency by the Department of Human Resources to advertise in any periodical, by television, by radio, or any other public medium, or by any private means including letters, circulars, handbills, and oral statements, that they will adopt children or arrange for, or cause children to be adopted or placed for adoption or to directly or indirectly hold out inducements to parents to part with their children. (b) Any person violating the provisions of this section shall be guilty of a felony and shall be fined not more than $10,000 or imprisoned for not more than ten (10) years, or both, in the discretion of the court. Section 2. An Act approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, amending and revising the adoption laws, as amended, is hereby repealed in its entirety. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section,

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subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. This Act shall become effective January 1, 1978. Effective Date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1977. GEORGIA BARBER ACT AMENDEDSTATE BOARD OF BARBERS CHANGED. No. 86 (Senate Bill No. 37). An Act to amend an Act known as the Georgia Barber Act, approved April 19, 1973 (Ga. L. 1973, p. 1450), so as to change the composition of the Georgia State Board of Barbers; to change the manner of appointment of Board members; to provide for terms of office; to change the provisions relating to removal of members; 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 Barber Act, approved April 19, 1973 (Ga. L. 1973, p. 1450), is hereby amended by striking section 4 in its entirety, which reads as follows: Section 4. Georgia State Board of Barbers created; present members of Board; successors. There is hereby created a Georgia State Board of Barbers. The members of the Georgia State Board of Barbers, created by an Act approved April 13, 1971 (Ga. L. 1971, p. 870), in office on the effective date of this Act shall continue to serve as members of the Board until the expiration of

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their respective terms or until a vacancy shall exist in their membership on said Board, for any reason. Successors to such members shall be appointed as provided by the provisions of this Act; provided, however, that no person shall be appointed as a member of the Georgia State Board of Barbers if such appointment would result in a Board of more than three members. Section 2. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. Georgia State Board of Barbers created; appointment; terms; quorum. There is hereby created a Georgia State Board of Barbers. The Board shall consist of five members, each of whom shall be appointed by the Governor, and approved by the Secretary of State and confirmed by the Senate. The initial members shall be appointed as follows: two members for twoyear terms and until their successors are appointed and qualified; three members for three-year terms and until their successors are appointed and qualified. Thereafter, all members shall be appointed for terms of three years and until their successors are elected and qualified. Members currently serving on said Board shall serve through June 30, 1977, at which time said terms of office shall expire and new members shall be appointed as provided for herein. Members currently serving on said Board shall be eligible for reappointment. A majority of the Board members shall constitute a quorum for all Board business and, with the exception of hearings in contested cases, may conduct business by conference telephone. The Governor may remove any member of the Board for failure to attend meetings, neglect of duty, incompetence, revocation or suspension of his license or other dishonorable conduct. After such removal or vacancy due to death or resignation, the Governor shall appoint a successor as provided herein to serve the unexpired term. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1977.

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PROHIBITION ON FEEDING GARBAGE TO SWINE BROADENEDPROVIDERS DEEMED CULPABLE. No. 87 (Senate Bill No. 38). An Act to amend an Act prohibiting the feeding of garbage to swine, approved March 4, 1953 (Ga. L. 1953, p. 480), as amended, particularly by an Act approved March 11, 1971 (Ga. L. 1971, p. 60), so as to deem providers of garbage also culpable and responsible for the feeding of garbage to swine by persons, firms, partnerships, corporations, associations, agencies, departments or other political subdivisions of the State, or other entities in violation of the aforesaid Acts; to provide 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 the feeding of garbage to swine, approved March 4, 1953 (Ga. L. 1953, p. 480), as amended, particularly by an Act approved March 11, 1971 (Ga. L. 1971, p. 60), is hereby amended by adding at the end of subsection 2A(a) and before subsection 2A(b) the following sentence: Persons, firms, partnerships, corporations, associations, agencies, departments or other political subdivisions of the State, or other entities negligently or intentionally providing garbage or sources of garbage to those found to be feeding garbage to swine in violation of this Act shall be deemed culpable and responsible for the violative acts of feeding just as are the actual feeders of the garbage. 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. Approved February 25, 1977.

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HEARSAY EVIDENCESTATEMENTS MADE FOR MEDICAL DIAGNOSIS ADMISSIBLE. Code Ch. 38-3 Amended. No. 88 (Senate Bill No. 55). An Act to amend Code Chapter 38-3, relating to hearsay evidence, so as to provide that certain statements made for purposes of medical diagnosis or treatment shall be admissible in evidence; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 38-3, relating to hearsay evidence, is hereby amended by adding at the end thereof a new Code section 38-315, to read as follows: 38-315. Statements for purposes of medical diagnosis or treatment. Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment shall be admissible in evidence. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1977. BOARD OF REGENTS AND BOARD OF EDUCATIONCOMPENSATION CHANGED, ETC. Code 32-111 Amended. No. 89 (Senate Bill No. 92). An Act to amend Code section 32-111, providing for the compensation and expenses for members of the Board of Regents,

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as amended, so as to change the provisions relating to compensation and expenses of members of the Board of Regents; to change the maximum number of days for which a member may receive expenses; to amend an Act providing that the State Board of Education or a committee thereof may hold meetings anywhere within or without the State, approved February 18, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 110), so as to change the provisions relative to the compensation and expenses of the members of the Board of Education; 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 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 32-111, to read as follows: Section 32-111. Members of the Board of Regents shall receive the sum of $36 per day for each day of actual attendance at meetings of the Board or for each day of travel, within or without the State, as a member of a committee of said Board which has been authorized by the Chairman or by action of the Board, in addition to actual expenses incurred in connection therewith and actual costs of transportation to and from the place of meeting or place of visits or inspections. No member shall be authorized to receive the sums, expenses and costs provided by this section for more than 60 days per year. Said sums, expenses and costs shall be paid from funds appropriated to or otherwise available to the Board of Regents. Board of Regents. Section 2. An Act providing that the State Board of Education or a committee thereof may hold meetings anywhere within or without the State, approved February 18, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 110), is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. All members of the State Board of Education shall receive the sum of $36 per day for each day of actual attendance

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at meetings of the Board or for each day of travel, within or without the State, as a member of a committee of said Board which has been authorized by the Chairman or by action of the Board, in addition to actual expenses incurred in connection therewith and actual costs of transportation to and from the place of meeting or place of visits or inspections. No member shall be authorized to receive the sums, expenses and costs provided by this section for more than 60 days per year. Said sums, expenses and costs shall be paid from funds appropriated to or otherwise available to the State Department of Education. Board of Education. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1977. DEPARTMENT OF PUBLIC SAFETY ACT AMENDEDLOGISTICS OFFICER AND COMPTROLLER PROVIDED FOR. No. 90 (Senate Bill No. 135). An Act to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, pp. 322, 328), as amended by an Act approved February 3, 1943 (Ga. L. 1943, p. 201), by an Act approved January 30, 1946 (Ga. L. 1946, p. 39), by an Act approved February 13, 1952 (Ga. L. 1952, p. 130), by an Act approved March 1, 1955 (Ga. L. 1955, p. 300), by an Act approved March 9, 1956 (Ga. L. 1956, p. 573), by an Act approved February 26, 1957 (Ga. L. 1957, p. 103), by an Act approved March 25, 1958 (Ga. L. 1958, p. 298), by an Act approved February 17, 1960 (Ga. L. 1960, p. 133), and by an Act approved April 24, 1975 (Ga. L. 1975, p. 1116), so as to change the composition of the headquarters' staff of the Uniform Division of the Department of Public Safety; to provide for a logistics officer; to provide for a comptroller; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, pp. 322, 328), as amended by an Act approved February 3, 1943 (Ga. L. 1943, p. 201), by an Act approved January 30, 1946 (Ga. L. 1946, p. 39), by an Act approved February 13, 1952 (Ga. L. 1952, p. 130), by an Act approved March 1, 1955 (Ga. L. 1955, p. 300), by an Act approved March 9, 1956 (Ga. L. 1956, p. 573), by an Act approved February 26, 1957 (Ga. L. 1957, p. 103), by an Act approved March 25, 1958 (Ga. L. 1958, p. 298), by an Act approved February 17, 1960, p. 133), and by an Act approved April 24, 1975 (Ga. L. 1975, p. 1116), is hereby amended by striking from the first sentence of paragraph (a) of section 2 the following: Treasurer, and inserting in lieu thereof the following: Logistics Officer, and by striking from the second sentence of paragraph (a) of section 2 the following: and Treasurer, so that when so amended, paragraph (a) of section 2 shall read as follows: (a) The headquarters' staff shall be composed of the Commissioner; Deputy Commissioner; Commanding Officer with rank and pay of major; Logistics Officer with rank and pay of major; Suspension and Revocation Supervisor and Supervisor of Safety Responsibility with rank and pay of captain; Drivers Service Section Supervisor with rank and pay of captain; Accident Reporting Division Supervisor with rank and pay of captain; Safety Education Supervisor with rank and pay of captain; Personnel Officer with rank and pay of captain; Chief Radio Engineer and Supervisor of Radio Division with rank and pay of captain; Training and Indoctrination Officer with rank and pay of captain; and such commissioned and noncommissioned officers and troopers and clerical force as the Commissioner deems necessary for use at headquarters. The personnel of the headquarters'

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staff, except the Commanding Officer, shall not be included in the complement of the battalion hereinafter shown. The clerical duties at headquarters shall be performed by such headquarters' staff with the right in the Commissioner of Public Safety to transfer any member of such headquarters' staff to any other division or district for any other duty he may see fit. Section 2. Said Act is further amended by adding immediately after paragraph (h) of section 2, a new paragraph to be designated paragraph (i), to read as follows: (i) The Commissioner of the Department of Public Safety shall appoint a Comptroller to insure the proper receipt, accounting and disbursement of Department of Public Safety funds, who shall not be a member of the Uniform Division of the Department of Public Safety and who shall give a good and sufficient surety bond in the amount of $100,000 conditioned for the faithful discharge of his duties and the faithful accounting of all funds coming into his hands, payable to the Governor of Georgia and his successors in office and to be approved by the Commissioner of the Department of Public Safety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1977. GWINNETT JUDICIAL CIRCUIT ACT AMENDEDSUPERIOR COURT JUDGES' SUPPLEMENT CHANGED. No. 91 (Senate Bill No. 158). An Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 10, 1968 (Ga. L. 1968, p. 1365), so as to change the supplement to the salary of each of the judges of the superior court of the Gwinnett Judicial Circuit from the funds of Gwinnett County;

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to provide for a reduction of the supplement to the salary of each of the judges of the superior court of the Gwinnett Judicial Circuit under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 10, 1968 (Ga. L. 1968, p. 1365), is hereby amended by adding a new section 2B, immediately following section 2A, to read as follows: Section 2B. In addition to the State salary and county supplement to the State salary of each of the judges of the superior court of the Gwinnett Judicial Circuit, the salary of each judge shall be supplemented by an additional $3,000.00 per annum, payable in equal monthly installments out of the funds of Gwinnett County. The governing authority of Gwinnett County is hereby authorized and directed to pay the additional county supplement to each judge, as provided herein. Provided, however, the county supplement to each judge of the superior court of the Gwinnett Judicial Circuit authorized herein shall be reduced by the amount of any increase in the State salary of said judges in excess of $32,500.00 per annum, except that said reduction shall not exceed $3,000.00. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Gwinnett County. Personally appeared before the undersigned authority, Bruce Still, who, being first sworn according to law, says that he is the publisher of The Home Weekly, the official newspaper in which the sheriff's advertisements, in and for said County are published and that the publication of which the annexed is a true copy, was published in said paper on the 22nd day of December, 1976 and once each week thereafter for a total of three consecutive weeks as provided by law.

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This 7th day of January, 1977. /s/ Bruce Still Sworn to and subscribed before me, this 7th day of January, 1977. /s/ Betty M. Reepe Notary Public Gwinnett County, Georgia Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1977 session of the General Assembly of Georgia a bill to amend the Act creating the Gwinnett Judicial Circuit so as to increase the supplement to the compensation of the Judges of the Gwinnett Superior Court and for other purposes. This 14th day of December, 1976. Approved February 25, 1977. CHIROPRACTIC REDEFINED. Code Section 84-501 Amended. No. 92 (Senate Bill No. 163). An Act to amend Code section 84-501, relating to the definition of the term chiropractic for purposes of provisions respecting chiropractors, so as to redefine such term; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-501, relating to the definition of the term chiropractic for purposes of provisions respecting chiropractors, is hereby amended by adding at the end thereof,

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after the words and symbol, therapeutical purposes., the following: The term `chiropractic' as used in this Chapter also shall mean that separate and distinct branch of the healing arts whose science and art utilizes the inherent recuperative powers of the body and the relationship between the musculoskeletal structures and functions of the body, particularly of the spinal column and the nervous system, in the restoration and maintenance of health. Chiropractic is a learned profession which teaches that the relationship between structure and function in the human body is a significant health factor and that such relationships between the spinal column and the nervous system are the most significant, since the normal transmission and expression of nerve energy are essential to the restoration and maintenance of health. Provided, however, `chiropractic' as used in the Chapter shall not mean or allow the use of drugs or surgery. A licensed practitioner of chiropractic may only use the title `chiropractor', or `Doctor of Chiropractic', or `D.' C.'., so that when so amended Code section 84-501 shall read as follows: 84-501. `Chiropractic' defined. The term `chiropractic' as used in this Chapter means the adjustment of the articulation of the human body, including ilium, sacrum and coccyx, and in the use of electricity X-ray photography, but the X-ray shall not be used for therapeutical purposes. The term `chiropractic' as used in this Chapter also shall mean that separate and distinct branch of the healing arts whose science and art utilizes the inherent recuperative powers of the body and the relationship between the musculoskeletal structures and functions of the body, particularly of the spinal column and the nervous system, in the restoration and maintenance of health. Chiropractic is a learned profession which teaches that the relationship between structure and function in the human body is a significant health factor and that such relationships between the spinal column and the nervous system are the most significant, since the normal transmission and expression of nerve energy are essential to the restoration and maintenance of health. Provided, however, `chiropractic' as used

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in the Chapter shall not mean or allow the use of drugs or surgery. A licensed practitioner of chiropractic may only use the title `Chiropractor', or `Doctor of Chiropractic', or `D. C.'. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1977. TAX COMMISSIONER'S SALARY ACT FOR CERTAIN COUNTIES REPEALED (35,000-44,000). No. 95 (Senate Bill No. 177). An Act to repeal an Act to fix the salary of the tax commissioner in all counties of this State having a population of not less than 35,000 and not more than 44,000 according to the United States Decennial Census of 1970 or any future such census, approved March 18, 1976 (Ga. L. 1976, p. 3005); to provide 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 fix the salary of the tax commissioner in all counties of this State having a population of not less than 35,000 and not more than 44,000 according to the United States Decennial Census of 1970 or any future such census, approved March 18, 1976 (Ga. L. 1976, p. 3005), is hereby repealed in its entirety. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1977.

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ROMEJUDICIAL CIRCUIT - ASSISTANT DISTRICT ATTORNEY - SALARY CHANGED. No. 97 (Senate Bill No. 222). An Act to amend an Act placing the District Attorney of the Rome Judicial Circuit on an annual salary, approved February 28, 1956 (Ga. L. 1956, p. 385), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 686), so as to change the compensation provisions relating to the Assistant District Attorney to conform to State standards; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the District Attorney of the Rome Judicial Circuit on an annual salary, approved February 28, 1956 (Ga. L. 1956, p. 385), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 686), 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. Said Assistant District Attorney shall be paid a salary not to exceed that of Assistant District Attorneys who are paid from State funds pursuant to the provisions of an Act approved March 24, 1970 (Ga. L. 1970, p. 716), as now or as may be hereafter amended. The amount of compensation to be paid to said Assistant District Attorney shall be determined by the District Attorney in the same way and manner as the salaries of Assistant District Attorneys who are paid from State funds pursuant to said Act. When determined as aforesaid, the District Attorney shall notify the governing authority of Floyd County of such determination. The salary of the said Assistant District Attorney of the Rome Judicial Circuit shall be paid in equal monthly installments. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the

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regular 1977 session of the General Assembly of Georgia, a bill to conform to state standards the compensation of the Assistant District Attorney of the Rome Judicial Circuit; and for other purposes. This 6th day of January 1977. Sam W. Doss, Jr. Senator, 52nd District E. M. Buddy Childers Representative 15th District Lucian Oldham Representative 14th District E. B. Toles Representative, 16th District Jan. 10, 17, 24 Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam W. Doss, Jr. who, on oath, deposes and says that he is Senator from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: January 10, 17 and 24, 1977. /s/ Sam W. Doss, Jr. Senator, 52nd District Sworn to and subscribed before me, this 3rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. Approved February 25, 1977.

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TROUBLED CHILDREN STUDY COMMITTEE CREATED. No. 2 (House Resolution No. 35-158). 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 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.; and Whereas, the Troubled Children Study Committee, created by Senate Resolution 315 during the 1976 Session of the Georgia General Assembly, has faithfully carried out its duties to study and review existing programs serving troubled children and the means by which improved services can be developed, but has found the area of inquiry so vast as to require further study and review by said Committee to insure that adequate information is obtained to make more meaningful recommendations as to the needed changes. 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

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on existing services, and to study budget proposals necessary to improve on existing services and to implement such improved services. The Committee is further authorized to conduct meetings at such places, including places without the State, and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The Department of Human Resources is authorized to furnish such assistance to the Committee as the Committee deems appropriate, and the Department is further authorized to employ consultants to assist the Committee. Each member of the Committee except State officials and employee members shall receive for his services on the Committee the expenses and allowances authorized by law for members of interim legislative committees. State officials and employee members of the Committee shall receive no compensation for their services, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the Committee. The funds necessary for the reimbursement of the expenses of State officials and employee members shall come from funds appropriated or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1978 Session of the General Assembly on or before December 31, 1977, at which time the Committee shall stand abolished. Approved March 4, 1977. CORONERS' FEES FOR INQUESTS SET IN CERTAIN COUNTIES (72,500-85,000). No. 100 (Senate Bill No. 179). An Act to increase the fees of coroners for services in connection with the holding of inquests in certain counties; to provide an

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effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of the State having a population of not less than 72,500 nor more than 85,000 inhabitants, according to the 1970 United States Decennial Census, or any future United States Census, the fees for coroners for summoning an inquest on a dead body and returning an inquisition shall be fifty dollars ($50.00). 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977. MAGISTRATE'S COURTS CREATED IN CERTAIN COUNTIES (8,340-8,700). No. 101 (Senate Bill No. 293). An Act to create a court to be known as the Magistrate's Court for each county of this State having a population of not less than 8,340 and not more than 8,700, according to the United States Decennial Census of 1970, or any future such census; to define its jurisdiction and powers; to provide for the appointment, duties and compensation of the presiding officer, who shall be designated Magistrate; to provide for the appointment, duties and compensation of Deputy Magistrates and a Clerk; to provide for the keeping of dockets; to provide for the reporting of cases; to provide an oath for the Magistrate and Deputy Magistrates; 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. There is hereby created a court, which shall be known as the Magistrate's Court, in each county of this State having a population of not less than 8,340 and not more than 8,700, according to the United States Decennial Census of 1970, or any future such census, and which shall have the powers and duties hereinafter set out. Creation. Section 2. There shall be a presiding officer of such court who shall be known as the Magistrate. The Judge of the Small Claims Court of any such county shall serve as the Magistrate. All matters regarding the qualifications, term and appointment of said Magistrate shall be the same as provided by law for said Judge of the Small Claims Court; provided, however, that the Magistrate may be removed by the joint action of the Judges of the superior courts of the judicial circuit. Should a vacancy be caused by the death, resignation or removal of any Magistrate, such vacancy shall be filled by appointment by said Judges for the unexpired term. Any Magistrate appointed to fill such vacancy for the unexpired term shall have and exercise all the powers and duties of the office and shall receive the compensation of said office during his tenure. Magistrate. Section 3. The Magistrate may appoint not more than three Deputy Magistrates with the consent of the Judges of the superior courts of the judicial circuit. The Deputy Magistrates shall serve at the pleasure of the Magistrate and under his supervision and direction. Deputy Magistrate. Section 4. The Magistrate of said Court may appoint a person to act as Clerk of said Court. Clerk. Section 5. The Magistrate, the Deputy Magistrates and the Clerk of said Court shall have criminal jurisdiction to issue warrants for the apprehension of any person charged on oath with the violation of any penal law in such county, returnable to any court in the county, and are also empowered to issue search warrants and peace warrants. Jurisdiction. Section 6. The Magistrate and the Deputy Magistrates shall also have jurisdiction to hold courts of inquiry to examine into an

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accusation against a person arrested and brought before them, to accept and approve bonds pending commitment hearings and bonds pending indictment and trial, and to discharge any and all other functions which under the laws of this State are performable by a justice of the peace; provided, however, that said Magistrate's Court shall not receive, and shall not be entitled to receive, any fees now or hereafter provided for justices of the peace. The time of such inquiry shall be determined by the Magistrate and shall be held at the courthouse in the county. Section 7. The Magistrate of said Court shall receive a salary of $4,800.00 per annum, payable in equal monthly installments out of the treasury of the county. Salaries. Section 8. The compensation of the Deputy Magistrates and the Clerk, and all necessary expenses of the Magistrate's Court shall be paid by the Magistrate of said Court from his salary and not from the treasury of the county. Section 9. It shall be the duty of the Magistrate of said Court to insure that there is kept a public docket of all criminal warrants issued, hearings held and the amounts of bonds posted. Docket. Section 10. Before entering upon the discharge of the duties of their office, the Magistrate and the Deputy Magistrate shall take and subscribe before a judge of the superior court of the county the following oath: Oath. I solemnly swear that I will administer justice as announced by the law and not of my personal determination, without respect to persons, and do equal right to all persons and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Magistrate or Deputy Magistrate of the Magistrate's Court of..... County, according to the best of my ability and understanding and in accordance with the laws and Constitution of this State and the Constitution of the United States, so help me, God. Section 11. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of

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this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part of parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 12. 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 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977. REPORTING OF CHILD ABUSEPSYCHOLOGISTS AND DAY CARE PERSONNEL INCLUDED. Code Section 74-111 Amended. No. 102 (House Bill No. 48). An Act to amend Code section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions and others, as amended, so as to require psychologists and day care personnel to make reports of suspected child abuse; to provide that any person may report a case of suspected child abuse; to provide that reports shall be made to a child welfare agency providing protective services, as designated by the Department of Human Resouces; to provide for immunity from liability; to provide for criminal penalties for failure of certain persons to make reports; 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 74-111, relating to reports of child abuse by physicians, treating personnel, institutions and others, as amended, is hereby amended by adding in subsection (a), between

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the word dentist and the symbol and word ,podiatrist, the following: ,psychologist, and by adding between the words child care personnel and the words or law enforcement personnel, the following: ,day care personnel, and by adding at the end thereof a new paragraph to read as follows: Any other person having cause to believe that a child has had physical injury or injuries inflicted upon him other than by accidental means by a parent or caretaker, or has been neglected or exploited by a parent or caretaker, or has been sexually assaulted, may report or cause reports to be made in accordance with the provisions of this Code section., so that when so amended, subsection (a) shall read as follows: (a) Reports by Physicians, Treating Personnel, Institutions and Others. Any physician, including any doctor of medicine licensed to practice under Chapter 84-9 of the Code of Georgia of 1933, as amended, licensed osteopathic physician, interim, resident, dentist, psychologist, podiatrist, public health nurse, social worker, teacher, school administrator, child care personnel, day care personnel or law enforcement personnel having cause to believe that a child under the age of eighteen has had physical injury or injuries inflicted upon him other than by accidental means by a parent or caretaker, or has been neglected or exploited by a parent or caretaker, or has been sexually assaulted, shall report or cause reports to be made in accordance with the provisions of this section: provided, however, that when the attendance of the reporting person with respect to a child is pursuant to the performance of services as a member of the staff of a hospital, school, social agency or similar facility, he shall notify the person in charge of the facility or his designated delegate who shall report or cause reports to be made in accordance with the provisions of this section.

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Any other person having cause to believe that a child has had physical injury or injuries inflicted upon him other than by accidental means by a parent or caretaker, or has been neglected or exploited by a parent or caretaker, or has been sexually assaulted, may report or cause reports to be made in accordance with the provisions of this Code section, Section 2. Said Code section is further amended by adding in subsection (b), following the words and symbol protective services,, the following: as designated by the Department of Human Resources,, so that when so amended, subsection (b) shall read as follows: (b) Nature and Content of Report; to whom made. An oral report shall be made immediately by telephone or otherwise, and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources and to an appropriate police authority. Such reports shall contain the names and addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries (including any evidence of previous injuries), and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Section 3. Said Code section is further amended by renumbering subsection (d) as subsection (e) and inserting a new subsection (d) to read as follows: (d) Sanctions for Failure to Report. Any person or official required by this Code section to report a suspected case of child abuse who knowingly and willfully fails to do so shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977.

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AGRICULTUREGRAIN DEALERS ACT AMENDEDLICENSING AND BONDING CHANGED. No. 103 (House Bill No. 55). An Act to amend an Act regulating the sales, operations, practices and procedures of grain dealers, approved March 18, 1976 (Ga. L. 1976, p. 512), so as to exempt from the licensing and bonding provisions contained therein those grain dealers already in compliance with the licensing and bonding requirements of the Georgia State Warehouse Act (Ga. L. 1953, Nov. Sess. p. 412), as amended; to require surety bonding for each physical location of grain-dealing activity utilized by a grain dealer licensed pursuant to the aforesaid Act and operating in multiple locations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating the sales, operations, practices, and procedures of grain dealers, approved March 18, 1976 (Ga. L. 1976, p. 512), is hereby amended by adding at the end of section 2, and between subsection 2(b) and section 3, a new subsection 2(c), to read as follows: (c) All persons licensed and bonded in accordance with the Georgia State Warehouse Act. 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. 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 volume 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; provided, however, that if a licensed grain dealer operates his grain-dealing activities at more than one

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physical location, he shall furnish a surety bond for each location of grain-dealing activities, each bond to be computed as hereinabove stated and each bond shall be subject to the above-stated minimum and maximum amounts. The bonds shall be executed by a surety corporation authorized to transact business in the State of Georgia. Such bonds shall be upon forms prescribed 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, to the same claims and actions as would exist against a surety bond. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977. DEPARTMENT OF PUBLIC SAFETYAWARD FOR EMPLOYEE EXCELLENCE AUTHORIZED. No. 104 (House Bill No. 75). An Act to authorize the Department of Public Safety to make awards to employees of the Department in recognition of outstanding service, heroism, and other exemplary acts to or on behalf of the Department or State; to provide for defraying the costs thereof; to provide for the promulgation of rules and regulations pursuant 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 Department of Public Safety shall have the authority to make awards to employees of the Department in recognition of outstanding service, heroism, and other exemplary acts to or on behalf of the Department or the State arising out of

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the performance of their duties. All expenditures incurred in making such awards shall be defrayed from the Department's regular operating budget, and shall not exceed one-hundred dollars ($100.00) per award. Section 2. The Commissioner of Public Safety shall promulgate rules and regulations in connection with granting the awards provided for herein. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDCERTAIN VEHICLES EXEMPTED FROM REAR WHEEL FLAP REQUIREMENT. No. 105 (House Bill No. 83). An Act to amend an Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 433), so as to except certain vehicles from the requirement that metal protectors or substantial flexible flaps be maintained on the rearmost wheels of certain motor vehicles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 433), is hereby amended by striking from paragraph (15) of subsection (a) of section 126 the following:

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(with the exception of local haul pulpwood trucks), and substituting in lieu thereof the following: (with the exception of local haul pulpwood trucks and local haul waste collection dumping trailers), so that when so amended, said paragraph shall read as follows: (15) Tire covers. Every bus, truck, full trailer, semitrailer and pole trailer (with the exception of local haul pulpwood trucks and local haul waste collection dumping trailers) shall be equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels to prevent, as far as practicable, such wheels from throwing dirt, gravel, rocks, water or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-half of the distance from the center of the rearmost axle to the center of the protector or flap under any conditions of loading of the vehicle and shall be at least as wide as the tires they are covering; provided, however, that if any such bus, truck, full trailer, semitrailer or pole trailer is so designed and constructed that the foregoing requirements are accomplished by means of fenders, body construction or other enclosures, then the protectors or flaps provided for herein shall not be required. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977. LAND SURVEYORS' ACT. Code Ch. 23-4 Amended. No. 106 (House Bill No. 201). An Act to amend Code Chapter 23-4, relating to settling disputed county lines, as amended, so as to change the procedures and proceedings for settling disputed county lines; to provide for

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surveys by land surveyors; to change the provisions relating to the expenses and costs of surveys; to provide for the payment of costs and expenses; to provide for practices and procedures; 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 23-4, relating to settling disputed county lines, as amended, is hereby amended by striking from Code section 23-401, wherever the same shall appear, the following: surveyor, and inserting in lieu thereof the following: land surveyor, so that when so amended, Code section 23-401 shall read as follows: 23-401. Proceedings to settle dispute; appointment of land surveyor. Wherever the boundary line between two or more counties shall be in dispute, and the grand jury of either county shall present that the same requires to be marked out and defined, it shall be the duty of the clerk of the superior court in the county where such presentments were made to certify such presentments to the Governor, and the Governor shall appoint some suitable and competent land surveyor who shall not reside in either county, to survey, mark out, and define the boundary line in dispute, and return such survey with plat to the Secretary of State's office to be recorded in a book to be kept for that purpose. Institution of Proceedings. Section 2. Said Code Chapter is further amended by striking from Code section 23-402 the following: surveyor, and inserting in lieu thereof the following:

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land surveyor, so that when so amended, Code section 23-402 shall read as follows: 23-402. Notice of survey.Before the land surveyor shall proceed to make the survey, he shall by mail or personally give the authorities having charge of the revenues of the counties at least 10 days' notice of the time and place intended to commence the survey. Notice to Revenue Authorities. Section 3. Said Code Chapter is further amended by striking from Code section 23-403, wherever the same shall appear, the following: surveyor, and inserting in lieu thereof the following: land surveyor, so that when so amended, Code section 23-403 shall read as follows: 23-403. Land surveyor to furnish copies of survey and plat.The land surveyor appointed by the Governor to survey, mark out, and define the boundary line in dispute shall furnish the judges of the probate courts or chairmen of the board of county commissioners of the respective counties with a copy of the survey and plat made and returned by him to the Secretary of State, at the same time such survey and plat is made and returned to the Secretary of State. Officials to receive copies. Section 4. Said Code Chapter is further amended by striking Code section 23-407, which reads as follows: Section 23-407. Compensation of surveyor and laborers. The surveyor shall receive as compensation the sum of $ 35 per day while actually engaged in making a survey; he shall not be allowed more than $ 12 per day for the paying of each chaincarrier, flag-bearer, and laborer, necessary to clearly mark out and define such line. The surveyor when applying to the proper county

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authority for payment shall file an affidavit to the effect that he has only employed the necessary personnel., in its entirety, and inserting in lieu thereof a new Code section 23-407, to read as follows: Section 23-407. Compensation of land surveyor. The land surveyor shall receive a fee to be fixed by the Surveyor General of the State or his designated deputy or assistant. Such fee shall be based upon reasonable compensation for the work to be performed and the rates normally charged by land surveyors in the same geographical area as the disputed line. Such fee shall be negotiated prior to the commencement of the survey. It shall be the duty of the Surveyor General to notify the governing authorities of the counties affected, prior to the commencement of the survey, of the fee which has been negotiated. Surveyor's fee. Section 5. Said Code Chapter is further amended by striking Code section 23-408, which reads as follows: 23-408. Fees and expenses to be paid by counties interested.The fees and expenses allowed in the preceding section shall be divided equally and chargeable to the counties interested in the establishment of such line, upon the affidavit of the surveyor., in its entirety, and inserting in lieu thereof a new Code section 23-408, to read as follows: 23-408. Fees and expenses to be paid by counties affected.It shall be the duty of the governing authorities of each of the counties affected by such survey to pay that proportion of the fee established under the provisions of Code section 23-407 that such county bears to the total number of counties directly affected by the survey. The payment of such fees is hereby declared to be a public purpose and the governing authority of each county affected is hereby authorized and directed to pay such fees and to levy such taxes as may be necessary for the payment of such fees. Payment. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDEDREQUIREMENTS FOR DUPLICATES CHANGED. No. 107 (House Hill No. 202). An Act to amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, so as to change the requirements relating to the issuance of a replacement certificate of title; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, is hereby amended by striking paragraph (b) of section 14 in its entirety and inserting in lieu thereof a new paragraph (b), to read as follows: (b) When the vehicle for which a replacement certificate of title has been issued is transferred to a new owner, the Commissioner shall not issue the transferred certificate of title to the transferee until fifteen (15) days after receipt of the application. The certificate of title issued to the transferee shall continue to contain the legend: `This is a replacement certificate and may be subject to the rights of a person under the original certificate.' After a replacement certificate has been issued and the records of the Commissioner show that the owner has held record title continuously for a period of not less than six calendar months and the record title of the owner has not been challenged, then

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the Commissioner may, upon proper application, issue a replacement title, which shall simply contain the legend `Replacement Title.' Section 2. Said Act is further amended by striking paragraph (c) of section 14 in its entirety and inserting in lieu thereof a new paragraph (c), to read as follows: (c) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the Commissioner. Where the owner named in a replacement certificate of title, or transferee, recovers the original certificate he may surrender the original certificate together with the replacement title and if he is otherwise entitled to a certificate the Commissioner may issue him a new certificate of title with no legend thereon. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977. ABANDONED AUTOSDEFINITION CHANGED, ETC. Code Ch. 68-23 Amended. No. 108 (House Bill No. 210). An Act to amend an Act providing for the sale of certain abandoned motor vehicles, approved March 23, 1972 (Ga. L. 1972, p. 342), as amended, which Act has been codified as Code Chapter 68-23, so as to change certain provisions relative to the definition, removal, sale, notice and proceeds of sale of abandoned motor vehicles; 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 providing for the sale of certain abandoned motor vehicles, approved March 23, 1972 (Ga. L. 1972, p. 342), as amended, which Act has been codified as Code Chapter 68-23, is hereby amended by striking section 1 of said Act and inserting in lieu thereof a new section 1, to read as follows: Definition. Section 1. For the purposes of this Act, an `abandoned motor vehicle' shall mean a motor vehicle and/or trailer: (a) Which has been left by the owner, or some person acting for the owner, with an automobile dealer, repairman or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of sixty (60) days after the time agreed upon and within sixty (60) days after such vehicle is turned over to such dealer, repairman or wrecker service when no time is agreed upon, or within sixty (60) days after the completion of necessary repairs. (b) Which is left unattended on a public street, road or highway or other public or private property for a period of at least ten (10) days. (c) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than sixty (60) days without anyone having made claim thereto. (d) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than sixty (60) days without anyone having made claim thereto. 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 person removing and storing such vehicle shall diligently seek the identity of the owner and shall notify such owner of the vehicle. If the owner cannot be ascertained, the person impounding the vehicle shall advertise in a newspaper of general circulation in the county where the vehicle was obtained a complete description of the vehicle and shall furnish in

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writing a complete description of the vehicle, including its serial and license numbers, to the Department of Public Safety. Upon a person removing and storing a vehicle without making a good faith effort to ascertain and notify the owner, the said person shall not be entitled to expenses for removal and storage. Search for owner. Any law enforcement agency, who causes a vehicle to be removed to the property of another, may elect to comply with the provisions of this section. Any property owner, on whose property the vehicle was abandoned, shall comply with the requirements of this section, if said abandoned vehicle is to be sold by the property owner. Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. An abandoned motor vehicle may be sold at public auction by any automobile dealer, wrecker service or repair service owner, or by any person or firm on whose property a motor vehicle has been brought pursuant to subsections (c) and (d) of section 1 of this Act, or by any property owner on whose property the vehicle was abandoned, or by any law enforcement agency who has an agreement with the person or firm on whose property the abandoned vehicle has been brought pursuant to subsections (c) and (d) of section 1 of this Act. Upon payment of the sales price, the purchaser shall be entitled to and the person making such sale shall issue to him a bill of sale to such abandoned motor vehicle, free and clear of all liens and encumbrances. Any such purchaser may obtain a certificate of title to any such motor vehicle so purchased by filing the prescribed application, accompanied by a certified copy of the bill of sale, and the payment of the lawful fees therefor, and upon compliance with such requirements by such purchaser, it shall be the duty of the State Revenue Commissioner to issue such certificate of title. Such new certificate of title shall be free and clear of all claims of former owners and lienholders. Sale at auction. Section 4. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows:

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Section 5. Notice by Registered Mail at least twenty (20) days prior to the date of sale shall be sent to the person or legal entity in whose name the vehicle is registered and to all persons claiming a lien on such vehicle as shown by the records of the State Department of Revenue of Georgia or with corresponding agencies of any other state. In addition, notice of the time and place of such sale shall be given by publication of such notice once a week for two (2) successive weeks in a newspaper of general circulation, published in the county in which such automobile dealer, wrecker service or repair service owner has its fixed place of business, or in the county where such vehicle was lawfully towed at the request of a law enforcement officer, or where a person shall have such abandoned motor vehicle on his property. In counties in which no newspaper is published, notice shall be given by posting such notice in a conspicuous place at the courthouse. The first publication or posting, as the case may be, shall be at least twenty (20) days before the sale. The notice shall include a complete description of the vehicle and the date and place the vehicle was found or taken into possession. Notice to registrant. 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 clerk of the superior court shall retain the remaining balance of the proceeds of such sale for a period of twelve (12) months, and if no claim has been filed against such proceeds by the owner of the abandoned motor vehicle or any interested party, then he shall pay such remaining balance as follows: Proceeds. (a) If the abandoned motor vehicle came into the possession of the person making such sale other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made. (b) If the abandoned motor vehicle came into the possession of the person making such sale at the reuqest of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality.

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(c) If the abandoned motor vehicle came into the possession of the person making such sale at the request of a county sheriff, deputy sheriff or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made. (d) If the abandoned motor vehicle came into the possession of the person making such sale at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977. HOSPITALS, ETC. DISCIPLINARY ACTIONS AGAINST DOCTORS TO BE REPORTED. Code Ch. 89-19 Amended. No. 109 (House Bill No. 212). An Act to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to require hospitals and related institutions to submit written reports of certain actions involving persons authorized to practice medicine under Code Chapter 84-9 to the Composite State Board of Medical Examiners; to provide for the contents of such reports and the procedures for filing such reports; to provide that the failure to submit such reports shall be grounds for the denial, refusal to renew, or revocation of the permit issued to the institution; to provide for civil and criminal immunity; to provide for confidentiality of such reports; to provide for access to such reports; 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 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 section 88-1912, to read as follows: 88-1912. Reports of disciplinary actions against persons authorized to practice medicine under Code Chapter 84-9. -(a) The hospital administrator or chief executive officer of each institution subject to the provisions of this Code Chapter shall submit a written report to the Composite State Board of Medical Examiners when a person who is authorized to practice medicine in this State under Code Chapter 84-9, as now or hereafter amended, and who is a member of the medical staff or has medical staff privileges at the institution has his medical staff privileges denied, restricted, or revoked for any reason involving the medical care given his patient. This section shall not require reports of temporary suspensions for failure to comply with administrative and medical record regulations. (b) The written report required by subsection (a) shall be made within twenty working days following final action by the institution on the restriction, denial or revocation of medical staff privileges. The results of any legal appeal of such action shall be reported within twenty working days following a final court decision on such appeal. (c) The failure of an institution to comply with the provisions of this section shall be grounds for the denial, refusal to renew, or revocation of the permit for the operation of the institution issued pursuant to this Code Chapter. (d) The report required by this section shall contain a statement detailing the nature of the restriction, denial or revocation of medical staff privileges, the date such action was taken, and the reasons for such action. If the action is a voluntary resignation or restriction of medical staff privileges which was the result of action initiated by the institution, the report shall contain the circumstances involved therein. (e) There shall be no civil or criminal liability on the part of,

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and no cause of action for damages shall arise against, any hospital administrator, chief executive officer or other authorized person who in good faith complies with the provisions of this section. (f) Except as provided in this subsection, information contained in any report made to the Composite State Board of Medical Examiners pursuant to this Code section shall be confidential and shall not be disclosed to the public. Access to such reports shall be limited to members of the Composite State Board of Medical Examiners or its staff for their use and to interested institutions for their use in the review of medical staff privileges at the institution. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977. GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT AMENDED. No. 110 (House Bill No. 227). An Act to amend an Act known as the Georgia Residential Finance Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as amended by an Act approved April 29, 1975 (Ga. L. 1975, p. 1651), so as to change certain definitions; to add certain definitions; to delete the authority of ex officio members of the Authority to delegate certain powers to their deputies; to change the provisions relative to authorizing disbursements of bond proceeds by the Authority; to delete the provisions relative to State appropriations to the Authority; to change certain provisions relative to the capital reserve fund; 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 Residential Finance Authority Act, approved March 26, 1974 (Ga. L.

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1974, p. 975), as amended by an Act approved April 29, 1975 (Ga. L. 1975, p. 1651), is hereby amended by striking section 3(f) in its entirety and substituting in lieu thereof a new section 3(f), to read as follows: Definitions. (f) `Federally Aided Mortgage' shall mean any mortgage insured or guaranteed by an agency of the United States government or any mortgage receiving special benefits, directly or indirectly, under other federal laws designated specifically to develop low and moderate income housing and consistent with the provisions of this Act. Section 2. Said Act is further amended by striking in section 3(j), the following: principal office and place of business, and substituting in lieu thereof, the following: place of business, so that when so amended, section 3(j) shall read as follows: (j) `Lending Institution' shall mean any bank or trust company, savings and loan association, savings bank, insurance company, or mortgage banker or mortgage broker authorized to deal in mortgages insured by an agency of the United States Government. Such lending institution shall have a place of business in Georgia and shall be authorized to do business in Georgia. Section 3. Said Act is further amended by adding at the end of section 3 a new subsection to be designated subsection (o), to read as follows: (o) `Authorized Officer' shall mean the Chairman, Vice Chairman, Treasurer, Executive Director and Secretary of the Authority, and any other person authorized by resolution of the Authority to act as an Authorized Officer hereunder which resolution shall be filed with the Trustee;. Section 4. Said Act is further amended by striking in section 5(a), the following:

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Whenever a permanent ex officio member of the Authority is unable to attend a meeting, he may designate in writing his Deputy to attend that meeting and act in his stead. Section 5. Said Act is further amended by striking in section 9(g), the following: the Chairman of the Authority, and substituting in lieu thereof, the following: an Authorized Officer of the Authority, so that when so amended, section 9(g) shall read as follows: (g) The proceeds of such bonds shall be disbursed upon requisition or order of an Authorized Officer of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds, or as any trust indenture subject to which such bonds were issued, may provide. Bond proceeds. Section 6. Said Act is further amended by striking at the end of section 10, the following: : Provided, however, such funds as may be received from State appropriations or from any source are hereby declared to be available for, and may be used by, the Authority for the performance of any lease or contract entered into by the Authority or for the payment of any obligations of the Authority incurred pursuant to this Act, so that when so amended, section 10 shall read as follows: Section 10. Credit of State not Pledged for Payment. Bonds and notes issued under the provisions of this Act shall not be deemed to constitute a debt of the State or a pledge of the faith or credit of the State, but such bonds and notes shall be payable solely from the funds hereinafter provided for, and the issuance of such bonds and notes shall not directly or indirectly obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially

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the foregoing provisions of this Section. Bonds not State debt. Section 7. Said Act is further amended by striking paragraphs (1) and (2) of section 12(a) in their entirety, which read as follows: (1) any monies appropriated and made available by the State for the purpose of such fund; (2) any proceeds of sales of bonds to the extent provided in the resolution of the Authority authorizing the issuance thereof except that the amount under this paragraph shall not be less than 10% of such proceeds;, and substituting in lieu thereof, the following: (1) any proceeds of sales of bonds to the extent provided in the resolution of the Authority authorizing the issuance thereof;, and by renumbering paragraphs (3) and (4) of section 12(a) as paragraphs (2) and (3), respectively. Section 8. Said Act is further amended by striking section 12(c) in its entirety, which reads as follows: (c) To assure the continued operation and solvency of the Authority for the carrying out of the public purposes of this Act, provision is made in subsection (a) for the accumulation in each capital reserve fund of an amount equal to the minimum capital reserve fund requirement for such fund. In order further to assure such maintenance of any such capital reserve fund, there may be annually appropriated and paid to the Authority for deposit in a capital reserve fund such sum, if any, as shall be necessary to restore any such capital reserve fund to an amount equal to the minimum capital reserve fund requirement for such fund. The Chairman of the Authority, if necessary, on or before December 1, shall make and deliver to the Governor, the State Auditor and the Director of the Office of Planning and Budget his certificate stating the amount required to restore any such capital reserve fund to the minimum capital reserve fund requirement for such fund, provided that any of the bonds then outstanding and secured by such capital reserve fund shall have been issued under

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a resolution of the Authority which directed the Chairman of the Authority to take such action. The amount so stated may be appropriated and paid to the Authority during the next State fiscal year, it being expressly understood that the General Assembly of the State shall be under no obligation to so appropriate and pay such amount., and by renumbering section 12(d) as Section 12(c). Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977. OUTDOOR ADVERTISING - GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDED. No. 111 (House Bill No. 349). 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, so as to define Urban area for purposes of the control of outdoor advertising; to provide for limitations on the erection and maintenance of outdoor advertising devices beyond 660 feet of the nearest edge of right-of-way of the Interstate or Primary Highways in this State outside of urban areas; to provide for restrictions on directional signs authorized by said Act beyond 660 feet of the nearest edge of the right-of-way outside of urban areas; to provide for exceptions to spacing limitations for signs authorized by said Act beyond 660 feet of the nearest edge of the right-of-way outside of urban areas; to provide for restrictions on public service signs authorized by said Act beyond 660 feet of the nearest edge of the right-of-way outside of urban areas; to authorize the Department of Transportation to promulgate rules and regulations governing the issuance and revocation of permits for signs authorized by this Act beyond 660 feet of the nearest edge of the right-of-way outside of urban areas; to provide for the necessity of obtaining a permit for signs erected or maintained beyond 660 feet of the nearest edge of the right-of-way

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outside of urban areas; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p. 947), as amended, is hereby amended by adding to the end of section 95A-914 a new subsection (x) to read as follows: (x) Urban area means an area included within the boundaries of an incorporated municipality having a population of 5,000 or more as determined by the latest available Federal census and any area adjacent to such municipality provided that such adjacent area is included within boundaries presently designated and fixed by the outdoor advertising urban area boundary maps and written records attached thereto on file in the office of the Treasurer of the Department of Transportation. Section 2. Said Act is further amended by adding a new section immediately following section 95A-915 and immediately preceding section 95A-916 to be designated as section 95A-915.1 and to read as follows: Section 95A-915.1. Limitations of outdoor advertising devices beyond 660 feet. No outdoor advertising shall be erected or maintained beyond 660 feet of the nearest edge of the right-of-way of the Interstate or Primary Highways in this State outside of urban areas so as to be visible and intended to be read from the main traveled way except the following: Spacing Limitations. (a) Directional and other official signs and notices; (b) Signs advertising the sale or lease of the property upon which they are located; (c) Signs advertising activities conducted or maintained within 100 feet from the nearest part of the activity as the dimensions of said activity are determined by department regulations, which regulations need not take into consideration the property lines of said activity.

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Section 3. Said Act is further amended by striking from the first sentence of section 95A-917 thereof the language section 95A-915a which appears between the word by and the word hereof and substituting in lieu thereof the language sections 95A-915(a) and 95A-915.1(a), so that, as amended, the first sentence of section 95A-917 through the first colon immediately preceding subsection (a) shall read as follows: The provisions of subsections (a), (b), (c), (d), (e), (f), (g), (i), (j), (m), (n), (o), (p), (q), (s), and (t) of section 95A-916 hereof are applicable to directional signs authorized by sections 95A-915(a) and 95A-915.1(a) hereof, and in addition thereto, no directional sign shall be errected or maintained which: Section 4. Said Act is further amended by striking in its entirety section 95A-918 and substituting in lieu thereof a new section 95A-918 to read as follows: Section 95A-918. Exceptions to spacing limitations. Signs which are authorized by and erected or maintained pursuant to subsections (b) or (c) of section 95A-915 or subsections (b) or (c) of section 95A-915.1 hereof, or which are official signs or notices, as defined herein, and signs which are not lawfully erected or maintained shall not be counted nor shall measurements be made therefrom for the purpose of determining the spacing limitations prescribed in sections 95A-916 and 95A-917 hereof. Exceptions. Section 5. Said Act is further amended by adding to the first sentence of section 95A-919 thereof immediately after the phrase section 95A-915 and immediately before the word hereof the following language or subsection (a) of section 95A-915.1, so that, as amended, the first sentence of section 95A-919 through the first colon immediately preceding subsection (a) of section 95A-919 shall read as follows: No public service sign authorized by subsection (a) of section 95A-915 or subsection (a) of section 95A-915.1 hereof shall be erected or maintained which: Section 6. Said Act is further amended by striking from the first sentence of section 95A-920 thereof the language section

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95A-915 which appears between the word by and the word hereof and substituting in lieu thereof the language sections 95A-915 and 95A-915.1, so that, as amended, the first sentence of section 95A-920 shall read as follows: The Department is hereby authorized to promulgate rules and regulations governing the issuance and revocation of permits for the erection and maintenance of outdoor advertising authorized by sections 95A-915 and 95A-915.1 hereof and which are not prohibited by the provisions of this Article, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the State declared in this Article, and consistent with the purposes of the Highway Beautification Act of 1965, Public Law 89-285, as amended, and contained in Title 23, United States Code, `Highways'. Rules. Section 7. Said Act is further amended by adding to the end of section 95A-921 two new subsections (c) and (d) to read as follows: (c) On and after the effective date of this Act, no person, firm, or corporation shall erect or maintain a sign authorized by subsection (a) of section 95A-915.1 hereof without a permit issued by the Department. (d) On and after July 1, 1977, no person, firm, or corporation shall maintain a sign lawfully in existence on the effective date of this Act and which sign is authorized by subsection (a) of section 95A-915.1 hereof without a permit issued by the Department. 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 4, 1977.

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GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDED-DEFINITION OF CONSTRUCTION CHANGED. No. 112 (House Bill No. 350). An Act to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 1422) and an Act approved March 24, 1976 (Ga. L. 1976, p. 775), so as to provide the definition of construction to include striping, restriping, and safety modifications; to provide 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 Gerogia Code of Public Transportation (Ga. L. 1973, p. 947), as amended, particularly by an Act approved March 28th, 1974 (Ga. L. 1974, p. 1422) and an Act approved March 24, 1976 (Ga. L. 1976, p. 775), is hereby amended by adding to the definition of construction contained in section 95A-104 of said Act following the comma after the word paving and before the word grading the following: striping, restriping, safety modifications so that when so amended the definition of Construction in section 95A-104 of said Act shall read as follows: Construction: The planning, location, surveying, designing, supervising, inspecting and actual building of a new road; or the paving, striping, restriping, safety modifications, grading, widening, relocation, reconstruction or other major improvement of a substantial portion of an existing public road together with all activities incident to any of the foregoing. 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. Approved March 4, 1977.

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CITY OF WOODBINE EXEMPTED FROM MILLAGE LIMITATION. Code 92-4101 Amended. No. 114 (House Bill No. 493). Compiler's Note: This act has been printed out of its proper numerical order, and appears in its entirety at page 618 of this volume. LOOKOUT MOUNTAIN JUDICIAL CIRCUIT-DISTRICT ATTORNEY'S CLERK-TYPIST'S SALARY CHANGED. No. 135 (House Bill No. 671) An Act to amend an Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 325), so as to change the compensation which may be paid to the clerk-typist of the district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 325), is hereby amended by striking from section 6A.1, the following: $5,200.00, and inserting in lieu thereof the following: $7,200.00, so that when so amended, section 6A.1 shall read as follows: 6A.1 The district attorney of the Lookout Mountain Judicial Circuit is authorized to employ a clerk-typist to perform such duties as may be assigned by the district attorney. Said clerk-typist shall serve at the pleasure of the district attorney and shall receive such compensation as the district attorney shall fix, payable monthly. Provided, however, such compensation shall not exceed $7,200.00 per annum. Said compensation shall be paid proportionately by the counties comprising said circuit in the same manner as is provided in section 6A for the payment of the salary of the district attorney of said circuit.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend House Bill 1164, which was approved on February 29, 1968, and amended in 1971. The purpose of said amendment is to provide for an increase in salary for the Secretary of the District Attorney, of the Lookout Mountain Judicial Circuit. 20th December, 1976. William M. Campbell, District Attorney, Lookout Mountain Judicial Circuit. Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: December 29, 1976 and January 5, 12, 1977. s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. Approved March 4, 1977.

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SMALL CLAIMS COURTS CREATED IN CERTAIN COUNTIES (7,040-7,055). No. 152 (House Bill No. 754). An Act to create a small claims court in certain counties of this State; to provide for the appointment, duties, powers, compensations, qualifications, substitutions and tenure of the judges of such courts; to prescribe the jurisdiction, pleadings, practice and service of processes therein; to provide for a clerk and to prescribe his duties and remuneration; to provide for the validation of acts and proceedings therein; to provide for service of process by the county sheriff or his deputies; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts in this State; to provide for the procedure and practice in garnishments, in the issuance of executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to authorize the counties to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said courts; to provide for additional personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established in each county in this State having a population of not less than 7,040 and not more than 7,055 according to the United States Decennial Census of 1970 or any future such census a small claims court, which shall have civil jurisdiction in all cases at law in which the principal amount of the demand or damages claimed or value of the property involved does not exceed One Thousand dollars ($1,000.00), said jurisdiction to be countywide and to be concurrent with the jurisdiction of the superior court of said counties; and such jurisdiction shall include the power to issue writs of garnishment and attachment, foreclose chattel mortgages and other instruments passing or retaining title to personalty the purpose of securing debt; and, in addition to the powers

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herein specifically granted, also the powers granted to justices of the peace by the Constitution and laws of the State of Georgia. Creation. Section 2. The judge of the superior court of such counties shall appoint and commission a citizen of any such county to be judge of said any such court for a term of office of four years and until a successor is appointed and qualified. Vacancies for unexpired terms shall be filled in the same manner as appointments. The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. Judge. Section 3. Whenever the judge of the small claims court shall be unable, because of absence, sickness, or other cause, to discharge any duty appertaining to his office, the judge of the superior court of the judicial circuit shall appoint a temporary judge, who shall perform the duties of judge of the small claims court during the absence of the regularly appointed judge. Disability. Section 4. The clerk of the superior court shall be clerk of the small claims court, shall collect all advance costs, docket the case, and attach process of service to each suit filed. Section 5. The clerk of the small claims court shall collect $8.00 filing costs when any suit is filed and maintain an itemized statement showing the case number and costs collected and once a month turn over all costs to the judge of the small claims court, which shall be the sole remuneration for the judge. The judge shall not collect any costs from any party to any claim in his court. The clerk of the small claims court shall add no costs for services rendered by the clerk of the small claims court, and the sheriff shall add no costs for service. Section 6. Actions shall be commenced by the filing of a statement of claims. including the last known address of the

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defendant, in clear and concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided or its equivalent, and shall affix his signature thereto. (a) A copy of the verified statement, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. The sheriff or his deputies shall serve all processes and make their return to the clerk of the small claims court. Actions commenced. (b) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (c) Said notice shall specify the day and hour of the hearing, which shall not be less than five nor more than thirty-five days from the date of the service of said notice. Section 7. All judgments and executions shall be entered on the docket and paid over to the clerk of the small claims court who shall make payments to the party or parties in conformity with said judgment. Judgements. Section 8. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle any controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Trial. (b) In cases of attachment and garnishment, the legal grounds thereof shall be as now or hereafter provided by law, and the pleading and practice in such cases shall be substantially the same as obtained in courts of justices of the peace; and no formal declaration shall be required. (c) If the plaintiff fails to appear, the case may be dismissed for want of prosecution, or defendant may proceed to a trial on

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the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may dictate. Section 9. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may in his discretion continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Setoff. Section 10. Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demands for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such jury trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the losing party in said proceeding. Section 11. When a judgment is to be rendered and the party against whom it is to be rendered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Satisfaction of judgments. Section 12. The judge of the superior court presiding in any

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such county may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to ensure the proper administration of justice and to accomplish the purposes hereof. All such rules made by the judge of the superior court shall be placed in a special book for that purpose which is to be kept by the judge of the small claims court. Rules. Section 13. Such small claims court shall hold court at 9:00 o'clock a.m. on the first and third Wednesdays of each month in the calendar year and using the courtroom of the superior court, and in the event that superior court is in session, then in that event, using the meeting room in the office of the county board of commissioners; and each answer to the complaint, summons of garnishment and all other proceedings shall be followed in conformity with the rules of the practice and procedure of the superior court. Hours. Section 14. The clerk of the small claims court or one of the deputy clerks shall attend small claims court and the sheriff or one of his deputies shall attend small claims court. Section 15. A summons of garnishment may be served by the sheriff or his deputies. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of services either on the back of the original garnishment affidavit, or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishments. Section 16. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses, and to compel their attendance. Jury trials. (a) Unless otherwise demanded, such juries shall consist of six

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persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. (b) The judges of a small claims court shall have power to impose fines of not more than ten dollars or imprisonment for not longer than 24 hours on any person guilty of contempt of court, such fines to be paid into the county treasury or county depository for county purposes. Section 17. Judgments of small claims court shall become a lien on the real estate and personal property of a defendant, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 18. Appeals may be had from judgments rendered in a small claims court, to the superior court, by the party desiring to appeal. Said party shall first pay all costs then due. Said party must file in the superior court a written appeal which shall include the name and number of the case in the small claims court stating his grounds for appeal, which grounds must first be heard before the judge of the superior court. If after a full hearing the grounds for appeal are denied, said party shall have the right to appeal a higher court in the same manner as other decisions of the superior court are appealed. Appeals. Section 19. Until otherwise provided by rules of court, the statement of claims verification, and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons and/or process now provided by law; Forms.

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Statement of Claim

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Section 20 . All supplies and paraphernalia, forms, docket books, file jackets, filing cabinets and the like, required by this Act in the proper operation of a small claims court shall be furnished by the county commissioners upon requisition of the judge of such court. Supplies. Section 21 . The governing authorities of all such counties shall provide adequate and suitable quarters, facilities and accommodations for transacting the business of such court, and they may provide such additional personnel as in their judgment the court may from time to time require. Section 22 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1977. HOSPITALSLIEN ACT AMENDED. No. 158 (House Bill No. 221). An Act to amend an Act providing the procedures for the creation of liens in behalf of hospitals, approved December 14,

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1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 105), so as to provide that certain benefits shall be excepted from the provisions of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing the procedures for the creation of liens in behalf of hospitals, approved December 14, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 105), is hereby amended by adding at the end of section 6 the following: , nor shall this Act apply to benefits for loss of income or earnings which are provided pursuant to the provisions of the Georgia Motor Vehicle Accident Reparations Act (Ga. L. 1974, p. 113), as amended, so that when so amended, section 6 shall read as follows: Section 6. The provisions of this Act shall not apply to any moneys becoming due under the Workmen's Compensation Act, nor shall this Act apply to benefits for loss of income or earnings which are provided pursuant to the provisions of the Georgia Motor Vehicle Accident Reparations Act (Ga. L. 1974, p. 113), as amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1977. MOTOR VEHICLESLEFT TURN ON RED ALLOWED ON CERTAIN CONDITIONS. Code 68A-202 Amended. No. 160 (Senate Bill No. 26). An Act to amend Code section 68A-202, relating to the meaning of traffic signal indications, as amended, so as to provide that traffic, except pedestrians, facing a steady circular red signal,

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after stopping, may make a left turn from the left-hand lane of a one-way street onto a one-way street on which the traffic moves toward the driver's left, under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 68A-202, relating to the meaning of traffic signal indications, as amended, is hereby amended by adding at the end of paragraph (3) of subsection (c) of said Code section the following: Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subsection (1), may make a left turn from the left-hand lane of a one-way street onto a oneway street on which the traffic moves toward the driver's left but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a left turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such left turn., so that when so amended, paragraph (3) of subsection (c) of Code section 68A-202 shall read as follows: (3) Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subsection (1), may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a right turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such right turn. Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subsection (1), may make a left turn from the left-hand lane of a one-way street onto a one-way street on which the traffic moves toward the driver's left but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a left turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such left turn.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. LIVESTOCK HOG CHOLERA VACCINE, ETC., PROHIBITED IN GEORGIA. Code Ch. 62-12 Superseded. No. 161 (Senate Bill No. 42). An Act to amend Code Title 62, relating to livestock, as amended, so as to substantially revise and supersede the Code Chapter 62-12, relating to suppression and prevention of hog cholera, as amended by Acts approved February 1, 1935 (Ga. L. 1935, p. 167); February 24, 1939 (Ga. L. 1939, p. 327); March 9, 1955 (Ga. L. 1955, p. 608); and February 13, 1956 (Ga. L. 1956, p. 42); to make unlawful and prohibit the use, sale, holding or offer for sale, delivery, possession, distribution, and introduction or delivery for introduction into commerce of hog cholera vaccine, serum and/or virus in this State; to provide for seizure and destruction by the Commissioner of Agriculture of any cholera vaccine, serum and/or virus found in the State; to specifically repeal certain laws; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 62, relating to livestock, as amended, is hereby amended by striking in its entirety Code Chapter 62-12, relating to suppression and prevention of hog cholera, as amended by Acts approved February 1, 1935 (Ga. L. 1935, p. 167); February 24, 1939 (Ga. L. 1939, p. 327); March 9, 1955, (Ga. L. 1955, p. 608); and February 13, 1956 (Ga. L. 1956, p. 42), and inserting in lieu thereof a new Code Chapter 62-12, to read as follows: Chapter 62-12 Suppression and Prevention of Hog Cholera

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62-201. Use, possession, delivery, sale, etc., of hog cholera vaccine prohibited. It sall be unlawful for any person, firm, partnership, corporation, association, or agency, department or other political subdivision of State, county or municipal government, or other entity to use, possess, sell, offer or hold for sale, deliver, distribute and/or introduce or deliver for introduction into commerce hog cholera vaccine, serum or virus in this State. The violation of the provisions of this Section shall constitute a misdemeanor and shall be punishable as such. 62-1202. The Commissioner of Agriculture shall seize and destroy any hog cholera vaccine, serum or virus found in this State. Section 2 . Code section 62-9915 and an Act approved February 1, 1935 (Ga. L. 1935, p. 471), relating to the use of hog cholera virus, serum, vaccine, etc., and to the inoculation for hog cholera 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. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. AMBULANCES STANDARDS AND CERTIFICATION PROCEDURES ESTABLISHED. Code Ch. 88-31 Amended. No. 162 (Senate Bill No. 99). An Act to amend Code Chapter 88-31, relating to ambulance services, so as to provide for the definition, training and duties of emergency medical technicians, advanced emergency medical technicians and cardiac technicians; to provide for the certification, recertification and revocation of certificates of emergency medical technicians by the Department; to provide

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for the certification, recertification and revocation of certificates of advanced emergency medical technicians and cardiac technicians by the Composite State Board of Medical Examiners; to provide the standard of performance of licensed ambulance services, emergency medical technicians, advanced emergency medical technicians, cardiac technicians and others; 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 88-31, relating to ambulance services, is hereby amended by striking subsection (i) of Code section 88-3101 in its entirety and by adding new subsections (i), (k), (l), (m) and (n) in lieu thereof, to read as follows: (i) `Department' means the Georgia Department of Human Resources. (k) `Board' means the Composite State Board of Medical Examiners. (l) `Emergency medical technician' means a person who has been certified by the Department after having successfully completed an emergency medical care training program approved by the Department. (m) `Advanced emergency medical technician' means a person who has been certified by the Composite State Board of Medical Examiners after having been trained in emergency care techniques in an advanced emergency medical technician training course approved by the Department. (n) `Cardiac technician' means a person who, having been trained and certified as an EMT and having completed additional training in advanced cardiac life support techniques in a training course approved by the Department is so certified by the Composite State Board of Medical Examiners. Section 2. Said Code Chapter is further amended by adding a new Code section, to be designated Code section 88-3112.1, to read as follows:

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88-3112.1. Certification and recertification of emergency medical technicians; standards for approval of advanced emergency medical technicians and cardiac technician training courses. (a) The State Board of Human Resources shall, by regulation, authorize the Department to establish procedures and standards for certifying and recertifying emergency medical technicians. (b) The Department shall also adopt procedures and standards for its approval of advanced emergency medical technician training courses and cardiac technician training courses. The Department shall adopt such regulations after consultation with the Composite State Board of Medical Examiners and other appropriate public and private agencies and organizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the Department shall be consistent with the purposes and provisions of this Chapter. Section 3. Said Code Chapter is further amended by adding a new Code section, to be designated Code section 88-3112.2, to read as follows: 88-3112.2. Certification and recertification of advanced emergency medical technicians and cardiac technicians. The Composite State Board of Medical Examiners shall establish procedures and standards for certifying and recertifying advanced emergency medical technicians and cardiac technicians; provided, however, that the Board may, at its discretion, be authorized to utilize existing Department of Human Resources policies and procedures for the certification of cardiac technicians and advanced emergency medical technicians pending development of its own certification mechanisms. An applicant for initial certification as an advanced medical technician or a cardiac technician must: (a) submit a completed application on a form to be prescribed by the Board, which shall include evidence that the applicant is 18 years of age and is of good moral character; (b) submit from the Department a notarized statement that the applicant has completed a training course approved by the Department;

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(c) submit to the Board a fee as set forth in the regulations of the Board; (d) meet such other requirements as are set forth in the rules and regulations of the Board. Section 4. Said Code Chapter is further amended by adding a new Code section, to be designated Code section 88-3112.3, to read as follows: 88-3112.3. Services which may be rendered by emergency medical technicians. Upon certification by the Department, emergency medical technicians may do any of the following: (a) render first aid and resuscitation services as taught in the United States Department of Transportation basic training courses of emergency medical technicians or an equivalent course approved by the Department; (b) upon the order of a duly licensed physician, administer approved intravenous solutions; (c) provided, further, that while in training preparatory to becoming certified, emergency medical technician trainees may perform any of the functions cited in this Section under the direct supervision of a duly licensed physician or a registered nurse. Section 5. Said Code Chapter is further amended by adding a new Code section, to be designated Code section 88-3112.4, to read as follows: 88-3112.4. Services which may be rendered by cardiac technicians. Cardiac technicians may upon certification by the Composite State Board of Medical Examiners do any of the following: (a) render first aid and resuscitation services; (b) upon the order of a duly licensed physician, as recommended by the Emergency Health Services Advisory Council and approved by the Composite State Board of Medical Examiners:

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(1) perform cardiopulmonary resuscitation and defibrillation in a pulseless, nonbreathing patient; (2) administer approved intravenous solutions; (3) administer parenteral injections of antiarrhythmic agents, vagolytic agents, chronotropic agents, alkalizing agents, analgesic agents, and vasopressor agents; (4) perform pulmonary ventilation by esophageal airway and endotracheal intubation; (c) provided, howevever, that while in training preparatory to becoming certified, cardiac technician trainees may perform any of the functions cited herein under the direct supervision of a duly licensed physician or a registered nurse. Section 6. Said Code Chapter is further amended by adding a new Code section, to be designated Code section 88-3112.5, to read as follows: 88-3112.5. Services which may be rendered by advanced emergency medical technicians. Advanced emergency medical technicians may upon certification by the Composite State Board of Medical Examiners perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician, subject to the conditions set forth in subsection (b) of section 5, advanced emergency medical technicians may perform any other procedures in which they have been both trained and certified to perform, including, but not limited to: (a) administration of parenteral injections of diuretics, anticonvulsants, hypertonic glucose, antihistamines, bronchodilators, emetics, narcotic antagonists and others; (b) cardioversion; (c) gastric suction by intubation; (d) provided, however, that while in training preparatory to becoming certified, advanced emergency medical technician

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trainees may perform any of the functions cited herein under the direct supervision of a duly licensed physician or a registered nurse. Section 7. Said Code Chapter is further amended by adding a new Code section, to be designated Code section 88-3112.6, to read as follows: 88-3112.6. Revocation of certificates of emergency medical technicians. Certificates issued to emergency medical technicians pursuant to the provisions of this Chapter may be revoked for good cause, as set forth in the Rules and Regulations, by the Department, after notice to the certificate holder of the charges and any opportunity for hearing. Such proceedings shall be conducted in accordance with the provisions of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as now or hereafter amended. Section 8. Said Code Chapter is further amended by adding a new Code section, to be designated Code section 88-3112.7, to read as follows: 88-3112.7. Revocation of certificates of advanced emergency medical technicians and cardiac technicians. Certificates issued to advanced emergency medical technicians and cardiac technicians pursuant to the provisions of this Chapter may be revoked for good cause by the Composite State Board of Medical Examiners in accordance with established Rules and Regulations, after notice to the certificate holder of the charges and an opportunity for hearing. Such proceedings shall be conducted in accordance with the provisions of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as now or hereafter amended. Section 9. Said Code Chapter is further amended by adding a new Code section, to be designated Code section 88-3112.8, to read as follows: 88-3112.8. Recertification. In order to ensure the continued competency of emergency medical technicians, advanced emergency medical technicians and cardiac technicians, the Board, or in the case of emergency medical technicians the

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Department, may adopt by regulation reasonable standards for the periodic recertification of emergency medical technicians, advanced emergency medical technicians and cardiac technicians. These standards may include such additional examination or educational requirements as the Board or Department may deem appropriate to accomplish the above-stated purpose. If the Board or Department adopts such regulations, failure to conform with the same shall be cause for revocation of a certificate. The Board or Department shall give notice of any recertification requirements to each certificate holder. Section 10. Said Code Chapter is further amended by adding a new Code section, to be designated Code section 88-3112.9, to read as follows: 88-3112.9. Any person who is certified as an advanced emergency medical technician or as a cardiac technician under the policies of the Georgia Department of Human Resources on or before April 1, 1977, and who has met the provisions of the Board insofar as application and payment of required fees, if any, is concerned, shall be granted certification by the Board without the imposition of further training or examination. Provided, however, that such application is made to the Board within one year after April 1, 1977. Section 11. Said Code Chapter is further amended by adding a new Code section, to be designated Code section 88-3112.10, to read as follows: 88-3112.10. Any person who falsely represent himself to be a certified emergency medical technician, certified cardiac technician, or certified advanced emergency medical technician, or who shall accept or continue in employment as such and perform the duties thereof without being certified as described herein shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977.

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GEORGIA INDUSTRIAL LOAN ACT AMENDED - MONTHLY MAINTENANCE CHARGE INCREASED. No. 163 (Senate Bill No. 200). An Act to amend an Act known as the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. L. 1955, p. 431), as amended, particularly by an Act approved April 10, 1975 (Ga. L. 1975, p. 393), so as to increase the monthly maintenance charge; to provide that the maintenance charge shall be treated in the same manner as interest and other fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Said Act is amended by striking subsection (c) of section 15 in its entirety and inserting in lieu thereof a new subsection (e) of section 15, to read as follows: (e) Maintenance Charge. In addition thereto, contract for, charge, receive and collect a maintenance charge of $2.00 for each month in the term of the loan contract on each loan made, whether repayable in one single payment or repayable in weekly, monthly, or other periodic installments. Refunds of unearned maintenance charges shall be made in accordance with the method prescribed in section 17 of this Act, and such maintenance charges will be subject to the provisions of section 15(d) of this Act. Provided, further, that nothing contained in section 57-117 and section 57-9901 of the Code of Georgia of 1933, as now or hereafter amended, shall be construed to apply to this subsection, and loans made in conformity with this subsection shall in no wise constitute a violation of either section 57-117 or section 57-9901 of the Code of Georgia of 1933, as now or hereafter amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977.

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GEORGIA STATE WAREHOUSE ACT AMENDED - BONDING REQUIREMENT SET. No. 164 (House Bill No. 2). An Act to amend an Act known as the Georgia State Warehouse Act, approved December 22, 1953 (Ga. L. 1953, Nov. Sess., p. 412), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 246), so as to provide a maximum surety bonding requirement of $100,000.00 for each warehouse licensed pursuant to the Act; to limit the coverage of the Act to warehouses storing agricultural products, as defined therein; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia State Warehouse Act, approved December 22, 1953 (Ga. L. 1953, Nov. Sess., p. 412), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 246), is hereby amended by striking section 6 in its entirety, and inserting in lieu thereof a new section 6, to read as follows: Section 6. Bonds. Every person intending to engage in business as a warehouseman under the provisions of this Act shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the State, executed only by a surety corporation of the warehouseman's choice qualified under the laws of the State to secure the faithful performance of his obligation as a warehouseman under the terms of this Act and the rules and regulations prescribed thereunder, said bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded. The Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used, but in no event shall the amount of the bond be required to exceed 12% of the value of the products stored, and shall be in such form and amount, shall have such surety or sureties, subject to service of

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process in suits on the bonds with this State, as the Commissioner may prescribe; provided, however, the minimum bond to be posted for each warehouse shall be $5,000.00 and the maximum bond to be required for each warehouse shall be $100,000.00. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, he may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this section. Unless same be given within the time fixed by a written demand therefor, the license of such warehouseman shall be suspended or revoked; provided, however, that the provisions of sections 26 and 27 shall apply to this as well as all other sections of this Act. Section 2. Said Act is further amended by striking section 30A in its entirety, and inserting in lieu thereof a new section 30A, to read as follows: Section 30A. If not otherwise required by this Act, any person operating a warehouse for the storage of agricultural products may elect to come within the provisions of this Act and, under approval of the Commissioner, may be licensed hereunder. As a condition to the granting of a license under the provisions of this Act, the applicant must agree to comply with the provisions of this Act and any and all regulations promulgated hereunder, as well as any and all regulations issued by the Commissioner relating to the storage of agricultural products in the warehouse of the applicant. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977.

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REVENUE - TAX COLLECTORS - CERTAIN RECORD KEEPING NOT REQUIRED. Code Ch. 92-52 Repealed. No. 165 (House Bill No. 5). An Act to repeal Code Chapter 92-52, relating to the requiring of tax collectors to prepare and keep special or occupational tax digests, procedures connected with preparing and maintaining special or occupational tax digests, and remittances of delinquent taxes; to repeal Code section 92-5303, relating to commission paid to tax collectors on special tax collections; to repeal section 17 of an Act relating to general taxes, approved March 28, 1935 (Ga. L. 1935, p. 11); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-52, relating to the requiring of tax collectors to prepare and keep special or occupational tax digests, procedures connected with preparing and maintaining special or occupational tax digests, and remittances of delinquent taxes, is hereby repealed in its entirety. Section 2. Code section 92-5303, relating to commission paid to tax collectors on special tax collections, is hereby repealed in its entirety. Section 3. Section 17 of an Act relating to general taxes, approved March 28, 1935 (Ga. L. 1935, p. 11), is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977.

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REVENUECERTAIN TAX DELINQUENCY PROVISIONS CHANGED, ETC. Code Ch. 92-58 Amended. No. 166 (House Bill No. 6). An Act to repeal Code section 92-5801, relating to the application of the provisions of Code Chapter 92-58; to repeal Code section 92-5803, relating to when special or occupation taxes become delinquent; to repeal Code section 92-5804, relating to penalty imposed upon delinquents; to repeal Code section 92-5805, relating to cooperation of tax collectors and commissions; to repeal Code section 92-5806, relating to reports and payments by State Revenue Commissioner and deputy revenue commissioners; to repeal Code section 92-5807, relating to the duty of the State Revenue Commissioner as to prosecution of delinquents; to repeal Code section 92-5808, relating to annual report of collections and expenditures to General Assembly; to repeal Code section 92-5809 relating to penalties collected to go to treasury of State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 Code section 92-5801, relating to the application of the provisions of Code Chapter 92-58, is hereby repealed in its entirety. Section 2. Code section 92-5803, relating to when special or occupation taxes become delinquent, is hereby repealed in its entirety. Section 3. Code section 92-5804, relating to penalty imposed upon delinquents, is hereby repealed in its entirety. Section 4. Code section 92-5805, relating to cooperation of tax collectors and commissions, is hereby repealed in its entirety. Section 5. Code section 92-5806, relating to reports and payments by State Revenue Commissioner and deputy revenue commissioners, is hereby repealed in its entirety.

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Section 6. Code section 92-5807, relating to the duty of the State Revenue Commissioner as to prosecution of delinquents, is hereby repealed in its entirety. Section 7. Code section 92-5808, relating to annual report of collections and expenditures to General Assembly, is hereby repealed in its entirety. Section 8. Code section 92-5809, relating to penalties collected to go to treasury of State, is hereby repealed in its entirety. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. REVENUECIGARETTE TAX STAMP NO LONGER REQUIRED TO SHOW AMOUNT PAID. No. 167 (House Bill No. 7). An Act to repeal an Act entitled An Act to amend an Act relating to the taxing of cigars, cigarettes, little cigars, cherootes and stogies, approved February 8, 1955 (Ga. L. 1955, p. 268), as amended by an Act approved June 24, 1955 (Ga. L. 1955, Extra. Sess., p. 48), so as to provide that each such tax stamp or other indication of the payment of the tax shall show the amount of tax paid; to repeal conflicting laws; and for other purposes., approved March 25, 1958 (Ga. L. 1958, p. 336); 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 amend an Act relating to the taxing of cigars, cigarettes, little cigars, cherootes and stogies, approved February 8, 1955 (Ga. L. 1955, p. 268), as amended by an Act approved June 24, 1955 (Ga. L. 1955, Extra. Sess., p. 48), so as to provide that each such tax stamp or other indication of the payment of the tax

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shall show the amount of tax paid; to repeal conflicting laws; and for other purposes., approved March 25, 1958 (Ga. L. 1958, p. 336), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. REVENUECERTAIN AD VALOREM TAX PROVISION FOR STATE BOND SINKING FUND DELETED. Code 92-111 Repealed. No. 168 (House Bill No. 8). An Act to repeal Code section 92-111, relating to the ad valorem tax for sinking fund for retirement of State bonds and to meet appropriations, as amended by Paragraph 2 of section 2 of an Act approved March 28, 1935 (Ga. L. 1935, pp. 11, 12); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-111, relating to the ad valorem tax for sinking fund for retirement of state bonds and to meet appropriations, as amended by Paragraph 2 of section 2 of an Act approved March 28, 1935 (Ga. L. 1935, pp. 11, 12), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977.

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REAL PROPERTYREDEMPTION OF REAL ESTATE SOLD AT TAX SALE BY MUNICIPALITIES DISCONTINUED. No. 169 (House Bill No. 9). An Act to repeal an Act entitled An Act to provide for the redemption of real estate sold at tax sales by municipal authorities; and for other purposes., approved March 26, 1935 (Ga. L. 1935, p. 466); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for the redemption of real estate sold at tax sales by municipal authorities; and for other purposes., approved March 26, 1935 (Ga. L. 1935, p. 466), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. ARTSACT IMPOSING CERTAIN LICENSE FEE ON THOSE COLLECTING RENTS ON COPYRIGHTED MUSIC AND RADIO PROGRAMS REPEALED. No. 170 (House Bill No. 10). An Act to repeal an Act entitled An Act to impose and fix a license of one thousand dollars on each person collecting rents or fees on copyrighted music, and radio programs, in each county in Georgia., approved March 21, 1935 (Ga. L. 1935, p. 83); 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 and fix a license of one thousand dollars on each person collecting rents or fees on

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copyrighted music, and radio programs, in each county in Georgia., approved March 21, 1935 (Ga. L. 1935, p. 83), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. REVENUEDOUBLE TAX FOR FAILURE TO FILE RETURN REPEALED. Code 92-2309 Repealed. No. 171 (House Bill No. 11). An Act to repeal Code section 92-2309, relating to double tax for failure to make returns; to repeal Code Chapter 92-66, relating to double taxation and procedures for imposing or relieving double tax; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-2309, relating to double tax for failure to make returns, is hereby repealed in its entirety. Section 2. Code Chapter 92-66, relating to double taxation and procedures for imposing or relieving double tax, is hereby repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977.

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REVENUECERTAIN PENALTY TAXES ON CORPORATIONS CHANGED. Code 92-7305 Repealed. No. 172 (House Bill No. 12). An Act to repeal Code section 92-7305, relating to penalty or default tax on corporations where there is no special provision and to require that such defaulters be triply taxed; to repeal Code section 92-7306, relating to penalty or default tax on foreign insurance companies, foreign bank agencies, and express companies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-7305, relating to penalty or default tax on corporations where there is no special provision and to require that such defaulters be triply taxed, is hereby repealed in its entirety. Section 2. Code section 92-7306, relating to penalty or default tax on foreign insurance companies, foreign bank agencies, and express companies, is hereby repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. LICENSE FEESCERTAIN PROVISIONS CONCERNING ITINERANT SHOWS AND PEDDLERS CHANGED. Code Ch. 92-39 Amended. No. 173 (House Bill No. 13). An Act to repeal Code section 92-3902, relating to license fees imposed on itinerant shows and peddlers; to repeal Code section

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92-3903, relating to the one-year term of such licenses required by Code section 92-3902; to repeal Code section 92-3904, relating to penalty imposed on any person exhibiting a show without license; to repeal Code section 92-3905, relating to penalty imposed on persons peddling without license; to repeal Code section 92-3906, relating to the right of taxpayer to demand exhibition of license; to repeal Code section 92-3907, relating to levy on and sale of property for violation of Code sections 92-3904 to 92-3906; to repeal Code section 92-3908, relating to process to compel itinerant shows and exhibitions to pay license fee; to repeal Code section 92-3909, relating to the defense against process issued under Code section 92-3908; to repeal Code section 92-3910, relating to damages imposed on defendant in certain instances; to repeal Code section 92-3911, relating to penalties provided in Code Chapter 92-39 are not to interfere with other provisions of Code; to repeal Code section 92-3912, relating to the disposition of moneys from licenses and bounty paid to informers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-3902, relating to license fees imposed on itinerant shows and peddlers, is hereby repealed in its entirety. Section 2. Code section 92-3903, relating to the one-year term of such licenses required by Code section 92-3902, is hereby repealed in its entirety. Section 3. Code section 92-3904, relating to penalty imposed on any person exhibiting a show without license, is hereby repealed in its entirety. Section 4. Code section 92-3905, relating to penalty imposed on persons peddling without license, is hereby repealed in its entirety. Section 5. Code section 92-3907, relating to levy on and sale of property for violation of Code sections 92-3904 to 92-3906, is hereby repealed in its entirety.

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Section 6. Code section 92-3908, relating to process to compel itinerant shows and exhibitions to pay license fee, is hereby repealed in its entirety. Section 7. Code section 92-3909, relating to the defense against process issued under Code section 92-3908, is hereby repealed in its entirety. Section 8. Code section 92-3910, relating to damages imposed on defendant in certain instances, is hereby repealed in its entirety. Section 9. Code section 92-3911, relating to penalties provided in Code Chapter 92-39 are not to interfere with other provisions of Code, is hereby repealed in its entirety. Section 10. Code section 92-3912, relating to the disposition of moneys from licenses and bounty paid to informers, is hereby repealed in its entirety. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. REVENUECERTAIN PERSONAL PROPERTY TAX EXEMPTION DELETED. No. 174 (House Bill No. 15). An Act to repeal an Act entitled An Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; to provide for the time and manner of exempting said personal property; to provide for personal property application blanks; to provide for a record of exempted property; to provide penalties for fraudulent Acts and for the repeal of existing laws; and for other purposes., approved December 14, 1937 (Ga. L. 1937-38, Extra. Sess., p. 176), as amended, particularly by an Act approved March 11, 1943 (Ga. L. 1943, p. 110), and by an Act approved March 9,

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1945 (Ga. L. 1945, p. 456), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 3392); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled An Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; to provide for the time and manner of exempting said personal property; to provide for personal property application blanks; to provide for a record of exempted property; to provide penalties for fraudulent Acts and for the repeal of existing laws; and for other purposes., approved December 14, 1937 (Ga. L. 1937-38, Extra. Sess., p. 176), as amended, particularly by an Act approved March 11, 1943 (Ga. L. 1943, p. 110), and by an Act approved March 9, 1945 (Ga. L. 1945, p. 456), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 3392), is hereby repealed in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. TAX RECEIVERSENTRY OF FULL NAMES ON TAX DIGESTS DISCONTINUED. Code 92-6306 Repealed. No. 175 (House Bill No. 16). An Act to repeal Code section 92-6306, relating to the requirement that tax receivers enter names in full upon the tax digest; 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 92-6306, relating to the requirement that tax receivers enter names in full upon the tax digest, is

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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. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. REVENUETAXATION OF PROPERTY OWNED BY TRANSIENTS AMENDED. Code 92-106 Repealed. No. 176 (House Bill No. 18). An Act to repeal Code section 92-106, relating to the taxation of property owned by transient persons; to repeal Code section 92-107, relating to the defining of transient persons; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-106, relating to the taxation of property owned by transient persons, is hereby repealed in its entirety. Section 2 . Code section 92-107, relating to the defining of transient persons, is hereby repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977.

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TAX ASSESSORSCERTAIN PERSONS DECLARED INELIGIBLE TO BE MEMBERS OF COUNTY BOARD, ETC. Code 92-6905 Amended. No. 177 (House Bill No. 31). An Act to amend Code section 92-6905, relating to qualifications of members of county boards of tax assessors, as amended, so as to remove therefrom certain persons who 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), as amended, particularly by an Act approved April 9, 1976 (Ga. L. 1976, p. 1744), so as to change the provisions relating to the chief appraiser; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-6905, relating to qualifications of members of county boards of tax assessors, as amended, is hereby amended by deleting therefrom subsection (h) which reads as follows: (h) No person who is a county tax appraiser shall be eligible to serve as a member of the county board of tax assessors. Section 2 . 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), as amended, particularly by an Act approved April 9, 1976 (Ga. L. 1976, p. 1744), is hereby amended by adding at the end of section 6 the following: The Chief Appraiser may be a member of the board of tax assessors in all counties., so that when so amended, section 6 of said Act shall read as follows:

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Section 6. Chief AppraiserAn Appraiser IV, or an Appraiser III in those counties not having an Appraiser IV, shall be designated by the Board of Assessors 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. The Chief Appraiser may be a member of the board of tax assessors in all counties. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. GEORGIA MUNICIPAL ELECTION CODE AMENDEDPROVISIONS CHANGED. Code Title 34A Amended. No. 178 (House Bill No. 34). An Act to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for municipal primaries and elections held in conjunction with general primaries and elections; to provide for additional requirements in the affidavit which candidates in an election must file with their notices of candidacy; to provide for poll watchers in primaries and elections; to provide for periodic inspections of voting machines; to provide a procedure in the event that a voting machine becomes inoperative; to provide for periodic inspections of vote recorders; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Georgia Code section 34A-706 is hereby deleted in its entirety and the following is substituted in lieu thereof:

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Section 34A-706. Municipal primaries and elections held in conjunction with general primaries and elections. Whenever a municipal general primary or election is held in conjunction with the general primary or November general election, the time specified for the closing of the registration list, the time within which candidates must qualify for the municipal primary or election and the time specified for the holding of any runoff necessary shall be the same as specified in Code Title 34 for general elections. Qualifying times. Section 2 . Georgia Code section 34A-901 is hereby amended by deleting therefrom subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) which shall read as follows: (c) Each candidate described in Subsection (a) shall accompany his notice of candidacy with an affidavit stating: (i) his residence, with street and number, if any, and his post office address; (ii) his profession, business or occupation, if any; (iii) the name of his election district; (iv) that he is an elector of the municipality of his residence eligible to vote in the election in which he is a candidate; (v) the name of the office he is seeking; (vi) that he is eligible to hold such office; (vii) 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 under the laws of this State, or any other State or of the United States; and (viii) that he will not knowingly violate any provisions of this Code or of rules and regulations adopted thereunder. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy. Candidate's affidavit. Section 3 . Georgia Code section 34A-1209 is hereby amended: a. By deleting therefrom subsection (a) in its entirety and substituting in lieu thereof the following: (a) In a primary each candidate entitled to have his name placed on the primary ballot may submit the name of one poll watcher for each election district in which he wishes an observer

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to the Chairman or Secretary of the municipal or other appropriate party executive committee at least twenty-one (21) days prior to such primary. The municipal or other appropriate party executive committee shall designate at least seven (7) days prior to such primary, no more than two poll watchers for each election district, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers will be given a letter signed by the party chairman and secretary and containing the following information: name of official poll watcher, address, precinct in which he shall serve, and name and date of primary. Poll watchers. b. By deleting therefrom subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) which shall read as follows: (b) In an election each political party and political body shall each be entitled to designate at least seven (7) days prior to such election no more than two official poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each election district. Each poll watcher shall be given a letter signed by the appropriate political party or body chairman and secretary, if a party or body designates same, or by the independent candidate, if named by him. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he shall serve, and date of election. Section 4 . Georgia Code section 34A-1225 is hereby amended: a. By deleting therefrom the last sentence of paragraph (vi) of subsection (a) and substituting the following in lieu thereof: A poll officer shall inspect the face of the machine at least once every hour during the time when the polls are open to see that the ballot labels are in their proper places and that the machine has not been damaged or tampered with. so that when so amended paragraph (vi) of subsection (a) of Georgia Code section 34A-1225 shall read as follows:

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(vi) The poll officers shall not themselves be, nor allow any other person to be, in any position that will permit any one to see or ascertain how an elector votes, or how he has voted. A poll officer shall inspect the face of the machine at least once every hour during the time when the polls are open to see that the ballot labels are in their proper places and that the machine has not been damaged or tampered with. b. By deleting therefrom paragraph (vii) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (vii), subsection (a) which shall read as follows: (vii) If during a primary or election, a voting machine becomes inoperative, the poll officers shall immediately lock and seal the operating lever or mechanism of the machine, so that the voting and counting mechanism will be prevented from operation. Upon the close of the polls, the poll officers shall perform their duties set forth in sections 34A-1228, -1229, -1230 and -1231 with respect to such machine. If necessary, because of the lack of another machine or other mancines for use by the electors, after a voting machine becomes inoperative, paper ballots shall be used; Section 5 . Georgia Code section 34A-1232 is hereby amended by deleting therefrom subsection (d) in its entirety and substituting in lieu thereof the following: (d) The poll officers shall inspect the face of the vote recorder and the ballot labels at least once every hour during the time when the polls are open to determine that the recorder and the ballot labels have not been damaged or tampered with. Section 6 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such

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part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability clause. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. MOTOR VEHICLESCERTAIN DRIVER'S LICENSE PROVISIONS CHANGED. Code Title 68B Amended. No. 179 (House Bill No. 37). An Act to amend Code Title 68B, relating to motor vehicle driver's licenses, so as to provide exemptions to persons temporarily operating farm implements on highways of this State for farm purposes from having a license; to provide for the reexamination of holders of veterans' or honorary licenses; to provide that a conviction of a driver for failure to stop and identify himself or failure to render aid, or leave the scene of any accident in which he is involved which results in death, injury or any property damage shall be attributed toward classification of such driver as an habitual offender; 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 68B, relating to motor vehicle driver's licenses, is hereby amended by adding at the end of Code section 68B-202, relating to those persons who are exempt from having a driver's license, a new subsection 6, to read as follows: 6. Any person driving or operating a farm tractor or farm implement temporarily operated on a highway for the purpose of conducting farm business.

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Section 2. Said Title is further amended by striking in its entirety subsection (a) of Code section 68-213, relating to the expiration and renewal of driver's licenses, and by inserting in lieu thereof a new subsection (a), to read as follows: Expiration date. (a) Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and satisfactory completion of the examination required or authorized by subsection (b). Every holder of a veteran's or honorary license shall meet the requirements of subsection (b) on or before his birthday every four years, beginning from the date which the holder was last required to take any examination under the following law, which is repealed by this Title, an Act approved April 6, 1972 (Ga. L. 1972, p. 1076), as amended by an Act approved April 17, 1973 (Ga. L. 1973, pp. 916, 917; Ga. Code Ann. section 92A-410.1). The Department may allow a veteran or honorary license holder to retain his expired veteran's or honorary license as a souvenir. The Department shall issue such rules and regulations as are required to enforce this section. Section 3. Said Title is further amended by deleting from subparagraph 1. of subsection (b) of Code section 68B-308, relating to habitual violators, the following: in excess of $100.00, so that when so amended, said subparagraph 1. shall read as follows: 1. Three or more times of: (A) voluntary or involuntary manslaughter resulting from the operation of a motor vehicle; (B) homicide by vehicle in first or second degree; (C) violating Article IX of Title 68A of the Georgia Code (Uniform Rules of the Road) or of violating the law of any other state, or of a valid municipal or county ordinance substantially conforming to an offense in said Article IX; (D) operating a vehicle after cancellation, suspension, or revocation of his operator's license under the provisions of any law of this State, or of any other state, or of a valid municipal or county ordinance, substantially conforming to or paralleling the laws of Georgia; (E) the making of a false affidavit

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to the Department or under any other law of the State requiring the registration of motor vehicles or regulating their operation on the highways, or the making of false statement to the Department on any application for an operator's license; (F) using a fraudulent or fictitious license; (G) while in a motor vehicle, fleeing or attempting to elude a police officer; (H) any crime punishable as a felony under this Title or any other felony in which a motor vehicle is used in the commission thereof; (I) failure to stop and disclose his identity, failure to render aid, hit and run, or leaving the scene of an accident on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another, or resulting in the death of, injury to, another person; or (J) singularly or in combination of any of the offenses hereinabove described in subsections (b)1 (A) through (b)1 (I) both inclusive; or. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. GEORGIA HEALTH CODE AMENDEDCERTAIN PERSONS AUTHORIZED TO CONDUCT HEARINGS. Code 88-304 Amended. No. 180 (House Bill No. 59). An Act to amend Code section 88-304, relative to hearings in connection with administrative procedure under the Georgia Health Code, so as to provide that a county board of health is authorized to direct its director, or the director's appointee, to conduct certain hearings and to vest such with certain necessary powers, ancillary to that function; 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. Code section 88-304, relative to hearings in connection with administrative procedure under the Georgia Health Code, is hereby amended by striking subsection (d) of said Code section in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) The Department of Human Resources is hereby authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency, provided, however, that any such examiner shall be a member of the State Bar of Georgia in good standing. A county Board of Health is hereby authorized and empowered to direct its director or the director's appointee, to conduct hearings, issue compulsory process, administer oaths, and submit his findings and recommendations to the County Board of Health. In both of such cases, the examiner and director, or the director's appointee, shall make the report available to all interested parties, and they are permitted to file written exception thereto prior to final decision thereon. 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. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977.

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PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDPRIOR SERVICE CREDITS AUTHORIZED, ETC. No. 181 (House Bill No. 64). An Act to amend an Act creating the Public School Employees' Retirement System, approved April 30, 1969 (Ga. L. 1969, p. 998), as amended, so as to authorize certain persons to be employed as public school employees, to become members and to establish prior service credits under the Retirement System; to provide for a procedure for establishing such prior service credits; to provide for notification; to provide for certain prior service credits 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 creating the Public School Employees' Retirement System, approved April 30, 1969 (Ga. L. 1969, p. 998), as amended, is hereby amended by adding at the end of section 5 two new subsections, to be designated subsection (h) and subsection (i), to read as follows: (h) Any provision of this Act to the contrary notwithstanding, any person, who was at least 55 years of age on June 30, 1970, and who would have been able to establish a minimum of 10 years' prior service credit under the provisions of this Act if he had been employed as a public school employee on January 1, 1970, may be employed as a public school employee at any time during the period beginning July 1, 1977, and ending December 31, 1980. Upon becoming employed as a public school employee during such period of time, such person shall become a member and may establish prior service credit under subsection (b) of this section, notwithstanding the fact that he was not a public school employee at any time between January 1, 1970, and July 1, 1970. On or before June 1, 1977, the Board shall inform all public school systems in the state of the provisions of this subsection. (i) Any member who is 55 years of age or over as of July 1, 1977, and who, if credited with service rendered prior to January

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1, 1970, would have at least 10 years of creditable service shall receive prior service credit for all service as a public school employee rendered by him at any time between January 1, 1945 and January 1, 1970. 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. Approved March 11, 1977. ATTORNEY'S FEES IN ALIMONY CASES WITHIN COURT'S DISCRETION. Code 30-202.1 Amended. No. 182 (House Bill No. 67). An Act to amend Code section 30-202.1, relating to the grant of attorney's fees in cases involving alimony or divorce, as amended, so as to provide that the grant of such fees is within the sound discretion of the court, except that the court shall consider the financial circumstances of the wife, as well as those of the husband, in the determination of the amount of any such fees to be allowed against the husband; 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 30-202.1, relating to the grant of attorney's fees in cases involving alimony or divorce, as amended, is hereby amended by striking said section in its entirety and substituting a new Code section 30-202.1, to read as follows: 30-202.1. Attorney's Fees; Considerations; Grant to be a Final Judgment; Action to Enforce.(a) The grant of attorney's fees as a part of the expenses of litigation made at any time during

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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: (1) Within the sound discretion of the court, except that the court shall consider the financial circumstances of the wife, as well as those of the husband, as a part of its determination of the amount of attorney's fees, if any, to be allowed against the husband. (2) 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. (b) Nothing contained in this section shall be construed to mean that attorney's fees shall not be awarded at both the temporary hearing and the final hearing. (c) 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 11, 1977. ELECTIONSCERTAIN VOTER'S CERTIFICATE PROVISIONS CHANGED. Code 34-1302 Amended. No. 183 (House Bill No. 189). An Act to amend Code section 34-1302, relating to voter's certificates, as amended by an Act approved March 20, 1970 (Ga. L. 1970, p. 347), so as to change the provisions relative to such voter's certificate; to amend Code section 34-1905, relative to insertion and alteration of entries in documents,

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removal, refusal to deliver, so as to provide that it shall be a felony to make a false statement on certain documents; 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 34-1302, relating to voter's certificates, as amended by an Act approved March 20, 1970 (Ga. L. 1970, p. 347), is hereby amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) At each primary and election each superintendent shall prepare a suitable number of voter's certificates which shall be in substantially the following form: VOTER'S CERTIFICATE

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Section 2. Code section 34-1905, relative to insertion and alteration of entries in documents, removal, refusal to deliver, is hereby amended by inserting in paragraph (i) of subsection (a) thereof, between the word figure and the words or other the following: ,false statement, so that when so amended, paragraph (i) of subsection (a) of Code section 34-1905 shall read as follows: (i) Inserts or permits to be inserted any fictitious name, false figure, false statement or other fraudulent entry on or in any registration card, electors list, voter's certificate, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot or ballot card or other record or document authorized or required to be made, used, signed, returned or preserved for any public purpose in connection with any primary or election; or. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. NECROPHILIA MADE A CRIME. Code Ch. 26-20 Amended. No. 184 (House Bill No. 250). An Act to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to create the crime of necrophilia; to provide for definitions; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-20, relating to sexual offenses, as amended, is hereby amended by adding, following Code section

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26-2021, a new Code section 26-2022, to read as follows: 26-2022. Necrophilia. A person commits necrophilia when said person performs any sexual act with a dead human body involving the sex organs of the one and the mouth, anus, penis, or vagina of the other. A person convicted of necrophilia shall be punished by imprisonment for not less than one nor more than 10 years. 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. Approved March 11, 1977. GEORGIA ADMINISTRATIVE PROCEDURE ACT AMENDED CERTAIN PROVISIONS RELATIVE TO LICENSE TO PRACTICE MEDICINE CHANGED. No. 185 (House Bill No. 251). An Act to amend an Act known as the Georgia Administrative Procedure Act approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, so as to provide that in contested cases involving a license to practice medicine a reviewing court may order a stay only if it makes certain findings; to provide 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 Administrative Procedure Act approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, is hereby amended by striking section 20(d) in its entirety, which reads as follows: (d) The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing

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court may order, a stay upon appropriate terms upon good cause shown., and inserting in lieu thereof the following: (d) The filing of the petition does not itself stay enforcement of the agency decision. Except as otherwise provided in this subsection, the agency may grant, or the reviewing court may order, a stay upon appropriate terms upon good cause shown. In contested cases involving a license to practice medicine in this State, a reviewing court may order a stay only if it makes a finding that the public health, safety and welfare will not be harmed by the issuance of the stay. 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. Approved March 11, 1977. LICENSE TO PRACTICE MEDICINEREVOCATION PROCEEDINGS AMENDED. Code 84-916 Amended. No. 186 (House Bill No. 252). An Act to amend Code section 84-916, relating to the refusal or revocation of licenses to practice medicine, as amended, particularly by an Act, approved March 28, 1974 (Ga. L. 1974, p. 1156), so as to provide for civil and criminal immunity for persons making certain reports; to provide for civil and criminal immunity for persons who testify in certain proceedings; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code section 84-916, relating to the refusal or revocation of licenses to practice medicine, as amended, particularly by an Act, approved March 28, 1974 (Ga. L. 1974, p. 1156), is hereby amended by adding at the end of said Code section a new subsection to be designated subsection (h) to read as follows: (h) A person, partnership, firm, corporation, association, authority or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licentiate or applicant which violate the provisions of subsection (a) of this section or any other provision of law relating to a licentiate's or applicant's fitness to practice medicine if such report is made in good faith without fraud or malice. Any person who testifies in good faith without fraud or malice before the Composite State Board of Medical Examiners in any proceeding involving a violation of the provisions of subsection (a) of this section or any other law relating to a licentiate's or applicant's fitness to practice medicine shall be immune from civil and criminal liability for so testifying. 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. Approved March 11, 1977. CERTAIN MUNICIPALITIESPENSION ACT AMENDED (300,000 OR MORE). No. 187 (House Bill No. 274). An Act to amend an Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.) which, as amended, provides for a system of pensions for officers and employees of cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retiring members of such system for fractional parts of years in all

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computations of creditable service; to provide 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 August 20, 1927 (Ga. L. 1927, pp. 265 et seq.), which as amended, provides for a system of pensions for officers and employees of cities having a population of more than 300,000 according to the 1970 or any future United States Decennial Census, and all Acts which have amended that Act, are hereby amended by adding the following new section. Whenever this law, or any amendment of this law, requires a computation, for any purpose, of the years of creditable service of any active or retiring officer or employee, fractional parts of years of service shall be counted. 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. Approved March 11, 1977. CERTAIN MUNICIPALITIESPOLICEMEN'S PENSION ACT AMENDED (300,000 OR MORE). No. 188 (House Bill No. 275). An Act to amend an Act approved February 15, 1933 (Ga. L. 1933, pp. 213 et seq.) which, as amended, provides for pensions for members of police departments in cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retiring members for fractional parts of years in all computations of creditable service; 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 approved February 15, 1933 (Ga. L. 1933, pp. 213 et seq.) which, as amended, provides for pensions for members of police departments in cities having a population of more than 300,000 according to the 1970 or any future United States Decennial Census, and all Acts which have amended that Act, are hereby amended by adding the following new section: Whenever this law, or any amendment of this law, requires a computation, for any purpose, of the years of creditable service of any active or retiring member, fractional parts of years of service shall be counted. 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. Approved March 11, 1977. CERTAIN MUNICIPALITIESFIREMEN'S PENSION ACT AMENDED (300,000 OR MORE). No. 189 (House Bill No. 276). An Act to amend an Act approved August 13, 1924 (Ga. L. 1924, pp. 167 et seq.) which, as amended, provides for a system of pensions and other benefits for members of paid fire departments in cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retiring members of such system for fractional parts of years in all computations of creditable service; to provide 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 August 13, 1924 (Ga. L. 1924, pp. 167 et seq.) which, as amended, provides for a system of pensions and other benefits for members of paid fire departments in

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cities having a population of more than 300,000 according to the 1970 or any future United States Decennial Census, and all Acts which have amended that Act, are hereby amended by adding the following new section: Whenever this law, or any amendment of this law, requires a computation, for any purpose, of the years of creditable service of any active or retiring member, fractional parts of years of service shall be counted. 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. Approved March 11, 1977. MOTOR VEHICLESEXTRA-WIDE VEHICLES AUTHORIZED ON HIGHWAYS. No. 190 (House Bill No. 303). An Act to provide the outside width of buses used by urban transit systems for the purpose of transporting passengers; to provide restrictions; to provide for definitions; to authorize the issuance of single-trip permits authorizing the load width of a vehicle transporting a mobile home to extend up to and including 168 inches; to provide for a single-trip permit fee; to prohibit the issuance of such permits under certain conditions; to remove the authority to issue an annual permit authorizing the load width of a mobile home not to exceed 120 inches; to provide for the promulgation of rules and regulations relative thereto; to provide for specific repeal; to conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The outside width of buses used by urban transit systems for the purpose of transporting passengers shall not exceed

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102 inches, not including accessories attached thereto; provided that such buses may not be operated on any lane of a highway which is a part of the National System of Interstate and Defense Highways that is less than twelve feet in width. Urban transit systems as used herein are defined as public transit systems, primarily urban in character which are operated by street railroad companies or motor common carriers and are subject to jurisdiction of the Georgia Public Service Commission or operated pursuant to a franchise contract with a municipality of this State and shall be deemed to include the Metropolitan Atlanta Rapid Transit Authority. Section 2. The Commissioner of the Department of Transportation or the officer of the Department designated by the Commissioner shall have the option to issue single-trip permits authorizing the load width of a vehicle transporting a mobile home to extend up to and including 168 inches. The Commissioner, by rule and regulation, shall prescribe the circumstances and conditions under which such vehicles may use the public roads of this State, including all necessary safety restrictions, routes of travel and times when the public roads may be used. Such rules and regulations shall include the requirement that a permit authorizing the load width of a vehicle transporting a mobile or modular home in excess of 144 inches shall not be issued if federal funds appropriated to this State under the provisions of Title 23 of the U. S. Code are withdrawn or not appropriated. Upon the issuance of a single-trip permit authorizing the load width of a vehicle transporting a mobile home in excess of 144 inches, the Commissioner or the designated officer shall not have the authority to issue an annual permit authorizing the load width of a vehicle transporting a mobile home in excess of 120 inches. Provided that upon the issuance of a single-trip permit authorizing the load width of a vehicle transporting a mobile home in excess of 144 inches, the Commissioner or the designated officer shall be authorized to issue an annual permit to authorize a load width of a vehicle transporting a mobile home up to and including only 120 inches. The charge for the issuance of a single-trip permit for mobile homes, modular homes and sectional houses in excess of ten feet wide shall be $50.00. The authority contained in this section for the issuance of single-trip permits authorizing the load width of a vehicle

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transporting a mobile home in excess of 144 inches but not more than 168 inches shall expire on April 1, 1978. Notwithstanding any other provision of Code section 95A-961 or this Title, any vehicle transporting or towing a mobile home in excess of 144 inches shall yield the right of way to all approaching vehicles so that one half of the roadway shall be available to vehicles approaching and passing from the opposite direction. Whenever four or more vehicles overtake and follow a mobile home in excess of 144 inches, the vehicle transporting or towing the mobile home shall pull the mobile home as far to the right as possible at the first reasonable location, stopping if necessary, and shall allow the vehicles following the mobile home to pass safely. Any person who violates the provisions of this subsection shall be guilty of a misdemeanor and shall be fined not less than $100.00 and the permits authorized in this section shall be suspended for 90 days. Upon a second conviction within two years, the fine shall not be less than $150.00 and the suspension of the permit shall be for 180 days. Upon a third conviction within 2 years, the fine shall be not less than $300.00 and the permit shall be suspended for one year. Any officer authorized to enforce the traffic laws of this State shall be empowered to enforce the provisions of this subsection. The Department is authorized to promulgate rules and regulations necessary to enforce the suspensions of permits authorized in this section. Section 3. Unless exempted by law or authorized by a permit issued pursuant to law or rules and regulations, no vehicle, except those buses hereinafter provided for, shall exceed a total outside width, including load thereon, of 96 inches, not including mirrows and accessories attached thereto. Buses which do not exceed a width of 102 inches, exclusive of mirrors and accessories attached thereto, may be operated on any street, road or highway, except that a bus which exceeds 96 inches in width may not be operated upon any portion of the Interstate System when the lanes provided for traffic thereon are less than 12 feet wide. Section 4. An Act prescribing a maximum outside width for certain buses used for the purpose of providing transportation services in counties of this State having a population in excess of 256,000, according to the United States Census of 1960, or any

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future Decennial Census, approved March 5, 1970 (Ga. L. 1970, p. 2295), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 2607), is hereby repealed in its entirety, and said amendatory Act of 1974 is likewise repealed in its entirety. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. CORPORATION CODE AMENDEDPROVISIONS CHANGED. Code Title 22 Amended. No. 191 (House Bill No. 321). An Act to amend Code Title 22, relating to corporations, as amended, so as to require that a corporate name not contain any word or phrase which indicates or implies anything which is obscene; to permit a domestic corporation which is unable to use its corporate name in another state because it is the same as or confusingly similar to that of another corporation authorized to transact business in such other state, or to a name reserved or registered therein, to amend its articles of incorporation to make an addition to its corporate name solely for the purpose of doing business in such other state; to require that a registered agent of a corporation give written consent to his or its initial appointment as agent and that such consent be filed with the Secretary of State; to provide that the term of office for a corporate officer shall end on the resignation, removal from office, or death of the officer, if such event occurs before the end of the term for which he is elected; to provide that the articles of incorporation of corporations organized pursuant to the Georgia Business Corporation Code or the Georgia Nonprofit Corporation Code shall state that the corporation is organized pursuant to the Georgia Business Corporation Code or the Georgia Nonprofit Corporation Code, whichever is applicable; to change the provisions specifying

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what information must be included in a plan of merger or a plan of consolidation adopted by a resolution of the board of directors of a corporation; to change the provision under which a plan of merger of a corporation need not be submitted to the shareholders for approval; to reduce from four to three the number of officers that must be set forth in the annual reports of corporations organized pursuant to the Georgia Business Corporation Code or the Georgia Nonprofit Corporation Code; to change the amount of the fee paid to a publisher for advertising from $60 for each insertion to $15 for each insertion; to change the deadline for filing of annual reports by Secretary of State corporations from the first day of November to the first day of April; 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 inserting a new subparagraph (C) following subparagraph (B) of paragraph (2) of subsection (a) of Code section 22-301, to read as follows: (C) Anything which, in the reasonable judgment of the Secretary of State, is obscene. Section 1A. Said Code Title is further amended by adding at the end of Code section 22-301 a new subsection (c) to read as follows: (c) Any domestic corporation which is precluded from using its corporate name in another state because such name is the same as or confusingly similar to that of a corporation already authorized to transact business therein, or to a name already reserved or registered in such state, may amend its articles of incorporation to add to its corporate name, solely for use in such other state, a word, abbreviation, or other distinctive and distinguishing element, such as, for example, the state of its incorporation in parentheses, as may be necessary to resolve any reasonable confusion between the two names. Such amendment shall set forth the state or states as to which it shall apply and the corporate name with such additions shall be the name of the corporation

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in such other state or states and shall be used in all of its dealings with the officials of such state or states and in the conduct of its business and affairs in such state or states. Section 2. Said Code Title is further amended by inserting a new subsection (c) following subsection (b) of Code section 22-401, to read as follows: (c) No registered agent shall be appointed without his or its prior written consent. Such written consent shall be filed with or as part of the document first appointing any registered agent and shall be in such form as the Secretary of State may prescribe. Section 3. Said Code Title is further amended by inserting after the last word of paragraph (5) of subsection (a) of Code section 22-402, the following: and the written consent of each such successor agent to his or its appointment, so that paragraph (5) of subsection (a) of Code section 22-402, when so amended, shall read as follows: (5) If its registered agent or agents are to be changed, the name or names of its successor registered agent or agents and the written consent of each such successor agent to his or its appointment. Section 4. Said Code Title is further amended by inserting after the word qualified in subsection (d) of Code section 22-711, the following: , or until his earlier resignation, removal from office, or death, so that subsection (d) of Code section 22-711, when so amended, shall read as follows: (d) Each officer shall hold office for the term for which he is elected or appointed, and until his successor has been elected or appointed and has qualified, or until his earlier resignation, removal from office, or death.

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Section 5. Said Code Title is further amended by renumbering paragraphs (2) through (12) of subsection (a) of Code section 22-802 as paragraphs (3) through (13), respectively, and inserting a new paragraph, to be designated paragraph (2), to read as follows: (2) That the corporation is organized pursuant to the provisions of the Georgia Business Corporation Code. Section 6. Said Code Title is further amended by striking paragraph (3) of subsection (b) of Code section 22-1001 in its entirety and inserting in lieu thereof a new paragraph (3), to read as follows: (3) The manner and basis of converting the shares of each corporation into shares, rights, obligations or other securities of the surviving corporation or of any other corporation or, in whole or in part, into cash or other property. Section 7. Said Code Title is further amended by striking paragraph (3) of subsection (b) of Code section 22-1002 in its entirety and inserting in lieu thereof a new paragraph (3), to read as follows: (3) The manner and basis of converting the shares of each corporation into shares, rights, obligations or other securities of the new corporation or of any other corporation or, in whole or in part, into cash or other property. Section 8. Said Code Title is further amended by striking from the first sentence of subsection (a) of Code section 22-1003, the following language: Provided, if a plan of merger will not effect any change in or amendment to the articles of incorporation of the surviving corporation, and if, and inserting in lieu thereof the following: Provided, if (1) a plan of merger will not effect any change in or amendment to the articles of incorporation of the surviving corporation, (2) each share of the surviving corporation outstanding

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immediately prior to the effectiveness of the merger is to remain outstanding and unchanged after the merger, and (3), so that the first sentence of subsection (a) of Code section 22-1003, when so amended, shall read as follows: The board of directors of each corporation, upon approving such plan of merger or plan of consolidation, shall, by resolution, direct that the plan be submitted to a vote at a meeting of shareholders, which may be either an annual or special meeting: Provided, if (1) a plan of merger will not effect any change in or amendment to the articles of incorporation of the surviving corporation, (2) each share of the surviving corporation outstanding immediately prior to the effectiveness of the merger is to remain outstanding and unchanged after the merger, and (3) either no new shares of the surviving corporation are to be issued or any new shares of the surviving corporation to be issued under the plan of merger can be issued by the board of directors without further authorization by the shareholders of the surviving corporation, the plan of merger need not be submitted to the shareholders of such corporation, unless the articles of incorporation of such corporation provide otherwise. Section 9. Said Code Title is further amended by inserting after the words at such address, in paragraph (2) of subsection (a) of Code section 22-1501, the following: and, if such registered agent or agents are being changed, the written consent of each such agent to his or its appointment,, so that paragraph (2) of subsection (a) of Code section 22-1501, when so amended, shall read as follows: (2) The address of the registered office of the corporation in this State, and the name of its registered agent or agents in this State at such address, and, if such registered agent or agents are being changed, the written consent of each such agent to his or its appointment, and, in the case of a foreign corporation, the address of its principal office or registered office in the jurisdiction under the laws of which it is incorporated. Section 10. Said Code Title is further amended by striking the number four from paragraph (3) of subsection (a) of Code section

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22-1501 and inserting in lieu thereof the number three, so that paragraph (3) of subsection (a), when so amended, shall read as follows: (3) The names and respective addresses of the three principal officers of the corporation. Section 11. Said Code Title is further amended by striking the amount $60 in Code section 22-1604 and inserting in lieu thereof the amount $15, so that Code section 22-1604, when so amended, shall read as follows: 22-1604. Fees for advertising.The fee to be allowed to publishers for publishing any notice required under this Code [Chapters 22-1 through 22-20] shall be $15 for each insertion. Section 12. Said Code Title is further amended by inserting a new subparagraph (C) following subparagraph (B) of paragraph (2) of subsection (a) of Code section 22-2301, to read as follows: (C) Anything which, in the reasonable judgment of the Secretary of State, is obscene. Section 12A. Said Code Title is further amended by adding at the end of Code section 22-2301 a new subsection (c) to read as follows: (c) Any domestic corporation which is precluded from using its corporate name in another state because such name is the same as or confusingly similar to that of a corporation already authorized to transact business therein, or to a name already reserved or registered in such state, may amend its articles of incorporation to add to its corporate name, solely for use in such other state, a word, abbreviation, or other distinctive and distinguishing element, such as, for example, the state of its incorporation in parentheses, as may be necessary to resolve any reasonable confusion between the two names. Such amendment shall set forth the state or states as to which it shall apply and the corporate name with such additions shall be the name of the corporation in such other state or states and shall be used in all of its dealings with the officials of such state or states and in the conduct of its business and affairs in such state or states.

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Section 13. Said Code Title is further amended by renumbering paragraphs (2) through (8) of subsection (a) of Code section 22-2702 as paragraphs (3) through (9), respectively, and inserting a new paragraph, to be designated paragraph (2) to read as follows: (2) That the corporation is organized pursuant to the provisions of the Georgia Nonprofit Corporation Code. Section 14. Said Code Title is further amended by inserting after the words at such address, in paragraph (2) in subsection (a) of Code section 22-3301, the following: and, if such registered agent or agents are being changed, the written consent of each such agent to his or its appointment,, so that paragraph (2) of subsection (a) of Code section 22-1501, when so amended, shall read as follows: (2) The address of the registered office of the corporation in this State, and the name of its registered agent or agents in this State at such address, and, if such registered agent or agents are being changed, the written consent of each such agent to his or its appointment, and, in the case of a foreign corporation, the address of its principal office or registered office in the jurisdiction under the law of which it is incorporated. Section 15. Said Code Title is further amended by striking the number four from paragraph (4), of subsection (a) of Code section 22-3301 and inserting in lieu thereof the number three, so that paragraph (4), when so amended, shall read as follows: (4) The names and respective addresses of the three principal officers of the corporation. Section 16. Said Code Title is further amended by striking the amount $60 in Code section 22-3404 and inserting in lieu thereof the amount $15, so that Code section 22-3404, when so amended, shall read as follows: 22-3404. Fees for advertising.The fee to be allowed to publishers for publishing any notice required under this Code [Chapters 22-21 through 22-40] shall be $15 for each insertion.

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Section 17. Said Code Title is further amended by striking the word November from Code section 22-4601 and inserting in lieu thereof the word April, so that Code section 22-4601, when so amended, shall read as follows: 22-4601. Reports by corporations.It shall be the duty of all corporations incorporated by the Secretary of State, except banks and trust companies, to make a report to the Secretary of State as soon as beginning operation, and annually thereafter, on or by the 1st day of April, embracing the following information: 1. Name of corporation. 2. When incorporated. 3. By what authority incorporated. 4. Where incorporated. 5. The nature of business. 6. Its principal office. 7. Capital stock issued, or no capital stock if such be the case. 8. Name and address of the four principal officers of the corporation. Section 18. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 20. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. MEDICINE AND PHARMACYNON-U.S. CITIZENS MAY BE LICENSED TO PRACTICE. No. 193 (House Bill No. 450). An Act to amend an Act prohibiting the State Board of Medical Examiners and the State Board of Pharmacy Examiners from issuing a license to practice medicine or pharmacy in this State to any person who was not born or naturalized in the United States or who is not a citizen of the United States, approved March 23, 1939 (Ga. L. 1939, p. 319), so as to delete the prohibition against the issuance of a license to practice medicine or pharmacy to a person who was not born or naturalized in the United States or who is not a citizen of the United States; to delete the punishment and sanctions for violation of said Act; to delete the provision relative to temporary licenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act prohibiting the State Board of Medical Examiners and the State Board of Pharmacy Examiners from issuing a license to practice medicine or pharmacy in this State to any person who was not born or naturalized in the United States or who is not a citizen of the United States, approved March 23, 1939 (Ga. L. 1939, p. 319), is hereby amended by striking section 1 in its entirety, which reads as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the State Board of Medical Examiners and State Board of Pharmacy Examiners shall not issue a license to practice medicine or pharmacy in this State to

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any person who was not born or naturalized in the United States, or who is not a citizen of the United States. Section 2. Said Act is further amended by striking section 2 in its entirety, which reads as follows: Section 2. Be it further enacted by the authority aforesaid that any person who was not born or naturalized in the United States or who is not a citizen of the United States and who obtains, after the passage of this Act, a license to practice medicine or pharmacy in this State shall be guilty of a misdemeanor, and shall be punished as prescribed in section 27-2506 of the Code of Georgia of 1933. Provided; that notwithstanding the foregoing provisions, any person residing in Georgia at the time of the passage of this Act and who has been a resident of Georgia not less than three months, and who has been a practicing physician in a foreign State or country for at least twenty years, and can show that he is a graduate of a medical school approved by the Association of American Medical Colleges, or the State Board of Medical Examiners of Georgia, and who shall have filed his first citizenship papers, shall be entitled to take the examination given by the Medical Board to applicants for a license to practice medicine in this State, and upon passing such examination shall be entitled to a temporary license to practice medicine in this State, which license shall be good for six years only; at the end of six years if such person shall have become a naturalized citizen of the United States a permanent license shall be issued him; if he has not become a naturalized citizen no further license shall be issued him. Section 3. Said Act is further amended by striking section 3 in its entirety, which reads as follows: Section 3. Be it further enacted by the authority aforesaid that any license issued to any person in violation of this Act shall be void and the State Board of Medical Examiners and State Board of Pharmacy Examiners shall cancel and revoke such license. The procedure in such revocation or cancellation shall be in accordance with the provisions of sections 84-916 to 84-922 of the Code of Georgia of 1933 as amended, for the cancellation or revocation of licenses generally.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. MEDICAL PRACTITIONERSLICENSING REQUIREMENTS CHANGED, ETC. Code Ch. 84-9 Amended. No. 194 (House Bill No. 451). An Act to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to change the provisions relative to the personnel of the board; to change the provisions relative to the intership requirements for licensure; to change certain provisions relative to the licenses issued by the board; to delete the provisions requiring the designation of the professional degree to which a licensee is entitled; to change the provisions relative to the qualifications and licensure of aliens; to change the provisions relative to license fees and licensure; to change the provisions relative to institutional licenses; to change the provisions relative to provisional licenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-9, relating to medical practitioners, as amended, is hereby amended by striking subsection(c) of Code section 84-902 in its entirety and substituting in lieu thereof, the following: Peer Review Committees. (c) The board shall recommend to the Secretary of State the appointment of, and the Secretary of State may appoint, an Executive Director, a Medical Coordinator and professionally qualified persons to serve as members of Peer Review Committees to assist the board in exercising or performing any and all of the powers, duties and obligations set forth in this Chapter. The Executive Director and the Medical Coordinator shall be in the unclassified service as defined in an Act completely and exhaustively

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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), as now or hereafter amended. All other personnel, including, but not limited to, secretaries, clerk-typists and investigators as may be necessary or required to assist the board in exercising or performing any and all of the powers, duties and obligations set forth in this Chapter shall be employed in accordance with the provisions of Code Chapter 84-1, as now or hereafter amended. Section 2. Said Code Chapter is further amended by adding the following paragraph at the end of subsection (a) of Code section 84-907: Provided further, that if the date of graduation is on or before January 1, 1967, no proof of intership in an approved hospital need be submitted to obtain a license from the board., so that when so amended, said subsection shall read as follows: (a) Any person wishing to obtain the right to practice medicine in this State, who has not heretofore been registered or licensed to do so, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, before it shall be lawful for him to practice medicine in this State, make application to the Composite State Board of Medical Examiners through the Joint-Secretary, State Examining Boards, upon such form and in such manner as shall be adopted and prescribed by the board, and shall obtain from the board a license to do so. Unless such persons shall have obtained a license as aforesaid, it shall be unlawful for him to practice, and if he shall practice medicine without first having obtained such a license, he shall be deemed to have violated the provisions of this Chapter. All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied with proof that the applicant is a graduate of one of the two colleges of medicine now existing in the State of Georgia, or from some other legally incorporated medical college, osteopathic college, or institution in good standing with the

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board: Provided, however, that the board shall, before approving any medical or osteopathic college not already approved by it on or before the effective date of this Act, make an adequate inspection or evaluation thereof and a determination that such college meets the standards of colleges approved by the board on or before the effective date of this Act: and Provided, further that nothing herein shall prevent the licensing of graduates of medical schools outside of the United States without such inspection under such rules as the board may promulgate. Licensing Requirements. Any such graduate, either before or after completing a year's training as an intern as required by the next paragraph of this section, shall be eligible to stand any regular examination given by the board for a license to practice medicine in this State. However, before such person shall be eligible to receive a license to practice medicine in this State, he shall furnish the board with satisfactory evidence of attainments and qualifications under the provisions of this section and the rules and regulations of the board. Nothing contained in this section shall be construed so as to require a person who has previously passed an examination given by the board for a license to practice medicine in this State to stand another examination. If the applicant submits proof that he has had one year of training as an intern in a hospital internship program approved by, and in good standing with, the board or in a hospital internship program located in another state in which such hospital internship program is approved by, and in good standing with, the board, and if he furnishes satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations of the board, he shall be eligible to receive a license from the board giving him absolute authority to practice medicine in this State: Provided, however, that the board shall, before approving any internship program not already approved by it on or before the effective date of this Act, evaluate or inspect such internship program and determine that such internship program meets the standards of programs approved by the board on or before the effective date of this Act. Provided, however, that the words `intern', `internship', or other similar terms appearing in this Code Chapter shall be construed

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to include a clinical training program to be defined and approved by the board in lieu of such internship. Provided further, that if the date of graduation is on or before January 1, 1967, no proof of internship in an approved hospital need be submitted to obtain a license from the board. Section 3. Said Code Chapter is further amended by striking Code section 84-907.2, relating to licenses to practice medicine and the degree to which licensees are entitled, in its entirety, which reads as follows: 84-907.2. License to practice medicine; degree to which licensee is entitled.On all licenses issued by the Board after the passage of this Act the Board shall enter after the name of the licensee the degree to which the licensee is entitled by reason of his diploma of graduation from a professional school in good standing with the Board. Section 4. Said Code Chapter is further amended by striking Code section 84-907.3, relating to the requirement of licensees to show their degrees on stationery and displays, in its entirety, which reads as follows: 84-907.3. Licensee to show degree on stationery and displays.A licensee under this Chapter shall, in any letter, business card, advertisement, prescription blank, sign, or public listing or display of any nature whatsoever, designate the degree to which he is entitled by reason of his diploma of graduation from a professional school in good standing with the board.. Section 5. Said Code Chapter is further amended by striking Code section 84-907.4 in its entirety, which reads as follows: 84-907.4. Any otherwise qualified applicant who shall comply with all other requirements of this Chapter, except citizenship, who possess a current Institutional License issued pursuant to the provisions of an Act relating to the licensing of aliens to practice medicine in this State, approved March 23, 1939 (Ga. L. 1939, p. 319), as amended, shall be eligible to stand the examination herein provided for and upon his successful completion thereof, he shall be granted a license to practice medicine at

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such time as all other requirements prescribed as a prerequisite to the issuance of a license are complied with, if the applicant is at the time for the issuance of the license practicing in any State operated institution or any medical college in the State of Georgia approved by the State Board of Medical Examiners of Georgia, by authority of an Institutional License authorizing such applicant to practice medicine in the State institution or medical college employing said licensee. Section 6. Said Code Chapter is further amended by striking Code section 84-907.5 in its entirety and substituting in lieu thereof, the following: 84-907.5. License to practice medicine available to certain aliens. Any qualified applicant who is an alien, who has resided in the United States for one year and who shall comply with all other requirements of this Chapter shall be eligible to stand the examination herein provided for and upon his successful completion thereof shall be granted a license to practice medicine at such time as all other requirements prescribed as a prerequisite to the issuance of a license are complied with. Section 7. Said Code Chapter is further amended by striking Code section 84-907.6 in its entirety and substituting in lieu thereof a new section 84-907.6, to read as follows: 84-907.6. The Composite State Board of Medical Examiners may grant a license without examination to an alien licentiate of a board of another state which requires equal or higher qualifications for licenses, upon the same basis as such state reciprocates with the State of Georgia, if such an applicant for a license has resided within the United States for at least one year. Section 8. Said Code Chapter is further amended by striking the first paragraph of Code section 84-914 in its entirety, which reads as follows: There shall be paid to the Joint-Secretary, State Examining Boards, by each applicant for a license by examination, who is a resident of Georgia, a fee of $20, or a fee of $50 for nonresident application for a license by examination, which shall accompany the application. The same fee shall be charged for issuing a temporary

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license, which shall include fee for examination for permanent license; and a fee of $100 shall be charged for issuing a license by reciprocity. No part of any fee shall be returnable under any circumstances; nor shall this Chapter be construed as affecting or changing in any way laws in reference to license taxes to be paid by physicians and surgeons., Fees. and substituting in lieu thereof a new first paragraph of Code Chapter 84-914, to read as follows: The board shall have the authority to set by rule and regulation fees for applicants, who are residents and nonresidents of Georgia, for a license by examination. The board shall also have the authority to set the fees for temporary and permanent licenses, renewal licenses, duplicate licenses, reciprocal licenses, institutional licenses, provisional licenses and the fee for certifying grades and other documents. No part of any such fee shall be returnable under any circumstances nor shall this Chapter be construed as affecting or changing in any way laws in reference to license taxes to be paid by physicians and surgeons. Section 9. Said Code Chapter is further amended by striking Code section 84-927 in its entirety and inserting in lieu thereof, the following: 84-927. Institutional licenses to certain persons. Notwithstanding any other provision of law to the contrary, any person who has resided in the State for one year, who is a graduate of a school accredited and approved as hereinbefore provided and who is employed by the State of Georgia in any State operated institution or is employed by any medical college in the State of Georgia approved by the Composite State Board of Medical Examiners, upon the request of the superintendent of such State institution or the dean of such medical college employing said physician may be granted an institutional license authorizing such physician to practice medicine in accordance with the provisions of this section in the State institution or medical college employing said licensee, under proper medical supervision. Said institutional license may be renewed each 12 months at the sound discretion of the board, so long as the licensee remains in the employ of the State institution or medical college requesting the license: Provided however, such institutional

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license shall not be prima facie evidence that the holder thereof meets the minimum basic requirements for examination by the Composite State Board of Medical Examiners or for the issuance of a permanent license to practice medicine. Institutional Licenses. Any residency requirement may be waived at the discretion of the board if a job description is submitted to the board indicating that the applicant's duties in one of the medical colleges in Georgia are strictly of a teaching nature as opposed to direct patient. A person issued an institutional license pursuant to this section shall not engage in the private practice of medicine and shall not receive fees or any other remuneration from his patients. Persons practicing medicine pursuant to an institutional license issued in accordance with this section shall receive as their sole remuneration for the practice of medicine the salary and other remuneration paid by the institution. The license of any person who violates the provisions of this section shall be subject to revocation by the board after notice and opportunity for hearing. Section 10. Said Code Chapter is further amended by striking Code section 84-927.1 in its entirety and substituting in lieu thereof, the following: 84-927.1. The board may, in its discretion, issue a provisional license to an applicant who demonstrates to the board that he possesses all the qualifications and meets all requirements necessary to become a licensed practitioner in this State except for having passed any required examination. In such a case, the board may waive the examination requirement and grant a provisional license which shall be valid only so long as the applicant shall practice in the geographic locality specified upon such license. The practitioner so licensed shall annually renew his license and in doing so shall furnish such proof as the board may require to indicate that he has practiced in the geographic location specified upon such license. The board shall not issue any such provisional license unless it determines in its discretion that there is an unfulfilled need for such medical services in the locality specified. The board shall have the power to promulgate such rules and regulations as may be necessary to implement the intent of this Code section. Provisional Licenses.

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Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. GRAND JUROR QUALIFICATIONS CHANGED. Code 59-201 Amended. No. 195 (House Bill No. 481). An Act to amend Code section 59-201, relative to the qualifications of grand jurors and the incompetency of certain public officers to serve as grand jurors, as amended, particularly by an Act approved March 16, 1976 (Ga. L. 1976, p. 438), so as to change certain provisions relative to the qualifications of grand jurors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 59-201, relative to the qualifications of grand jurors and the incompetency of certain public officers to serve as grand jurors, as amended, particularly by an Act approved March 16, 1976 (Ga. L. 1976, p. 438), is hereby amended by striking therefrom the following: above the age of 21 years, and inserting in lieu thereof the following: 18 years of age or older, so that when so amended Code section 59-201 shall read as follows: 59-201. Qualifications of grand jurors; incompetency of certain public officers to serve. All citizens of this State, 18 years of

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age or older, 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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. DOUGHERTY JUDICIAL CIRCUITINVESTIGATORS AUTHORIZED. No. 197 (House Bill No. 572). An Act to amend an Act to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, approved May 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, so as to provide certain authority for and duties of investigators appointed by, and serving at the direction of, the District Attorney of the circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, approved May 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, is hereby amended by adding a new section after section 3 thereof, to be designated section 3A, to read as follows: Section 3A. Investigators duly appointed by, and serving at the direction of, the District Attorney of the circuit shall have the same power to make arrests, to execute and return all criminal

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warrants and processes and serve as a peace officer as may be performed by a sheriff and may serve as subpoena clerk in the superior court for the purpose of summoning witnesses before the grand jury. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to provide that investigators employed by the office of the District Attorney of the Doutherty Judicial Circuit shall have the official status of law enforcement officers of the State of Georgia; to repeal conflicting laws and for other purposes. This the 16th day of December, 1976. Charles Hatcher Representative 131st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Hatcher who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: December 24, 31, 1976 and January 7, 1977. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 19, 1980. (Seal). Approved March 11, 1977.

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REAL ESTATE BROKERS AND SALESMENBUSINESS LICENSE TAX PROVISIONS CHANGED. Code Ch. 84-14 Amended. No. 198 (House Bill No. 604). An Act to amend Georgia Code Ann. Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to provide that no county or municipal corporation shall buy or collect any fixed amount license, occupational or professional tax upon real estate brokers except at the place where such real estate broker shall maintain a principal or branch office; to provide that a municipality or county which levies a general occupational or business license tax which is levied based on gross receipts or on a gross receipts basis, shall have the power to levy and collect an occupation, license, or professional tax upon real estate brokers transacting business within the boundaries of the taxing jurisdiction, based upon gross revenue derived from transactions with respect to property located within the boundaries of the taxing jurisdiction; 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 Ann. Chapter 84-14, relating to real estate brokers and salesmen, is hereby amended by adding at the end thereof a new section, to follow the present Georgia Code Ann. section 84-1424, to be known as Georgia Code Ann. section 84-1425, and to read as follows: 84-1425 Municipal and county occupation taxes. No county or municipal corporation shall levy or collect any fixed amount license, occupational or professional tax upon real estate brokers except at the place where any such real estate broker shall maintain a principal or branch office; however, that a municipality or county which levies a general occupation or business license tax which is levied based on gross receipts or on a gross receipts basis shall have the power to levy and collect an occupational, license, or professional tax upon real estate brokers transacting business within the boundaries of the taxing jurisdiction, which tax shall

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be based upon gross revenue derived from transactions with respect to property located within the boundaries of the taxing jurisdictions. 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 herewith are hereby repealed. Approved March 11, 1977. CORONERSANNUAL SALARY PROVIDED IN CERTAIN COUNTIES (28,300-29,600). No. 200 (House Bill No. 687). An Act to provide an annual salary for the coroner of each county of this State having a population of not less than 28,300 and not more than 29,600, according to the United States Decennial Census of 1970, or any future such census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In lieu of all fees, costs, perquisites and emoluments of whatever kind and nature now or hereafter allowed by law to coroners for service as such, the coroner of each county of this State having a population of not less than 28,300 and not more than 29,600, according to the United States Decennial Census of 1970, or any future such census, is hereby placed on a salary of $250.00 per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977.

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BAILWHERE BAIL FIXED FOR FELONY, MUST BE GRANTED IN CERTAIN CIRCUMSTANCES. Code 27-418 Amended. No. 203 (House Bill No. 704). An Act to amend Code section 27-418, relating to commitment and bail, so as to provide that no person shall be imprisoned under a felony commitment when bail has been fixed if such person tenders and offers to give bond in the amount of the bail fixed with sureties acceptable to the sheriff of the county in which the alleged offense occurred; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-418, relating to commitment and bail, is hereby amended by adding at the end thereof, the following: No person shall be imprisoned under a felony commitment when bail has been fixed if such person tenders and offers to give bond in the amount fixed with sureties acceptable to the sheriff of the county in which the alleged offense occurred., so that when so amended, Code section 27-418 shall read as follows: 27-418. If bail is tendered and accepted, no regular commitment need be entered, but a simple memorandum of the fact of bail being taken shall be sufficient. A reasonable opportunity shall be allowed the accused to give bail; and even after commitment and imprisonment, the committing court may order the prisoner brought before him to receive bail. No person shall be imprisoned under a felony commitment when bail has been fixed if such person tenders and offers to give bond in the amount fixed with sureties acceptable to the sheriff of the county in which the alleged offense occurred. Provided, however, the sheriff shall publish and post written rules and regulations defining acceptable sureties and prescribing under what conditions sureties may be accepted. This act shall not be construed to prevent the posting of real property bonds and the sheriff may prohibit the

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posting of property bonds except the sheriff may require a cash reserve and property for the operation of professional bondsmen. Provided further, this act shall not abrogate or repeal the common law authority of the judge having jurisdiction. 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. Approved March 11, 1977. TAX COMMISSIONER'S COMPENSATION CHANGED IN CERTAIN COUNTIES (180,000-190,000). No. 215 (House Bill No. 850). An Act to amend an Act to provide for the compensation of the tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census, approved April 24, 1975 (Ga. L. 1975, p. 4554), so as to change the compensation of the tax commissioner in each such county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for the compensation of the tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census, approved April 24, 1975 (Ga. L. 1975, p. 4554), is hereby amended by striking from section 1 thereof the following: $18,000.00 per annum. Such base salary shall be increased by 2% of such base salary as of July 1 of each year with the first such increase becoming effective on July 1, 1976, and substituting in lieu thereof the following:

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$22,500.00 per annum. Such base salary may be increased by 2% of such base salary as of July 1 of each year with the first such increase becoming effective on July 1, 1977, upon a vote of approval by the county board of commissioners, so that when so amended section 1 shall read as follows: Section 1. The tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census shall receive a base salary of $22,500.00 per annum. Such base salary may be increased by 2% of such base salary as of July 1 of each year with the first such increase becoming effective on July 1, 1977, upon a vote of approval by the county board of commissioners. The salary increases above the base salary provided for herein shall apply only to the same tax commissioner holding office from one year to the next, and in the event a new tax commissioner takes office, either by election for a full term or to fill a vacancy for the unexpired term, the beginning compensation of such new tax commissioner shall be the base salary provided for herein until such tax commissioner holds office to qualify for the increases provided for herein. The compensation of the tax commissioner shall be paid in equal monthly installments from the funds of each such county. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977.

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CLAYTON JUDICIAL CIRCUITCOUNTY SUPPLEMENT TO SUPERIOR COURT JUDGES' SALARIES CHANGED. No. 216 (House Bill No. 838). An Act to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 310), so as to change the county supplement to the State salary of said judges; to provide 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 a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 310), 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. In addition to the salary payable from State funds, each judge of the Superior Court of the Clayton Judicial Circuit shall receive a supplement of five thousand dollars ($5,000.00) per annum, payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is hereby authorized and directed to pay to each judge the compensation provided for herein. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News/Daily, and that the legal

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advertisement which appears below was published in said newspaper on the following dates: January 25, February 1 and 8, 1977. /s/ Jim Wood Publisher Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act providing for a supplement to the salaries of the Judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. Laws 1969, page 353) as amended, so as to change the county supplement to the state salary of said judges: and for other purposes. This 21st day of January, 1977. Rudolph Johnson Representative, 72nd District William J. Lee Representative, 72nd District Jimmy Benefield Representative, 72nd District Jim Wood Representative, 72nd District Virginia Shapard Senator, 28th District Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Helen W. Jenkins Notary Public, Georgia State at large. (Seal). Approved March 11, 1977.

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BOARD OF EDUCATION SALARY ACT REPEALED IN CERTAIN COUNTIES (4,540-4,550). No. 226 (House Bill No. 859). An Act to repeal an Act to provide for the compensation of the board of education in counties having a population of not less than 4,540 and not more than 4,550, according to the United States Decennial Census of 1960 or any future such census, approved March 6, 1962 (Ga. L. 1962, p. 3122); to provide 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 provide for the compensation of the board of education in counties having a population of not less than 4,540 and not more than 4,550, according to the United States Decennial Census of 1960 or any future such census, approved March 6, 1962 (Ga. L. 1962, p. 3122), is hereby repealed in its entirety. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1977. GEORGIA SAFE DRINKING WATER ACT OF 1977. No. 231 (House Bill No. 23). An Act to provide for the regulation of the quality of water in Georgia's public water systems which are used to provide the public with piped water for human consumption; to provide a

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statement of policy; to designate the Division of Environmental Protection of the Department of Natural Resources as the State agency to administer the provisions of this Act; to provide a short title; to define certain words and phrases; to define the powers and duties of the Board of Natural Resources under this Act; to define the powers and duties of the Director of the Division of Environmental Protection under this Act; to provide for the enforcement of drinking water rules and regulations; to provide that these drinking water rules and regulations will be no less stringent than national primary drinking water regulations adopted under the Federal Safe Drinking Water Act; to except certain public water systems from the requirements of the rules and regulations; to provide for such record keeping and reporting with respect to enforcement as required by the Federal Act; to make it unlawful to own or operate a public water system without complying with the rules and regulations, orders and permits established under this Act; to require owners or operators of public water systems to obtain permits in order to operate same; to provide for temporary operation of public water systems operating under previously issued certificates of approval; to authorize the Director to require the submission of such information as he deems relevant in connection with the issuance of permits; to authorize the Director of the Environmental Protection Division to establish certain terms and conditions in permits; to provide a fixed term for such permits and procedures and conditions for issuance of new permits on expiration of same; to provide for the revocation, suspension, or modification of such permits; to provide for variances and exemptions from the regulations promulgated under this Act; to provide for the submission of additional information to the Director by applicants for permits and permit holders as needed; to provide for inspections and investigations by the Director or any agent or employee of the Division; to provide for certain actions which the Director may take in the event a contaminant presents or may present an imminent danger to the public health; to provide for the development of a plan for the emergency provision of water; to provide for notification to users and regulatory agencies under certain circumstances; to set forth certain acts which are unlawful; to provide for certain enforcement procedures, including the issuance of orders by the Director; to provide that an order or permit shall

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become final within 30 days after service absent a request for a hearing; to provide for hearings on contested matters and judicial review thereof; to provide for emergency orders to be effective immediately; to provide for an expedited hearing within 20 days after issuance of an emergency order; to provide that the Attorney General will represent the Director or Board in actions under this Act; to provide for civil penalties and procedures for imposing such penalties; to authorize the Director to apply to the superior courts of this State for certain injunctive relief; to authorize the Director to file in certain superior courts a certified copy of a final order and have judgment rendered in accordance therewith; to provide for a criminal penalty for acts made unlawful by this Act; to designate the Division as the State agency to receive financial aid from the Federal Government and other sources; to provide for severability, to repeal Ga. Code Chapter 88-26, as amended, except for those provisions relating to water fluoridation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Declaration of Policy; Policy of Law; Department of Natural Resources Designated as Agency to Administer Provisions. As a guide to the interpretation and application of this Act, it is hereby declared to be the policy of the State of Georgia that the drinking waters of the State shall be utilized prudently to the maximum benefit of the people and that the quality of such waters shall be considered a major factor in the health and welfare of all people in the State of Georgia. To achieve this end, the Government of the State shall assume responsibility for the quality of said waters and the establishment and maintenance of a water supply program adequate for present needs and designed to care for the future needs of the State. This requires that an agency of the State be charged with this duty and that it have the authority to require the use of reasonable methods, that is, those methods which are economically and technologically feasible to insure adequate water of the highest quality for water supply systems. Because of

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substantial and scientifically significant variations in the characteristics, usage, and effect upon public interest of the various surface and underground waters of the State, uniform requirements will not necessarily apply to all waters or segments thereof. It is the intent of this Act to confer discretionary administrative authority upon such agency to take the above and related circumstances into consideration in its decisions and actions in determining under the conditions prevailing in specific cases, those procedures to best protect the public interests. The Division of Environmental Protection, Department of Natural Resources of the State of Georgia is hereby designated as the State agency to administer the provisions of this Act consistent with the above-stated policy. Section 2. Short Title . This Act shall be known and may be cited as the Georgia Safe Drinking Water Act of 1977. Section 3. Definitions . As used in this Act: (1) cross-connection means any physical arrangement whereby a public water supply is or may be connected directly or indirectly with a nonpotable water supply or unapproved water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain, contaminated water, liquid, gases, sewerage or other waste of unknown or unsafe quality, which may be capable of imparting contamination to the public water supply as the results of backflow, bypass arrangements, jumper connections, removable sections, swivel or change over devices, and other temporary, permanent or potential connections through which or because of which backflow or backsiphonage could or would occur. (2) Department means the Department of Natural Resources of the State of Georgia. (3) Board means the Board of Natural Resources of the State of Georgia. (4) Division means the Division of Environmental Protection, Department of Natural Resources of the State of Georgia.

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(5) Director means the Director of the Division of Environmental Protection, Department of Natural Resources of the State of Georgia, or his designee. (6) waters of the State means and includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and all other bodies of surface or underground water, natural or artificial, of this State. (7) public water system means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals. Such term includes but is not limited to (i) any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system, and (ii) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. (8) person or persons means any individual, corporation, company, association, partnership, county, municipality, State agency or other entity. (9) municipality means a city, town, or other public body created by or pursuant to State law. (10) contaminant means any physical, chemical, biological, or radiological substance or matter in water. (11) Administrator means the Administrator of the U. S. Environmental Protection Agency. (12) Federal Act means the Safe Drinking Water Act, P. L. 93-523. (13) Georgia primary drinking water regulation means a regulation which: (i) applies to public water systems; (ii) specifies contaminants which, in the judgment of the Director, may have any adverse effect on the health of persons;

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(iii) specifies for each contaminant either (a) a maximum contaminant level in public water systems if, in the judgment of the Director, it is economically and technologically feasible to ascertain the level of such contaminant in such systems, or (b) if, in the judgment of the Director, it is not economically or technologically feasible to ascertain the level of such contaminant, each treatment technique known to the Director which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of 42 U. S. C. Section 300g-1 (1974); (iv) contains criteria and procedures, to assure a supply of drinking water which dependably complies whth such maximum contaminant levels; including quality control and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system, and requirements as to (a) the minimum quality of water which may be taken into the system and (b) siting for new facilities for public water stystems. (14) national primary drinking water regulations mean primary drinking water regulations promulgated by the Administrator pursuant to the Federal Act. (15) secondary drinking water regulation means a regulation which applies to public water systems and which specifies the maximum contaminant levels which, in the judgment of the Director or Administrator, are requisite to protect the public welfare. Such regulations may apply to any contaminant in drinking water (a) which may adversely affect the odor or appearance of such water and consequently may cause a substantial number of the persons served by the public water system providing such water to discontinue its use, or (b) which may otherwise adversely affect the public welfare. Section 4. Powers and Duties of Board. In the performance of its duties, the Board shall: (1) Establish by rule or regulation standards of quality for water that will be distributed in public water systems; (2) Establish by rule or regulation such policies, requirements or standards governing the source, collection, distribution,

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purification, treatment and storage of water for public water systems as it deems necessary for the reasonable and proper use thereof in conformity with the intent of this Act; (3) Adopt, modify, repeal and promulgate rules and regulations, including but not limited to the Georgia primary drinking water regulations, applicable throughout the State governing the installation, use and operation of systems, cross-connection control, quality control, laboratory certification, methods and means for treating and furnishing water to the public by way of public water systems for the proper administration of this Act; (4) Adopt, modify, repeal and promulgate Georgia secondary drinking water regulations at such time as, in the judgment of the Director or the Administrator, they are necessary to protect the public welfare. The above and foregoing powers and duties may be exercised and performed by the Board through such duly authorized agents and employees as it deems fit and proper. Section 5. Powers and Duties of the Director. The Director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this Act and all rules and regulations and orders promulgated thereunder; (2) To encourage, participate in or conduct studies, investigations, research and demonstrations relating to the quality and purity of waters for public water systems of the State as he deems advisable and necessary; (3) To issue permits covering the operation of public water systems, stipulating in each permit the conditions under which such permit was issued and to deny, revoke, modify, or amend permits for good cause. In the event of denial, modification or revocation of a permit the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action;

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(4) To make investigations, laboratory analyses and inspections to insure compliance with this Act, rules and regulations issued pursuant thereto, and any orders which the Director may issue; (5) To advise, consult, cooperate, and contract with other agencies of the State and political subdivisions thereof and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other States and the United States and their several agencies on water quality matters insofar as said agreements relate to the operation of public water systems; (6) To conduct such public hearings as he deems necessary for the proper administration of this Act; (7) To collect and disseminate informantion relating to the quality of the water being furnished by the public water systems of the State; (8) To issue orders as may be necessary to enforce compliance with the provisions of this Act and all rules and regulations promulgated hereunder; (9) To investigate any apparent violation of the Act and to take any action authorized hereunder as he deems necessary to enforce the provisions of this Act; (10) To institute, in the name of the Division, proceedings of mandamus or other proper legal proceedings to enforce the provisions of this Act; (11) To exercise all incidental powers necessary to carry out the purposes of this Act; The above and foregoing powers and duties may be exercised and performed by the Director through such duly authorized agents and employees as he deems necessary and proper.

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Section 6. Drinking Water Rules and Regulations: Enforcement, National Regulations, Exceptions, Record Keeping and Reporting. (a) The Director shall enforce all rules and regulations promulgated and adopted pursuant to this Act. (b) The Georgia primary drinking water regulations shall be no less stringent than the complete interim or revised national primary drinking water regulations adopted pursuant to the Federal Act. (c) The Georgia primary drinking water regulations shall apply to each public water system in the State, except that such regulations shall not apply to a public water system which meets all the following criteria: (1) which consists only of distribution and storage facilities (and which does not have any collection and treatment facilities); (2) which obtains all of its water from, but is not owned or operated by, the owner or operator of a public water system to which such regulations apply; (3) which does not sell water to any persons; and (4) which is not a carrier which conveys passengers in intrastate commerce. (d) The Director shall initiate procedures for the enforcement of the rules and regulations promulgated and adopted pursuant to the provisions of this Act, including, but not necessarily limited to, monitoring and inspection procedures. (e) The Director shall keep such records and make such reports with respect to his activities under subsections (a) and (d) of this section as may be required by regulations established by the Administrator pursuant to the Federal Act. Section 7. Permits for Operation of Public Water Systems. (a) It shall be unlawful for any person to own or operate a public water system, except in such a manner as to conform and

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comply with all rules, regulations, orders and permits established under the provisions of this Act and applicable to the waters involved. (b) Except as to those owners or operators of public water systems excepted from Georgia primary drinking water regulations under section 6, any person who owns or operates a public water system or who desires to commence operation of a public water system shall obtain a permit from the Director of the Division of Environmental Protection of the Georgia Department of Natural Resources to operate same. Any person desiring to own or operate a public water system, but who is not operating such a system as of the effective date of this Act, must obtain such permit prior to the operation of same: provided, however, such person may apply for and receive, in the discretion of the Director, a provisional permit to operate the system until such time as rules and regulations promulgated pursuant to this Act have become effective and the Director has acted upon the person's application for a permit required pursuant to this Act. Such request for a provisional permit shall not be acted upon by the Director until he has received from the person an application for a permit required pursuant to this Act. Any person who owns or operates a public water system under authority of a valid certificate of approval issued under prior Ga. Code section 88-2606 as of the effective date of this Act may continue such operation pending final action by the Director on the application for such permit: provided such person submits his application and a copy of such certificate to the Director within six (6) months after the effective date of this Act; and provided, further, that such operation does not present an immediate health hazard to the public. The Director, under the conditions he prescribes, may require the submission of such plans, specifications and other information as he deems relevant in connection with the issuance of such permits. The Director may issue a permit which authorizes the person to operate a public water system, upon condition that the owner or operator of such system, meets or will meet, pursuant to any schedule of compliance included in such permit, all rules and regulations promulgated pursuant to this Act including, but not limited to, drinking water regulations established pursuant to this Act. (c) The Director is authorized to require as conditions in permits issued under subsection (b) of this section the compliance

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with maximum contaminant levels established pursuant to this Act. Maximum contaminant levels shall be complied with in the shortest reasonable period of time consistent with this Act and the Federal Act. The Director is further authorized, in conformity with this Act and the Federal Act, to set schedules of compliance and include such schedules within the terms and conditions of such permits and to prescribe terms and conditions for such permits to assure compliance with applicable maximum contaminant levels and drinking water criteria established pursuant to this Act, including, but not limited to, requirements concerning recording, reporting, monitoring, entry, inspection and laboratory analyses, to the extent permissible under this Act, and such other requirements as are consistent with the purposes of this Act. (d) Each permit issued under subsection (b) of this section shall have a fixed term not to exceed 10 years. Upon expiration of such permit a new permit may be issued by the Director and upon condition that the continued operation of such public water system meets or will meet all applicable drinking water standards, maximum contaminant levels and all other requirements established pursuant to this Act. The Director is authorized to include in permits issued under this subsection such terms and conditions as are authorized under subsections (b), (c) and (d) of this section. (e) The Director may revoke, suspend or modify any permit issued under subsection (b), (c) and (d) of this section for cause, including but not limited to, the following: (1) violation of any condition of said permit; (2) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts; (3) change in any condition that requires either: (a) a temporary or permanent decrease in the maximum contaminant levels; or (5) elimination of the permitted operation. In the event of modification, suspension or revocation of a permit, the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for the action.

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Section 8. Variances and Exemptions. The Director may authorize variances or exemptions from the regulations promulgated pursuant to this Act under such conditions and in such manner as he deems necessary and desirable: provided, however, that such variances or exemptions shall not be permitted under conditions which are less stringent than the conditions under which variances and exemptions may be granted under the Federal Act. Section 9. Information to be Furnished Applicants for Permits and by Permit Holders. (a) Any applicant for a permit whose application is pending final consideration shall upon request of the Director provide such additional information as may be necessary to complete final disposition of the application. (b) Any permit holder shall on request of the Director furnish such information as is reasonably necessary and pertinent to enable the Director to discharge his duties under this Act. Section 10. Inspections and Investigations by the Director or any Agent or Employee of the Division. The Director or any agents or employees of the Division shall be permitted access in or upon any private or public property at all reasonable times for the purpose of inspecting and investigating conditions, processes, methods of treatment, and records relating to the operation of any public water system, or in order to test any feature of a public water system, including its raw water source. Section 11. Imminent Hazards. The Director, upon receipt of information that a contaminant is present in or is likely to enter a public water system and that such contaminant may present an imminent and substantial endangerment to the public health, may take such authorized action as he may deem necessary in order to protect the health of such persons. The actions which the Director may take include, but shall not be limited to, (1) issuing such orders as may be necessary to protect the health of persons who are or may be users of such system, including travelers, (2) commencing actions under section 17 of this Act, and (3) commencing a civil action for appropriate relief,

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including, but not limited to, action to obtain a restraining order or temporary or permanent injunction. Section 12. Plan for Emergency Provision of Water. The Director shall develop an adequate plan for the provision of safe drinking water under emergency circumstances. When, in the judgment of the Director, emergency circumstances exist in the State with respect to a need for safe drinking water, he may take such actions as he may deem necessary in order to provide such water where it otherwise would not be available. Section 13. Notification of Users and Regulatory Agencies. Whenever a public water system (1) is not in compliance with the Georgia primary drinking water regulations, including, but not limited to, failure to comply with a maximum contaminant level, (2) fails to perform monitoring required by regulations adopted pursuant to this Act, (3) is subject to a variance granted for an inability to meet a maximum contaminant level requirement, (4) is subject to an exemption from a maximum contaminant level, or (5) fails to comply with the requirements prescribed by a variance or exemption, the owner or operator of such system shall as soon as practicable notify the local public health department, the Director, and communications media serving the area served by the system of the nature, extent and possible adverse health effects of such situation. Such notice shall also be given by the owner or operator of such system in a form and manner and to the extent reasonably prescribed by the Director, which shall, at a minimum, include publication in a newspaper of general circulation within the area served by such water system at least once every three (3) months so long as the violation, variance, exemption or other such situation continues. Such notice shall also be included with the water bills of the system so long as such situation continues, as follows: if the water bills of a public water system are issued more often than once every three (3) months, such notice shall be included in at least one water bill of the system for each customer every three (3) months; if the system issues its water bills less often than once every three (3) months, such notice shall be included in each of the water bills issued by the system for each customer: provided, however, that the Director may prescribe in regulations alternative notice requirements.

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Section 14. Prohibited Acts. (a) Subject to the provisions of section 7(b) of this Act, it shall be unlawful for any person to own or operate a public water system without first having secured a permit from the Director for such operation. (b) It shall be unlawful for an owner or operator of a public water system to commit or cause the commission of the following acts: (1) Fail to comply with the requirements of section 13 of this Act, or disseminate any false or misleading information with respect to notices required pursuant to section 13 of this Act or with respect to remedial actions being undertaken to achieve compliance with the Georgia primary drinking water regulations; (2) Fail to comply with regulations promulgated pursuant to this Act or with conditions for variances or exemptions authorized under section 8 of this Act. Section 15. Orders and Permits of the Director. Whenever the Director has reason to believe that a violation of any provision of this Act or any rule or regulation adopted pursuant to this Act has occurred, he shall, if appropriate, attempt to obtain compliance therewith by conference, conciliation or persuasion. Failing to obtain compliance in this manner, the Director may order the violator to take whatever corrective action he deems necessary in order to obtain such compliance within a period of time to be prescribed in such order. Any order issued by the Director under the provisions of this Act shall be signed by the Director. Any order or permit issued by the Director shall become final unless the person or persons named therein files with the Director a written request for a hearing within 30 days after such order or permit is served on such person or persons. Section 16. Hearings on Contested Matters; Judicial Review. Hearings on contested matters and judicial review of final orders, permits or other enforcement actions under this Act shall be provided and conducted in accordance with the provisions of section 17(a) of the Executive Reorganization Act of 1972.

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Section 17. Emergency Orders by Director; Immediate Effect; Hearing. Whenever the Director finds that an emergency exists requiring immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the provisions of sections 15 and 16 of this Act, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but shall be afforded a hearing within 20 days of the issuance of same. Notice of the time and place of such hearing shall be specified in such order. The hearing shall be conducted by a hearing officer appointed by the Board. Based upon findings adduced at such hearing, the order shall be modified, revoked or continued by the hearing officer as he deems appropriate. Review of the hearing officer's decision shall be conducted in accordance with section 17(a) of the Executive Reorganization Act of 1972. Section 18. Attorney General to Represent Director or Board. It shall be the duty of the Attorney General to represent the Director or the Board or designate some member of his staff to represent either or both in all actions in connection with this Act. Section 19. Civil Penalties and Procedures for Imposing Such Penalties. (a) Civil penalties. (1) Any person violating any provision of this Act or any permit condition or limitation established pursuant to this Act or negligently failing or refusing to comply with any final order of the Director issued as provided herein, shall be liable for a civil penalty not to exceed $1,000 for such violation and an additional civil penalty not to exceed $500 for each day during which said violation continues. (2) Any person willfully violating any provision of this Act or any permit condition or limitation established pursuant to this Act or willfully failing or refusing to comply with any final order of the Director issued as provided herein, shall be liable for a civil penalty not to exceed $5000 for each day during which said violation continues. (b) Procedures. Whenever the Director of the Division of Environmental Protection has reason to believe that any person has

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violated any provision of this Act or has negligently or willfully failed or refused to comply with any final order of the Director, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the Board. Upon a finding that said person has violated any provision of this Act or has negligently or willfully failed or refused to comply with a final order of the Director, said hearing officer shall issue his initial decision imposing such civil penalties as are herein provided. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with section 17(a) of the Executive Reorganization Act of 1972. Section 20. Application by Director for Injunctive Relief. Whenever in the judgment of the Director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this Act, he may make application to the superior court of the county in which the unlawful act or practice has been or is about to be engaged in, for an order enjoining such act or practice, or for an order requiring compliance with the Act, and upon a showing by the Director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law. Section 21. Judgment in Accordance with Director's Order. The Director may file in the superior court of the county wherein the person under order resides, or if said person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Director unappealed from or a final order of the Director affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by said court. Section 22. Criminal Penalty for Unlawful Action. Any person who engages in any action made unlawful by this Act shall be guilty of a misdemeanor, and upon conviction, therefor, shall

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be punished as provided by law. Each day of continued violation after conviction shall constitute a separate offense. Section 23. Division Designated as State Agency to Receive Financial Aid from Federal Government and Other Sources. The Division is hereby designated as the State agency to receive and administer financial aid from the Federal Government or other public or nonprofit sources for purposes of water supply quality control, administration of the State's water supply program, administration of any Federal or State water supply grant program, or any purposes relating to the furnishing of water by public water systems. Section 24. Severability Section. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 25. Specific Laws Repealed. Ga. Code Chapter 88-26 relating to water supply quality control, approved March 18, 1964 (Ga. L. 1964, pp. 499, 637-645), as amended, is hereby repealed in its entirety, except for Ga. L. 1973, p. 148 et seq., approved March 26, 1973, relating to fluoridation of certain water supplies. The provisions of this Act are enacted in lieu thereof. The repeal of said Chapter shall in no case or event be deemed or held to have the effect of restoring, revising or reenacting any prior Acts or laws previously repealed. Section 26. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 27. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1977.

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GEORGIA WATER QUALITY CONTROL ACT AMENDED. No. 232 (House Bill No. 293). An Act to amend an Act known as the Georgia Water Quality Control Act, approved March 11, 1964 (Ga. L. 1964, p. 416), as amended, so as to amend the policy declared; to require the establishment or revision of permissible limits of surface water usage; to require permits for the withdrawal, diversion or impoundment of surface waters; to provide certain exemptions; to define certain terms and phrases; to provide that the applicant for permit must establish that the withdrawal, diversion or impoundment is consistent with the provisions of this Act; to provide for withdrawal, diversion or impoundment of surface waters pending action on application for permit under certain conditions; to set forth certain information to be contained in permit applications; to provide for the establishment of a system of classification in the event of competing applications; to provide for proration of available surface waters when feasible in situations involving competing applicants who qualify equally under the classification system except that renewal applications shall have preference over initial applications; to provide for the issuance of permits to applicants who were withdrawing, diverting or impounding surface waters as of the effective date of this Act; to provide for the duration of such permits; to provide for the modification of a permit; to provide a procedure for renewal of a permit; to provide for revocation, suspension or modification of a permit; to provide for the imposition of restrictions on permits previously issued during emergency periods of water shortage through emergency orders; to provide a procedure for the issuance of such emergency orders; to provide for monitoring, recording and reporting by permittees and certain other persons; to provide certain requirements and procedures relative to permits for the withdrawal and transfer of surface waters across natural basins; to provide for administrative hearings and reviews and judicial reviews on actions of the Director under the permitting system; to provide the Georgia Environmental Protection Division with certain powers in dealing with the United States regarding management and allocation of the States surface water resources; to authorize the

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Director of the Georgia Environmental Protection Division to enter into contracts or compacts on behalf of the State with the federal government, sister states, political subdivisions and public utilities for purposes of proper management of the State's surface water resources; to provide that the withdrawal, diversion or impoundment of surface waters in violation of the provisions of the permitting system shall be unlawful; to provide an effective date; to repeal conflicting laws; to provide for severability; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Water Quality Control Act, approved March 11, 1964 (Ga. L. 1964, p. 416), as amended, is hereby amended by striking section 2 in its entirety and by substituting in lieu thereof a new section 2, to read as follows: Section 2. Policy Declared. The people of the State of Georgia are dependent upon the rivers, streams, lakes and subsurface waters of the State for public and private water supply and for agricultural, industrial and recreational uses; therefore, it is hereby declared to be the policy of the State of Georgia that the water resources of the State shall be utilized prudently to the maximum benefit of the people in order to restore and maintain a reasonable degree of purity in the waters of the State and an adequate supply of such waters, and to require where necessary, reasonable usage of the waters of the State and reasonable treatment of sewage, industrial wastes, and other wastes prior to their discharge into such waters. To achieve this end the government of the State shall assume responsibility for the quality and quantity of said water resources and the establishment and maintenance of a water quality and water quantity control program adequate for present needs and designed to care for the future needs of the State provided that nothing contained herein shall be construed to waive the immunity of the State for any purpose. Policy. This requires that the Division of Environmental Protection of the Department of Natural Resources, State of Georgia be charged with the foregoing duty and that it have the authority to regulate the withdrawal, diversion or impoundment of the surface waters of the State and to require the use of reasonable

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methods after having considered the technical means available for the reduction of pollution and economic factors involved to prevent and control the pollution of the waters of the State. Further, it is the intent of this Act to provide administrative facilities and procedures within the executive branch of the government for determining improper usage of the surface waters of the State and pollution of the waters of the State, and to confer discretionary administrative authority upon said Division of Environmental Protection to take these and related circumstances into consideration in its decisions and actions in determining, under the conditions and specific cases, those procedures to best protect the public interest. Section 2. Said Act is further amended by adding a new subsection to section 5, to be designated subsection (17), to read as follows: (17) Establish or revise through rules and regulations or permit conditions or both, permissible limits of surface water usage for both consumptive and nonconsumptive purposes. Section 3. Said Act is further amended by adding a new section between sections 10 and 11 to be designated section 10A, to read as follows: Section 10A. Permits required for usage of surface waters. (1) No person shall make any withdrawal, diversion, or impoundment of any of the surface waters of the State for whatever use without obtaining a permit from the Director of the Environmental Protection Division, Department of Natural Resources, State of Georgia; provided, however, that no permit shall be required for any such withdrawal if same does not involve more than 100,000 gallons per day on a monthly average; any such diversion which does not reduce the flow of the surface waters at the point where the watercourse prior to diversion leaves the person or persons' property or properties on which the diversion occurred, by more than 100,000 gallons per day on a monthly average; any such diversion accomplished as part of construction for transportation purposes which does not reduce the flow of surface waters in the diverted watercourse by more

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than 150,000 gallons per day on a monthly average; or any such impoundment which does not reduce the flow of the surface waters immediately downstream of the impoundment by more than 100,000 gallons per day on a monthly average. No permit shall be required for the withdrawal or diversion of surface waters for farm uses and no permit shall be required for a reduction of flow of surface waters during the period of construction of an impoundment including the initial filling of the impoundment, or for farm ponds or farm impoundments constructed and managed for the sole purpose of fish, wildlife, recreation or other farm uses. For purposes of this section, the following words and phrases shall have the following meanings: Permits. (a) `Withdrawal' shall mean the taking away of surface water from its natural course; (b) `Diversion' shall mean a turning aside or altering of the natural course of surface waters; (c) `Impoundment' shall mean the storing or retaining of surface water by whatever method or means; (d) `Surface water(s) of the State' or `surface water(s)' shall mean any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs producing in excess of 100,000 gallons per day, and all other bodies of surface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation; (e) `Director' shall mean the Director of the Environmental Protection Division of the Department of Natural Resources, State of Georgia. (f) `Farm uses' shall mean irrigation of farmland, provision of water supply for farm animals, poultry farming, or any other activity conducted in the course of farming operations. (2) To obtain a permit pursuant to the provisions of this section, the applicant must establish that the proposed withdrawal,

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diversion or impoundment of surface waters is consistent with the provisions of this Act. (3) Any person who is withdrawing, diverting, or impounding surface waters as of the effective date of this section may continue such operation pending final action by the Director on said person's application for a permit, provided such application has been filed with said Director within one hundred eighty (180) days after the effective date of this section and provided further that such operation does not present an immediate health hazard to the public. (4) All permit applications filed with the Director under this section shall contain the name and address of the applicant (in the case of a corporation, the address of its principal business office in this State), the date of filing, the source of the water supply, the quantity of water applied for, the use to be made of the water and any limitation thereon, the place of use, the location of the withdrawal, diversion, or impoundment, and such other information as said Director may deem necessary; provided, however, any required information already provided the Director by the applicant in the context of prior dealings with the Environmental Protection Division, which information is still correct, may be incorporated into the application by adequate reference to same. (5) Subject to subsection (7) of this section, the Board of Natural Resources of this State shall by rule or regulation establish a reasonable system of classification for application in situations involving competing applications for a supply of available surface waters. Such classifications shall be based upon but not necessarily limited to the following factors.: (a) The number of persons using the particular water source and the object, extent and necessity of their respective withdrawals, diversions or impoundments; (b) The nature and size of the water source; (c) The physical and chemical nature of any impairment of the water source, adversely affecting its availability or fitness for other water uses;

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(d) The probable severity and duration of such impairment under foreseeable conditions; (e) The injury to public health, safety or welfare which would result if such impairment were not prevented or abated; (f) The kinds of businesses or activities to which the various uses are related and the economic consequences; (g) The importance and necessity of the uses claimed by permit applicants and the extent of any injury or detriment caused or expected to be caused to other water uses; (h) Diversion from or reduction of flows in other water courses; (i) The prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the Director within a reasonable time after July 1, 1977; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including potential as well as present use; (j) The varying circumstances of each case. (6) In the event two or more competing applicants qualify equally under subsection (5) above, the Director is authorized to grant permits to applicants for use of specified quantities of surface waters on a prorated or other reasonable basis in those situations where such action is feasible; provided, however, the Director shall give preference to a renewal application over an initial application. (7) In any case where a permit applicant can prove to the Director's satisfaction that the applicant was withdrawing, diverting or impounding surface waters prior to the effective date of this section, the Division shall take into consideration the extent to which such prior withdrawal, diversion or impoundment was reasonably necessary in the judgment of the Director to meet his needs, and shall grant a permit which shall meet those reasonable needs; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other

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water uses in the area, including but not limited to public use and potential as well as present use, and provided further, however, notwithstanding the above, that the Director shall grant a permit to any permit applicant who on the effective date of this Act has outstanding indebtedness in the form of revenue certificates or general obligation bonds which are being amortized through the sale of surface water, the permitted quantity of which shall be at least in an amount consistent with that quantity for which the revenue certificates or general obligation bonds were issued. (8) Permits may be granted pursuant to this section for any period of time not less than ten (10) years (unless the applicant requests a shorter period of time) or more than twenty (20) years; provided, however, the Director may authorize a permit of duration of up to fifty (50) years in the case of a municipality or other governmental body where such period is required to provide for the retirement of bonds for the construction of water works or waste disposal facilities. The Director may base duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use. (9) A permittee may seek modification of any of the terms of an unexpired permit. The Director may approve the proposed modification provided the permittee establishes that (a) a change in conditions has resulted in a need by the permittee of more water than is allowed under the existing permit, or (b) the proposed modification would result in a more efficient utilization of water than is possible under the existing permit, or (c) a proposed change in conditions would result in a need by the permittee of more water than is allowed under the existing permit. Any such modification shall be consistent with the health and safety of the citizens of this State and with the provisions of this Act. In any administrative review proceeding resulting from an action of the Director under this subsection, the burden of proof in establishing that the requisite criteria has been met shall be upon the person seeking such modification. (10) A permittee may seek renewal of a permit issued pursuant to this section from the Director at any time within six (6) months from the date of expiration of the permit. Except as

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otherwise specified in this section, all permit renewal applications shall be treated in the same manner as the initial permit application. (11) The Director may revoke, suspend or modify a permit issued pursuant to this section as follows: (a) for any material false statement in an application for a permit to initiate, modify, or continue a use of surface waters, or for any material false statement in any report or statement of fact required of the permittee pursuant to the provisions of this section or the conditions contained in a permit granted hereunder, the Director may revoke the user's permit, in whole or in part, permanently or temporarily. (b) for any wilful violation of the conditions of a permit granted pursuant to this section, the Director may revoke the user's permit, in whole or in part, permanently or temporarily. (c) for violation of any provision of this section, the Director may revoke the permit, in whole or in part, for a period not to exceed one (1) year. (d) for nonuse of the water supply (or a significant portion thereof) allowed by the permit for a period of two (2) consecutive years or more, the Director may revoke the permit permanently, in whole or in part, unless the permittee can reasonably demonstrate that his nonuse was due to extreme hardship caused by factors beyond his control. (e) the Director may revoke a permit permanently, in whole or in part, with the written consent of the permittee. (f) the Director may suspend or modify a permit if he should determine through inspection, investigation or otherwise that the quantity of water allowed under the permit is greater than that needed by the permittee for the particular use upon which the application for permit was based. (g) the Director may revoke, suspend or modify a permit for any other good cause consistent with the health and safety of the citizens of this State and with the provisions of this Act.

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In the event of modification, suspension or revocation of a permit, the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action. (12) Emergency Period of Water Shortage. (a) Whenever it clearly appears to the Director from specific facts shown by affidavit of any resident of the affected area of this State that an emergency period of water shortage exists within such area, so as to place in jeopardy the health or safety of the citizens of such area or to threaten serious harm to the water resources of the area, he may by emergency order impose such restrictions on one or more permits previously issued pursuant to this section as may be necessary to adequately protect such citizens or water resources; provided, however, such order shall not be issued until an effort has been made to give written notice of the proposed action by certified mail to the permittee or permittees to be affected. Such written notice shall allow such permittee or permittees five (5) days from the date of mailing of the notice to appear before the Director in opposition to the proposed action. The Director may impose such restrictions based upon any reasonable system of classification established by the Board of Natural Resources through rule or regulation. Such system of classification shall be based upon but not necessarily limited to those factors set forth in subsection (5) of this section. (b) The Director shall specify in such order any change in the conditions of the permit, any suspension of the permit, or any other restriction on withdrawal, diversion or impoundment of surface waters for the duration of the emergency water shortage and shall serve same on the person by hand delivery or certified mail. Any such change, suspension or other restriction shall be effective immediately upon receipt of such order by the permittee, his agent for service of process, or any agent or employee of the permittee who receives the notification at the permittee's principal place of business in the State. Any permittee to whom such order is directed shall comply therewith immediately, but upon application to a hearing officer appointed by the Board of Natural Resources of this state, shall be afforded a hearing within twenty (20) days of receipt of such notice by the hearing examiner

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in accordance with section 17(a) of the `Executive Reorganization Act of 1972'. (c) Upon expiration of the emergency period of water shortage, as determined by the director, the Director shall immediately notify each affected permittee in writing of such expiration and the permittees shall thereafter be authorized to operate under the permit as issued prior to the said emergency period of water shortage. (13) Whenever required to carry out the objectives of this section, including but not limited to: (1) determining whether or not any person is in violation of any provision of this section or any rule or regulation promulgated pursuant hereto; (2) encouraging or insuring compliance with any provision of this section or any rule or regulation promulgated pursuant hereto; (3) determining whether or not any person is in violation of any permit condition; or (4) establishing a date bank on the usage of surface waters in a particular area or areas of this State, the Director may by order, permit or otherwise, in writing, require any person holding a permit under this section or any other person who the Director reasonably believes is withdrawing, diverting or impounding surface waters in violation of the permitting requirements of this section to: (a) establish and maintain records; (b) make reports; (c) install, use and maintain monitoring equipment or methods; and (d) provide such other information as he may reasonably require; provided, however, any demand for such imformation by the Director, which information has already been provided to the Director by said person in the context of prior dealings with the Environmental Protection Division, and which is still correct, may be satisfied by adequate reference to same. (14) In the consideration of applications for permits which if granted would authorize the withdrawal and transfer of surface

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waters across natural basins, the Director shall be bound by the following requirements: (a) The Director shall give due consideration to competing applications for permits which would not involve interbasin transfers of surface water and subject to subsection 5 of this section, shall endeavor to allocate a reasonable supply of surface waters to such applicants. (b) The Director shall provide a press release regarding the proposed issuance of all permits authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the State which would be affected by such issuance. The press release shall be provided at least 7 days before the issuance of these permits. If the Director should determine that sufficient public interest warrants a public hearing on the issuance of these permits, he shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these permits. (15) All administrative hearings and reviews and judicial reviews occurring as a result of actions taken by the Director under this section shall be conducted in accordance with section 17(a) of the Executive Reorganization Act of 1972 as now or hereafter amended; provided, however, that any administrative review of the initial decision by the hearing officer shall be by a five (5) member committee, to be known as the Surface Water Administrative Review Committee, and to be make up of the following State officials ex officio, or their designees, to wit: the Commissioner of the Department of Industry and Trade, the Commissioner of the Department of Natural Resources, the Executive Director of the Soil and Water Conservation Committee, the Commissioner of the Bureau of Community Affairs, and the Director of the Office of Planning and Budget. The Director of the Office of Planning and Budget shall be the Chairman of such Review Committee. Hearings. Section 4. Said Act is further amended by striking section 23 in its entirety and by substituting in lieu thereof a new section 23, to read as follows: Section 23. Division's Powers in Cooperation with the United States. The Division of Environmental Protection of the

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Georgia Department of Natural Resources in hereby designated as the water pollution control and surface water resource management agency of the State for all purposes of any Federal Water Pollution Control Act or any other Federal Act within the purview of this Act and may: Division's powers. (1) Take all necessary or appropriate action to obtain for the State the benefits of any Federal Act within the purview of this Act; (2) Apply for, receive and use Federal funds make available under any Federal Act within the purview of this Act; (3) Approve projects for which loans or grants under any Federal Act within the purview of this Act are made to any municipality or agency of the State; (4) Participate through its authorized representatives in proceedings under any Federal Act within the purview of this Act and recommend measures for the reduction of water pollution originating within the State or proper management of the State's surface water resources; (5) To receive and expend on behalf of the State all funds which now or hereafter may become available or allotted to the State of Georgia by virtue of any appropriation or Act of Congress or regulation of the Federal government, its agencies and instrumentalities, or is appropriated by the General Assembly, for water quality control, management and allocation of the State's surface water resources within the purview of this Act, or any other purpose defined in this Act to be administered by the Division as provided in this Act. The Division is hereby authorized to use so much of funds as may be appropriated by the General Assembly for the purpose of matching Federal grants as may be necessary to secure such grants and derive full advantage to the State of benefits contemplated under the terms of such grants, and to comply with the terms of such grants. Section 5. Said Act is further amended by adding a new section between sections 23 and 24 to be designated section 23A, to read as follows:

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Section 23A. The Director of the Division of Environmental Protection of the Georgia Department of Natural Resources is hereby authorized to enter into contracts or compacts on behalf of the State of Georgia with the Federal government, sister states, political subdivisions of this State and public utilities of this State for purposes of proper management of the State's surface water resources; provided that any such contract shall be subject to approval by the Georgia Board of Natural Resources, and provided further that any such contract shall not grant to any person any right to use surface waters except to the extent such person would qualify for such use under the permitting system established pursuant to section 10A of this Act. Contracts. Section 6. Said Act is further amended by striking section 10 (1) in its entirety and by substituting in lieu thereof a new section 10(1), to read as follows: (1) It shall be unlawful to use any waters of the State for the disposal of sewage, industrial wastes, or other wastes or to withdraw, divert or impound any surface waters of the State, except in such a manner as to conform to and comply with this Act and all rules, regulations, orders, and permits established under the provisions of this Act and applicable to the waters involved; Section 7. This Act shall become effective on July 1, 1977. Effective date. Section 8. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part 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 March 16, 1977.

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GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ACT. No. 233 (House Bill No. 499). An Act to establish a Department of Community Affairs and provide its powers, duties and functions; to create the Board of Community Affairs and provide its functions, composition and operation; to create the office of Commissioner of Community Affairs; to transfer certain functions to the Department of Community Affairs from other State agencies and offices; to transfer personnel, records, equipment, furniture, fixtures, files and supplies to the Department of Community Affairs; to continue the rights, entitlements and privileges of State employees transferred to the Department of Community Affairs; 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 established the State Department of Community Affairs in response to the need of the State to more effectively fulfill its responsibilities to local governments and communities, and it is also in response to the need to improve coordination of federally required State and areawide plans by fulfilling the requirements of the federal Intergovernmental Cooperation Act of 1968. The Department shall serve as the Governor's representative to local communities on a routine basis on the request of or on direction from the Governor in matters affecting social, economic, human or intergovernmental relations and, in this capacity, to serve and provide mediation, consultation and fact-finding services. Department created. Section 2. There is hereby created the Board of Community Affairs which shall establish policy and direction concerning community affairs for the State Department of Community Affairs. All functions of the State Board of Community Development related to the Bureau of Community Affairs, set forth in Ga. L. 1970, pp. 321-332 (Act No. 1066), sections 12(a) and 12(b) and Ga. L. 1976, p. 658 (Act No. 1028), are transferred to the newly created Board of Community Affairs. Unless inconsistent with this Act, any reference in Georgia Laws to the State

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Board of Community Development pertaining to the Bureau of Community Affairs means the State board of Community Affairs. Board created. (a) Said Board shall consist of nine members appointed by the Governor. The Georgia Municipal Association shall submit a list of nine nominees from which the Governor shall select three members. The Association County Commissioners shall submit a list of nine nominees from which the Governor shall select three members. (b) Board members shall be appointed to terms initially as follows: Three members shall be appointed for a one-year term expiring on June 30, 1978; three members shall be appointed for a two-year term expiring on June 30, 1979; and three members shall be appointed for a three-year term expiring on June 30, 1980. Thereafter, all appointments of Board members shall be for three years. (c) The Board at its initial meeting, which meeting shall be called by the Governor promptly after the appointment of its members, shall elect a chairman, vice-chairman and secretary from among its members. These officers shall serve until the following April at which time officers shall again be elected and thereafter at each April meeting. (d) Five members shall constitute a quorum. (e) Meetings may be called by the chairman or any five Board members upon adequate notice. (f) Board membership does not constitute public office to the extent that a member of the Board is precluded from holding other public office. Board members shall receive no salary but may be reimbursed for actual expenses incurred in carrying out their functions. Section 3. There is hereby created the office of Commissioner of the State Department of Community Affairs who shall be executive officer and administrative head of the department. The Commissioner shall be appointed by and serve at the pleasure of the Board. The Commissioner shall assist the Board in the performance

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of its duties, powers, authority and jurisdiction as the Board shall provide. Commissioner. Section 4. Responsibilities of the Department. All functions of the State Bureau of Community Affairs, set forth in Ga. L. 1970, pp. 321-332 (Act No. 1066), sections 4(d), 8(a), 8(b), except with reference to State agencies, 10(b), 10(d), 10(e), 10(g), 10(h), 10(j), 10(k), 12(c), 13, 14, 15, 16, 17 and 18; Ga. L. 1967, p. 252 (Act No. 123), sections 2(g), 5(a), 5(b), 5(c), 5(d) and 7; Ga. L. 1976, p. 651 (Act No. 1026); Ga. L. 1976, p. 1056 (Act No. 1165) are transferred to the newly created Department of Community Affairs. Unless inconsistent with this Act, any reference in Georgia laws to the Bureau of Community Affairs means the Department of Community Affairs. No rules and regulations promulgated pursuant to the provisions of this Act shall have the force of law unless they are approved by a joint committee composed of three members of the standing committee of the House of Representatives to which such Act was referred to be appointed by the Chairman of such committee and three members of the standing committee of the Senate to which such Act was referred to be appointed by the Chairman of such committee. In order for such rules and regulations to have the force of law, it shall be necessary that not less than four members of the joint committee affirmatively approve such rules and regulations. At least two of such four members must be Senators and at least two of such four members must be Representatives. A report showing the action of the joint committee and signed by all the members approving such rules and regulations shall be filed with the Clerk of the House of Representatives and with the Secretary of the Senate. Such report shall be included in the Journal of the House of Representatives and the Journal of the Senate. Such approved rules and regulations shall expire at the end of the next regular session of the General Assembly following the action of the joint committee unless the report of the committee is ratified by a resolution of the General Assembly at such session. Section 5. All personnel, records, equipment, furniture and fixtures, files and supplies of every kind and character presently assigned to the Bureau of Community Affairs are transferred to the Department of Community Affairs. Such State employees

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transferred shall continue to retain all rights, entitlements and privileges as State employees and participate in the various State personnel programs as they were heretofore entitled or otherwise authorized. Any legal contracts previously entered into by said Bureau, which are in effect, are hereby transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration. Personnel. Section 6. This Act shall become effective on July 1, 1977. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1977. GEORGIA MEDICAL ASSISTANCE ACT OF 1977EXECUTIVE REORGANIZATION ACT OF 1972 AMENDED. No. 234 (House Bill No. 502). An Act to amend an Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, pp. 1015, et seq.), so as to provide that the Department of Medical Assistance shall administer the State Plan for Medical Assistance; and further, to provide for a short title; to provide for certain definitions; to provide for a Department of Medical Assistance authorized to adopt and administer a State Plan, and to determine the amount, duration, scope, and terms and conditions of eligibility for and receipt of medical assistance, to establish rules and regulations, and to enter into certain reciprocal and cooperative arrangements; to provide for a Board of Medical Assistance to establish the general policy of the Department and to be composed of five persons appointed by the Governor, confirmed by the Senate, to hold various terms of office and to provide for initial and subsequent terms of office and the filling of vacancies thereof; to provide for a Commissioner of Medical Assistance appointed by the Governor; to provide for time limitations on the submission of claims for medical assistance; to provide for certain limitations

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on the assertion of claims against amounts payable as medical assistance; to provide for subrogation of the Department, to the extent of the value of medical assistance paid, to the rights of recipients of medical assistance against third persons legally liable for certain medical expenses; to provide for certain limitations on access to records of recipients of and applicants for medical assistance; to provide for the examination of records, and the issuance and enforcement of subpoenas issued for that purpose by the Commissioner; to provide for participation by the Department in section 1115 projects and other projects sponsored by the federal government; to provide for certain hearings and other remedies for certain persons aggrieved by actions of the Commissioner, for judicial review of final administrative actions and for the granting of judicial stays under certain conditions; to provide that the Georgia Administrative Procedure Act shall apply only to appeals from adverse administrative decisions of the Department; to provide for succession to certain rules, regulations, policies, procedures, administrative orders, and duties and rights of the Department of Human Resources; to provide a statement of legislative intent; to provide for severability; to provide for various effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, pp. 1015, et seq.), reorganizing the executive branch of State Government, is hereby amended by adding to section 1203, relating to the transfer of functions of the State Department of Family and Children Services, the following sentence: Provided, however, notwithstanding the foregoing, the Department of Medical Assistance shall be the single State agency for the administration of the State Plan for Medical Assistance., so that section 1203, as amended, shall read as follows: Section 1203. State Department of Family and Children Services-Functions Transferred to Department. All of the

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functions of the State Department of Family and Children Services, created in Ga. L. 1937, p. 355, as amended (Ga. Code Ann. sec. 99-103), and of its units, except those functions transferred in section 2302 of this Act, are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the State Department of Family and Children Services means the Department of Human Resources. Provided, however, notwithstanding the foregoing, the Department of Medical Assistance shall be the single State agency for the administration of the State Plan for Medical Assistance. Section 2. Short Title. The short title for the following sections of this Act shall be the Georgia Medical Assistance Act of 1977. Section 3. Definitions. As used herein: (a) Commissioner means the Commissioner of Medical Assistance. (b) Board means the Board of Medical Assistance. (c) Department means the Department of Medical Assistance. (d) State Plan means all documentation submitted by the Commissioner, in behalf of the Department, to and for approval by the Secretary of Health, Education, and Welfare, pursuant to Title XIX of the Federal Social Security Act of 1935, as amended (Act of July 30, 1965, Pub. Law 89-97, Stat. 343, as amended). (e) Applicant for medical assistance means a person who has made application for certification as being eligible, generally, to have medical assistance paid in his behalf pursuant to the terms of the State Plan and whose application has not been acted upon favorably. (f) Recipient of medical assistance means a person who has been certified eligible, pursuant to the terms of the State Plan, to have medical assistance paid in his behalf.

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(g) Provider of Medical Assistance means a person or institution, public or private, who possesses all licenses, permits, certificates, approvals, registrations, charters, and other forms of permission issued by entities other than the Department, which forms of permission are required by law either to render care or to receive medical assistance in which federal financial participation is available and who meets the further requirements for participation prescribed by the Department and who is enrolled, in the manner and according to the terms prescribed by the Department, to participate in the State Plan. (h) Medical assistance means payment to a provider of a part or all of the cost of certain items of medical or remedial care or service rendered by the provider to a recipient of medical assistance, provided such items are rendered and received in accordance with such provisions of Title XIX of the Federal Social Security Act of 1935, as amended, regulations promulgated pursuant thereto by the Secretary of Health, Education, and Welfare, all applicable laws of the State of Georgia, the State Plan and regulations of the Department which are in effect on the date on which the items are rendered. Section 4. Department of Medical Assistance. There is hereby created the Department of Medical Assistance, an agency of the State of Georgia. The Department is authorized to adopt and administer a State Plan for Medical Assistance in accordance with Title XIX of the Federal Social Security Act of 1935, as amended (Act of July 30, 1965, Pub. Law 89-97, 79 Stat. 343, as amended), provided such State Plan is administered within the appropriations made available to the Department. The Department is authorized to establish the amount, duration, scope, and terms and conditions of eligibility for and receipt of such medical assistance as it may elect to authorize pursuant to this Act. Further, the Department is authorized to establish such rules and regulations as may be necessary or desirable in order to execute the State Plan and to receive the maximum amount of federal financial participation as is available in expenditures made pursuant to the State Plan; provided, however, the Department shall establish reasonable procedures for notice to interested parties and an opportunity to be heard prior to the adoption, amendment, or

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repeal of any such rule or regulation. The Department is authorized to enter into such reciprocal and cooperative arrangements with other persons and institutions, public and private, as it may deem necessary or desirable in order to execute the provisions of the State Plan. Section 5. Board of Medical Assistance. There is hereby created a Board of Medical Assistance which is empowered to establish the general policy to be followed by the Department. The Board shall be composed of five (5) persons appointed by the Governor and confirmed by the Senate. The presiding officer of the Board shall be its Chairman, who shall be selected by the Board and serve as such at the pleasure of the Board. A quorum shall consist of a majority of its members. The Governor shall designate terms of initial Board members as follows: Three members shall be appointed to terms expiring variously on the 30th day of June in the years 1977, 1978, and 1979; two members shall be appointed to terms expiring on June 30, 1980. As the terms of office set forth in the previous sentence expire, Board members shall be appointed to four-year terms of office. Vacancies in office shall be filled by the appointment of the Governor and said appointments shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than a vacancy created by the expiration of a term of office, shall be for the balance of the unexpired term of the Board member succeeded. Board members, if otherwise eligible therefor, shall receive per diem and expenses commensurate with the amounts established by Ga. L. 1973, pp. 701, 705. Section 6. Commissioner of Medical Assistance. There is hereby created the position of Commissioner of Medical Assistance. The Commissioner shall be the chief administrative officer of the Department and, subject to the general policy established by the Board, he shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department. The Commissioner shall be appointed by and shall serve at the pleasure of the Governor. Section 7. Time Limitations on Claims. Claims for medical assistance must be submitted not more than three months after

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the month in which the service is rendered, and shall be in the form prescribed by the Commissioner, except that, the Commissioner may, where he finds that delay in submission of claims was caused by circumstances beyond the control of the provider, extend the period for submission of certain claims for a period not to exceed twelve (12) months after the month in which the service was rendered; Provided, however, such limitations shall not apply to claims timely filed pursuant to Title XVIII of the Federal Social Security Act of 1935, as amended, and reimbursements of such claims may be authorized by the Department so long as federal financial participation in such reimbursements is available. Section 8. Claims Against Medical Assistance Funds. Medical Assistance payable by virtue of this Act shall be subject to any claim, lien, or offset of the State of Georgia against the payee and to any claim of the United States of America made against the payee pursuant to a federal statute, but such monies shall not otherwise be subject to execution, levy, garnishment, or any other legal process, and no transfer or assignment of such at law or in equity, shall be enforceable against the State of Georgia, the Department, or the Commissioner; but Medical Assistance monies, having been paid, are subject to all such actions and process. Section 9. Third-Party Liability for Medical Assistance. Should medical assistance be paid in behalf of a recipient of medical assistance on account of any injury, disease, or disability for which another person is legally liable, the Department may seek reimbursement for such medical assistance from such other person. The Department shall be subrogated, but only to the extent of the reasonable value of the medical assistance paid and attributable to such injury, disease, or disability, to the rights of the recipient of medical assistance against the person so legally liable; the Commissioner may compromise, settle and execute a release of any such claim, or waive, expressly, any such claim, in whole or in part, for the convenience of the Department. This section is cumulative of the Department's remedies, which specifically include, but are not limited to, the use of hospital liens as provided in Ga. L. 1953, pp. 105-108, as amended, and further, the payment of medical assistance to a hospital provider shall

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in no way be construed to discharge the obligation of a third party to satisfy a hospital lien. Section 10. Access to Information. (a) The Department is directed to prescribe regulations governing the custody, use, and preservation of the records, papers, files, and communications of the Department relating to applicants for and recipients of medical assistance. Except as herein otherwise provided, such regulations shall provide safeguards restricting the use or disclosure of information concerning applicants for or recipients of medical assistance to purposes directly connected with the administration of the State Plan for Medical Assistance. No person who obtains information by virtue of any such regulations shall use such information for commercial or political purposes, and any person seeking such information shall certify to the Commissioner, in writing, that the information obtained will not be used for commercial or political purposes. (b) The Commissioner, for the purposes of investigating the nature, amount, and extent of services provided to a recipient of medical assistance or auditing information submitted to the Department concerning a provider's entitlement to an amount of medical assistance, is hereby authorized, personally or by his duly authorized representative, to administer oaths and to examine and copy books, papers, records (medical, business, or otherwise) or memoranda of a provider, or of any other person possessed of information relating to reimbursable costs claimed by a provider or otherwise relating to the amount of medical assistance to which a provider is entitled. The Commissioner may compel such examinations by means of subpoenas issued to require the custodian of such items to produce same for examination. A subpoena may be served by any sheriff, by his deputy or by any other person not less than 18 years of age. Proof may be shown by return of certificate indorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail, and the return receipt shall constitute prima facie proof of service. If any person shall fail to obey a subpoena issued and served hereunder, then upon application of the Commissioner, the superior court of the county in which such custodian was required to appear may issue an order requiring such custodian to comply with

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the subpoena and to produce the subpoenaed documentation. Furthermore, if any provider shall fail to obey a subpoena issued and served hereunder with respect to any matter concerning a claim for medical assistance, that claim for medical assistance shall not be reimbursed by the Department and, if already reimbursed, the amount of medical assistance reimbursed shall be deducted from any amount of medical assistance which may then be or thereafter become payable to such provider. (c) In the course of conducting investigations and audits, the Department may request from any governmental Department, Board, Commission, Bureau or Agency information and assistance pertinent thereto. The Department shall be entitled to have access to all such pertinent information which is within the custody of any governmental Department, Board, Commission, Bureau or Agency. Section 11. Special Projects. The Department is authorized to enter into agreements with and submit applications to Departments and Agencies of the Government of the United States for purposes of accepting grants, receiving matching funds, and administering such grants and funds, for research and demonstration projects pursuant to Title XI, Section 1115 of the Social Security Act of 1935, as amended, or any other provision of federal law, without regard to the factor of statewideness and such other factors as may be required to be waived by the terms of the federal grant. Section 12. Appeals. (1) If an aggrieved applicant for, recipient of, or provider of medical assistance exhausts all the administrative remedies provided herein, judicial review of the Commissioner's final decision may be obtained in the same manner and under the same standards which are applicable to those contested cases which are reviewable pursuant to section 20 of the Georgia Administrative Procedure Act, Ga. L. 1964, pp. 338, 354, as amended by Ga. L. 1975, pp. 404, 410; provided, however, that no other provision of the Georgia Administrative Procedure Act shall be applicable to the Department. Notwithstanding any other provision of law, a stay of the Commissioner's final decision may be granted by a reviewing Court to a provider of medical assistance only on condition

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that such provider posts bond with the Commissioner, in favor of the State, with good and sufficient surety thereon by a surety company licensed to do business in this State, in an amount determined by the Commissioner to be sufficient to recompense the State for all medical assistance which otherwise would not be paid to the provider but for the granting of such a stay. A stay may be granted, and renewed, for time intervals up to three months, so long as bond is posted for every interval of time in which the stay is in effect. The Department is authorized to establish regulations regarding the manner in which the appeals set forth in subsection (2) shall be conducted. (2)(a) A recipient of medical assistance aggrieved by the action or inaction of the Department as to any medical or remedial care or service which such recipient alleges should be reimbursed under the terms of the State Plan for Medical Assistance which was in effect on the date on which such care or service was rendered or is sought to be rendered, shall be entitled to a hearing upon his request therefor, in writing. A decision on any matter with respect to which a hearing is requested shall be rendered in writing by the Commissioner or his representative. Should such a decision be adverse to the recipient of medical assistance and should he desire to appeal that decision, he must file a request therefor, in writing, with the Commissioner within five days of his receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the recipient. The Commissioner may affirm, modify, or reverse the decision appealed from. (b) Certain applicants for medical assistance aggrieved by action or inaction concerning thier applications for medical assistance are, in accordance with terms of the State Plan, entitled to a hearing before the Department of Human Resources. The final administrative recommendation of the Department of Human Resources after such a hearing shall become the final administrative decision of the Commissioner unless he, within three (3) days after the recommendation, reverses or modifies the recommendation due to the misapplication of law or policy to the facts as found by the Department of Human Resources.

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(c) A provider of medical assistance aggrieved by an action of the Department with respect to a denial of, or the determination of, the amount of medical assistance paid on a certain item of medical or remedial care or service rendered, by such provider, shall be entitled to a hearing, upon his request therefor, in writing. A decision shall be rendered in writing by the Commissioner or his representative. Should such a decision be adverse to the provider and should he desire to appeal that decision, he must file a request therefor, in writing, with the Commissioner within five days of his receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the provider. The Commissioner may affirm, modify, or reverse the decision appealed from. (d) A person or institution who either has been refused enrollment as a provider in the State Plan or has been terminated as a provider by the Department, shall be entitled to a hearing; Provided, however, no entitlement to a hearing before the Department shall lie for refusals or terminations based on the want of any license, permit, certificate, approval, registration, charter, or other form of permission issued by an entity other than the Department, which form of permission is required by law either to render care or to receive medical assistance in which federal financial participation is available. The final determination (subject to judicial review, if any) of such an entity denying issuance of such a form of permission shall be binding on and unreviewable by the Department. In cases where an entitlement to a hearing before the Department pursuant to this subsection (2)(d) lies, the Department shall give written notice, of either the denial of enrollment or termination from enrollment, to the effected person or institution and such notice shall include the Department's reasons for denial or termination. Should such a person or institution desire to contest the Department's initial decision, he must give written notice of his appeal to the Commissioner within ten (10) days after the date on which the notice of denial or notice of termination was transmitted to him. A hearing shall be scheduled and commenced within twenty (20) days after the date on which the Commissioner receives the notice of appeal and the Commissioner, or his designee(s), shall render a final administrative decision as soon as practicable thereafter.

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Section 13. Transfer of Records, Equipment, and Employees. The Department shall, from the effective date of this section, assume possession and control of all records, papers, equipment, supplies, office space and all other tangible property possessed and controlled by the Department of Human Resources, as of June 30, 1977, in its administration of the Georgia State Plan for Medical Assistance. Further, all officers, employees, and agents of the Department of Human Resources who, on June 30, 1977, are engaged in the performance of a function or duty which shall be vested in the Department of Medical Assistance on July 1, 1977, by this Act, shall be automatically transferred to the Department of Medical Assistance. The status, position, and rights of persons so transferred shall not be affected by the transfer, in and of itself, and such persons shall retain, inter alia, all rights of rank or grade, rights to vacation, sick pay and leave, rights under any retirement or personnel plan, and any other rights under any law or administrative policy. Provided, however, the Department of Human Resources shall retain, in accordance with terms of the State Plan, the functions, and all tangible things and employees relating thereto, of (1) establishing and maintaining certain standards for certain institutions and agencies seeking to become or remain providers and shall finally determine and certify whether such institutions and agencies meet such standards; (2) determining and certifying the eligibility of certain applicants for and recipients of medical assistance and (3) prescribing regulations to require that applicants for medical assistance be given clear and easily understandable notice that all books, papers, records and memoranda of the provider relating to the provision of medical assistance to the applicant will be made available, upon request, to the Commissioner or his representative and that, by accepting medical assistance, the applicant thereby consents to the providing of such books, papers, records and memoranda to the Commissioner or his representative. Section 14. Rules, Regulations, Policies, Procedures, and Orders. The Department shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources which are in effect on June 30, 1977, and which relate to the functions transferred to the Department. Such rules, regulations, policies, procedures, and

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administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. Section 15. Rights and Duties Under Existing Transactions. The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into, before the effective date of this section, by the Department of Human Resources and which pertain to the functions transferred to the Department by this Act, shall continue to exist and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department. In all such instances, the Department shall be substituted for the Department of Human Resources and the Department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. Section 15A. The Department of Medical Assistance shall within three months of receiving a claim pay or deny said claim. This section shall apply to all claims submitted on and after July 1, 1978. Section 16. Intention of the General Assembly. It is the intention of the General Assembly that this Act be construed consistently with the provisions of Title XIX of the Federal Social Security Act of 1935, as amended, and so as to authorize the Department, within the appropriations provided to it, to administer the State Plan in a manner so as to receive the maximum amount of federal financial participation available in expenditures made under the State Plan. Section 17. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 18. Effective Dates. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that sections 1, 4, 7, 10, 12, 13, 14 and 15 shall become effective on July 1, 1977, and the administration of the Georgia State Plan for Medical Assistance shall continue to be a function of the Department of Human Resources until that date unless earlier terminated; provided, however, the Board of Medical Assistance, rather than the Board of Human Resources, shall establish for the Department of Human Resources the general policy to be followed in the administration of the Georgia State Plan for Medical Assistance, and the Commissioner of Medical Assistance, rather than the Commissioner of Human Resources, shall be chief administrative officer for the administration of the Georgia State Plan for Medical Assistance from the date of approval of this Act by the Governor or its becoming law without his approval. Section 19. Repealer. All laws and parts of law, specifically including but not limited to section 1 of Ga. L. 1967, p. 878, in conflict with this Act are hereby repealed. Approved March 16, 1977. GEORGIA GAME AND FISH CODE OF 1977. Code Title 45 Superseded. No. 235 (House Bill No. 792). An Act to enact the Game and Fish Code, Title 45; to completely and comprehensively revise and supersede the laws of this State relating to game and fish; to provide definitions, powers and duties relating to game and fish; to provide a short title; to provide for consent to certain federal laws, rules, regulations and acquisitions; to provide for the acceptance of donations; to provide for the disposition of certain monies; to provide for conservation rangers and deputy conservation rangers and the powers and duties thereof; to provide for general provisions

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relating to wildlife; to provide for the ownership of wildlife; to provide that it shall be unlawful to hunt, fish, trap, take, possess, sell, purchase, transport or disturb wildlife except as authorized herein; to provide for the disposition of wildlife; to provide that certain actions with regard to law enforcement personnel shall be unlawful; to provide for the inspection of business premises and records; to provide that certain actions with regard to property owned or operated by the Department of Natural Resources shall be unlawful; to provide that personnel of the Department of Natural Resources are authorized to take certain actions with regard to wildlife; to provide for jurisdiction in the probate courts; to provide for issuance of summons; to provide a penalty for violation of this Title; to provide for civil enforcement by the Department of Natural Resources; to provide for licenses and permits; to provide for the issuance and sale of licenses; to provide that certain licenses and permits are required; to provide fees for certain licenses and permits; to provide for the denial, revocation, suspension or nonrenewal of licenses and permits; to provide for service of process; to provide for administrative penalties; to provide laws relating to the transportation of wildlife; to provide that it shall be unlawful to transport or ship wildlife except as authorized herein; to provide laws relating to hunting; to provide for legal times, species, weapons, methods, means, places, seasons and bag limits for hunting; to provide that it shall be unlawful to hunt while intoxicated; to provide for the retrieval of wildlife injured or killed; to provide conditions for hunting with dogs; to provide certain clothing and age requirements; to provide for certain requirements for hunting deer; to provide for the disposal of certain deer, squirrels and parts thereof; to provide certain limitations on the hunting of alligators, rabbits, bears and birds; to provide laws relating to trapping; to provide legal seasons, times, methods, means, species and places for trapping; to provide for the stamping, inspection and confiscation of traps; to provide certain restrictions on the killing of mink and otter; to provide a prohibition on removal of wildlife from a trap; to provide laws relating to fishing; to provide legal places, times, methods, means, species, seasons, possession, creel and size limits for fishing; to provide a prohibition against damaging certain property of the State; to provide for the Atlantic States Marine Fisheries Compact and certain provisions relating thereto; to

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provide for reciprocal agreements with certain states; to provide for certain rules and regulations; to provide laws relating to commercial fishing; to provide legal places, methods, means, times, seasons, size limits and species for commercial fishing; to provide for confiscation of illegal gear; to provide for the sale of certain fish; to provide for a saltwater demarcation line; to provide for regulation of the taking of diamondback terrapins; to provide laws relating to crabs, shrimp and oysters; to provide legal places, methods, means, times, seasons, species and size limits relating to the fishing, sale and possession of shrimp, crabs and oysters; to provide for the confiscation of certain equipment; to provide for the zoning of salt waters; to provide certain penalties; to provide for bonds and affidavits; to provide restrictions on the fishing, sale and possession of bait shrimp; to provide that certain records are required; to provide for inspection and condemnation of oyster beds; to provide certain restrictions relating to canning factories and shucking plants; to provide for the continuation of oyster bed leases; to provide laws relating to shooting preserves; to provide licenses and restrictions on shooting preserves; to provide restrictions on the release, propagation and possession of certain birds and animals; to provide certain requirements for shooting preserve licenses; to provide laws relating to the importation, transportation, sale, transfer or possession of certain wild animals; to provide for certain licenses and permits relative thereto; to provide certain specifications for possession and transportation; to provide a prohibition against release; to provide for disposition; to provide for powers of the Department of Natural Resources and the Board of Natural Resources; to provide a specific repealer; to provide that certain laws shall remain in effect; to provide that existing rules and regulations shall remain in effect; 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. The following provisions shall constitute the Game and Fish Code and shall be Title 45 of the Code of Georgia and shall be inserted between Titles 44 and 46 of the Code of Georgia:

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TITLE 45-GAME AND FISH Chapter 45-1 DEFINITIONS, POWERS AND DUTIES RELATING TO GAME AND FISH 45-101. Short Title. This Title shall be known and may be cited as the `Game and Fish Code'. 45-102. Definitions. Unless clearly indicated otherwise by the context, the following terms, when used in this Title, shall have the following meanings: (1) `Alligator' means any reptile commonly known or classified as an alligator or crocodile and specifically includes all members of the family Alligatoridae and Crocodylidae. (2) `Alligator farming' means the possession, propagation and any other act involved in the production of live alligators. (3) `Alligator product' means any product or article made, either wholly or in part, from any part of the hide of an alligator or crocodile. (4) `Artificial lure' means any lure which is man-made, in imitation of or as a substitute for natural bait, and shall include artificial flies. This term does not include fish eggs, corn or chemically treated or processed foods. (5) `Bag limit' or `creel limit' means the quantity of wildlife which may be taken, caught or killed during a specified period. (6) `Big game' means turkey, deer and bear. (7) `Board' means the Board of Natural Resources. (8) `Business premises' means any place of business operation including, but not limited to, offices, sheds, warehouses, vessels, boats, houses, ponds and other such locations where commercial

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activity takes place, and specifically includes the equipment used in conducting such activity. (9) `Carrier' means a person engaged in the business of transporting goods and specifically includes a common carrier, a contract carrier, a private carrier and a transportation company. (10) `Catch-out pond' means a freshwater pond or lake, where the owner or operator charges persons a fee for the right to fish therein. (11) `Commercial fish hatchery' means a facility consisting of two (2) or more ponds or a raceway system which is capable of growing fish from eggs, fry or fingerlings to a commercially saleable size and which produces fish from such eggs, fry or fingerlings for sale more than once annually. (12) `Commercial fishing' means fishing for the purpose of sale, or the sale or offering for sale of fish by the person taking such fish, or fishing with commercial fishing gear. (13) `Commercial quantities' means an amount equal to two (2) bushels or more. (14) `Commercial shooting preserve' means any shooting preserve open to the general public for a fee. (15) `Commissioner' means the Commissioner of Natural Resources. (16) `Crab' means any crab of the species Callinectes sapidus. (17) `Department' means the Department of Natural Resources. (18) `Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on, and under the dominion and control of, man and have been kept as tame pets, raised as livestock or used for commercial breeding purposes, including but not limited to dogs, cats, horses, cattle and chickens. Animals living in a captive or tame state which lack a

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genetic distinction from members of the same tax on living in the wild are presumptively wild animals. (19) `Established bait dealership' means a facility which is used in whole or in part to sell shrimp for bait and which has been inspected by employees of the Department and which has been issued a bait dealer license. (20) `Falconer' means a person licensed according to the laws and rules and regulations pertaining to falconry. (21) `Falconry' means the sport of taking quarry by means of a trained raptor. (22) `Feral hog' means any hog which is normally considered domestic but which is living in a wild state and cannot be claimed in private ownership. (23) `Fishing' means catching, capturing, taking or killing fish and all seafood, and includes all lesser acts such as attempting to catch, capture or kill by any device or method and every act of direct assistance to any person in catching or attempting to catch fish or seafood. (24) `Full-time employee' means a person who works at least thirty (30) hours per week for one employer. Expressly excluded from this term is an independent contractor or casual vendor who does not receive regular periodic compensation from one employer. (25) `Furbearing animals' means the following animals: mink; otter, raccoon, fox, opossum, muskrat, skunk, bobcat and weasel. (26) `Fur dealer' means a person who purchases or sells raw undressed hides, furs, pelts or skins of furbearing animals; provided, however, those persons engaged in wholesale or retail furrier operations, that is those who engage in the manufacture or production of finished fur products, shall not be a fur dealer for purposes of this Title. (27) `Game animals' means the following animals: bear, bobcat, deer, fox, opossum, rabbit, raccoon, sea turtles and their

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eggs, squirrel, cougar (Felis concolor), and all members of the family Alligatoridae and Crocodylidae. (28) `Game birds' means the following birds: turkey, quail, grouse and all migratory game birds. (29) `Game fish' means the following fish: (A) Bass: largemouth bass, smallmouth bass, white bass, striped bass, spotted bass, redeye (Coosa) bass, striped-white bass hybrid, shoal bass (Flint River smallmouth), Suwannee bass. (B) Trout: rainbow trout, brown trout, brook trout. (C) Crappie: white crappie, black crappie. (D) Shad: American shad, hickory shad. (E) Sunfish or bream: flier, spotted sunfish (stumpknockers), rock bass (goggleye), redbreast sunfish, redear sunfish, bluegill (bream), warmouth. (F) Perch: walleye, sauger. (G) Pickerel: muskellunge, chain pickerel, grass pickerel, redfin pickerel. (H) Catfish: channel catfish, flathead catfish. (30) `Game species' means all game animals, game birds and game fish. (31) `Hunting' means pursuing, shooting, killing, taking or capturing wildlife and includes all lesser acts such as disturbing, harrying, or worrying or placing, setting, drawing or using any device used to take wildlife, whether they result in taking or not and includes every act of assistance to any person in taking or attempting to take such wildlife. (32) `Immediate family' means all persons living in one household, under one head of household, and bearing a blood or dependent relationship to such head of household. (33) `Import wholesale fish dealer' means any person engaged in transporting live fish or fish eggs into this State for the purpose of stocking or restocking any of the fresh waters of this State or the transporting into this State of fish to be used as freshwater bait, either in or outside of this State, where any or all of the foregoing are to be sold or furnished to others for the purpose of resale.

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(34) `Licensed bait dealer' means the owner of an established bait dealership within this State who has been properly licensed and bonded pursuant to the applicable laws and regulations. (35) `Migratory game birds' means all the following birds: brant, coots, cranes, doves, ducks, gallinules, geese, rails, snipe, swans and woodcock. Birds which are mutations of such birds and birds which are the result of hybridization between such birds or between such birds and other birds are included as migratory game birds. (36) `Mountain trout' means rainbow, brook and brown trout. (37) `Night hunting' means hunting between the hours of thirty (30) minutes after sunset and thirty (30) minutes before sunrise. (38) `Nongame fish' means any fish not included as a game fish in subsection (29) of this section and is synonymous with the term `rough' fish. (39) `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. (40) `Pen-raised game birds' means game birds which are raised in captivity and are more than two (2) generations removed from the wild. (41) `Perishable' means likely to deteriorate quickly in quality or value unless given special treatment such as dressing, freezing or cold storage. (42) `Person' means any individual, partnership, firm, corporation, association or other entity. (43) `Pole and line' means any hand line or any type of pole with a line attached and specifically includes a casting rod, a spinning rod, a fly rod and all similar hand-held equipment for use with bait or artificial lure; provided, however, such pole and line may only be used to entice fish or strike or bite such bait or lure.

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(44) `Private pond' means a body of water being wholly on or within the lands of one title where fish cannot go upstream or downstream or to the lands of another. (45) `Private shooting preserve' means any shooting preserve owned or leased by an individual, partnership, firm, corporation, association or other entity and used only by the owners, members and guests. (46) `Public road' means any road open to and intended for use of the public and maintained at public expense. (47) `Purchase' means to acquire, obtain, or receive or to attempt to acquire, obtain or receive by exchange of valuable consideration and specifically includes barter and exchange. (48) `Raptor' means a live migratory bird of the family Accipitridae, other than the bald eagle (Haliaeetus leucocephalus), or of the family Falconidae or the great horned owl (Bubo virginianus) of the family Strigidae. (49) `Resident' means any citizen of the United States who has been domiciled within the State of Georgia for a period of at least three (3) months. (50) `Retail fish dealer' means any person engaged in the purchasing, raising, propagating, breeding, or other acquisition or possession of live fish or fish eggs for the purpose of stocking or restocking any fresh waters of this State or the purchasing, raising, propagating, breeding or acquisition of fish to be used as freshwater bait, either in or outside this State, where any or all the foregoing are to be sold or furnished to others for use thereby, other than for resale. (51) `Sell' means to dispose of, transfer or convey, or attempt to dispose of, transfer or convey, by exchange of money or other valuable consideration and specifically includes barter or exchange. (52) `Shedding facility' means a soft-shell crab facility containing a tank or other enclosure in which peelers are or may be kept

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alive until they shed their shells and become soft-shell crabs, and such other equipment as may be prescribed by the Department. (53) `Shooting preserve' means any area utilized for the purpose of shooting or taking or shooting and taking game birds or pen-raised game birds. (54) `Small game' means all game animals and game birds other than big game. (55) `Soft-shell crab' means a crab which has just emerged from its old shell and has a new soft, pliable shell. (56) `Soft-shell crab dealer' means any person operating a shedding facility licensed by the Department. (57) `Taking' means killing, capturing, destroying, catching or seizing. (58) `Trapping' means taking, killing or capturing wildlife with traps or deadfalls or other devices commonly used to take wildlife, and includes all lesser acts such as placing, setting or staking such traps, deadfalls and other devices whether they result in taking or not and every attempt to take and every act of assistance to any person in taking or attempting to take wildlife with traps, deadfalls or other devices. (59) `Waters of this State' means all fresh water in this State except ponds or lakes not open to the public whether within the lands of one title or not. (60) `Wild animal' means any vertebrate or invertebrate of the Animal Kingdom which is not normally a domestic species in this State. (61) `Wild animal retail dealer' means any person who imports, transports or possesses any wild animal for the purpose of sale to the public. (62) `Wild animal wholesale dealer' means any person who imports, transports or possesses any wild animal for the purpose of resale to a retail dealer, exhibitor or research facility.

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(63) `Wildlife' means any vertebrate or invertebrate animal life indigenous to this State or any species introduced or specified by the Board and includes mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks or any part thereof. (64) `Wholesale fish dealer' means any person engaged in the purchasing, raising, propagating, breeding or acquisition or possession of live fish or fish eggs for the purpose of stocking or restocking any fresh waters of this State, or the purchasing, raising, propagating, breeding or other acquisition of fish to be used as freshwater bait, either in or outside this State, where any or all of the foregoing are to be sold or furnished to others for the purpose of resale. 45-103. Powers and Duties of the Board. The Board shall have the following powers and duties relative to this Title: (a) All policy-making functions previously vested in the Game and Fish Commission which were granted to the Board by Ga. L. 1972, p. 1015, relating to the reorganization of the executive branch of government, and by Ga. L. 1973, p. 344. (b) Promulgation of all rules and regulations necessary for the administration of this Title, including but not limited to rules and regulations to regulate the manner, method, ways, means and devices of killing, taking, capturing, transporting, storing, selling, using and consuming wildlife and to carry out the provisions of this Title, and rules and regulations requiring daily use permits, for a fee not to exceed one dollar ($1.00), for the privilege of hunting and fishing in designated streams, lakes or game management areas. (c) Promulgation of rules and regulations to protect wildlife, the public and the natural resources of this State in the event of fire, flood, disease, pollution or other emergency situation, without complying with the provisions of an Act known as the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. Such rules and regulations shall have the force and effect of law upon promulgation by the Board.

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45-104. Rules and Regulations. Except as otherwise specifically provided, all rules and regulations promulgated by the Board pursuant to this Title shall be promulgated pursuant to an Act known as the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. 45-105. Powers and Duties of the Department. The Department of Natural Resources shall have the following powers and duties: (a) Subject to all applicable State laws, to acquire by purchase, condemnation, lease, agreement, gift or devise, lands or waters suitable for the purposes herein enumerated, and develop, operate and maintain the same for the following purposes: (1) For fish hatcheries, nursery ponds, or game farms, sanctuaries, reservations and refuges. (2) For wildlife restoration, propagation, protection, preservation, research or management. (3) For public hunting, fishing or trapping areas, where the public may hunt, fish or trap in accordance with the provisions of law and the rules and regulations of the Board. (b) To capture, propagate, transport, purchase, sell, band or release any species of wildlife needed for propagation, research or stocking purposes, to safeguard and enhance the habitat on which the wildlife depends and to exercise control measures of nuisance or destructive species. (c) To enter into cooperative agreements with educational institutions and State and federal and other agencies to promote wildlife management, conservation and research. (d) To purchase all uniforms, equipment and supplies necessary for the administration of this Title. (e) To carry out the operational, field and administrative functions contained in this Title.

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(f) To publish and distribute magazines, pamphlets, books or literature of any nature as may be necessary to inform and educate the public concerning the wildlife resources of the State and the functions, duties, activities, laws, rules and regulations of the Department pursuant to this Title and pursuant to any other act. (g) To keep a public record which correctly discloses all moneys received and expended by the Department and all such information as may be necessary or proper in the conduct and the affairs and business of the Department. The books and accounts of the Department shall be audited in the same way as other books and accounts of the other departments of the State are audited. (h) To pay to each conservation ranger the expenses incurred by such ranger in the performance of his duties. (i) To contract with private landowners for the purposes of managing and operating public hunting and fishing areas on the property of such private landowners. (j) The Department shall have all the powers previously vested in the Game and Fish Commission, which were transferred to the Department by Ga. L. 1972, p. 1015, relating to the reorganization of the executive branch of the government. 45-106. Construction of Fish Ladders; Requiring Construction by Private Persons; Assessment of Cost Upon Refusal. The Department is authorized to provide for the free passage of fish in the freshwater streams of Georgia for the purpose of spawning and propagating, and to erect or cause to be erected fish ladders or other passageways whereby fish may pass over any dam or other obstruction placed in the freshwater streams of Georgia by any firm, person or corporation. (a) It shall be the duty of the Department to give written notice to any person, firm or corporation owning, leasing or constructing any dam or other obstruction whereby the free passage of fish is restricted in the freshwater streams of this State to provide a suitable fish ladder or passageway over any dam or other

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obstruction, and that such person, firm or corporation shall within sixty (60) days after the receipt of such notice provide at its own expense such fish ladder or other suitable passageway for the purpose of allowing fish in such freshwater to freely pass over such dam or other obstruction. (b) Should any person, firm, or corporation owning, leasing or constructing any dam or other obstruction in the freshwater streams of this State, fail and refuse to provide such fish ladder or other passageway after receiving the notice, as herein required, the Department is hereby authorized to build or erect such fish ladder or other passageway over such dam or obstruction, and the cost of the same shall be assessed by the Department against the person, firm or corporation owning, leasing or constructing such dam or obstruction. (c) The Department is hereby authorized to issue an execution as at common law against such person, firm or corporation for the actual expense incurred in construction of such fish ladder or other passageway, which shall be collected by levy and sale by the sheriffs or other lawful officers of this State from such person, firm or corporation owning, leasing or constructing such dam or obstruction, as fi. fas. or executions are called at law. 45-107. Reciprocal Agreements with Bordering States as to Fishing Licenses for Waters Touching Georgia and Such State. (a) The Department is hereby authorized and empowered to make and enter into agreements, from time to time, with the proper authorities of the states of Alabama, Florida, South Carolina, North Carolina and Tennessee, whereby a valid fishing license issued by the State of Georgia will be accepted and honored, as and in lieu of a fishing license for the respective state so agreeing, for fishing on the banks and in the waters of lakes, rivers and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of both the State of Georgia and the adjoining state, and valid licenses issued by the respective states so agreeing shall be accepted and honored, as and in lieu of a Georgia fishing license, for fishing upon said lakes, rivers and streams. (b) The purpose of this section is to authorize the Department to enter into such agreements with all states bordering on the

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State of Georgia, but is not intended that the benefits of such agreements should extend to licenses of all bordering states on all lakes, rivers and streams lying upon the border of Georgia, but are to apply separately to those lakes, rivers and streams lying between the State of Georgia and each respective state so agreeing. 45-108. Reciprocal Agreements with Foreign States as to Hunting Licenses for Persons Owning Land in States Other Than Those of Their Residence. The Department is hereby authorized and empowered to make and enter into agreements, from time to time, with the proper authorities of the states of Alabama, Florida, South Carolina, North Carolina and Tennessee, whereby a citizen of the State of Georgia who owns farm lands in the said adjoining states may purchase a resident hunting license in the state in which his land is situated which will permit said Georgia citizen to hunt on his own land in the adjoining state without purchasing an out-of-state hunting license. The Department is hereby authorized and empowered to reciprocate this courtesy and issue a resident hunting license in Georgia to citizens of said adjoining states who own farm lands in Georgia, permitting such citizens to hunt on their own land in Georgia without purchasing an out-of-state hunting license. 45-109. Cooperative Agreements with Federal Government as to Wildlife Management; Powers of Department with Respect to Such Agreements. (a) The Department shall have the authority to enter into cooperative agreements with the United States Government, or with the proper authorities thereof, for the protection and management of the wildlife resources of the National Forest lands within the State of Georgia and for the restocking of the same with desirable species of wildlife. (b) The Department shall have the authority to close all hunting and fishing within said lands so contracted for with the Federal Government for such period of time as may be, in the opinion of the Department, necessary; the Board shall have authority from time to time to prescribe the season for hunting or fishing therein, to prescribe the number of animals and game, fish and birds that shall be taken therefrom and the size thereof, and to prescribe the conditions under which the same may be taken.

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45-110. Consent to Federal Rules and Regulations as to Game Animals, Birds and Fish. The consent of the General Assembly is hereby given to the making by Congress of the United States, or under its authority, of all such rules and regulations as the Federal Government shall determine to be needful in respect to game animals, game and nongame birds, and fish on such lands in the northern part of Georgia as shall have been, or may hereafter be, purchased by the United States under the terms of the Act of Congress of March 1, 1911, entitled `An Act to enable any State to cooperate with any other State or States or with the United States for the protection of the watersheds of navigable streams and to appoint a commission for the acquisition of land for the purpose of conserving the navigability of navigable rivers' (36 United States Statutes at Large, page 961), and Acts of Congress, supplementary thereto and amendatory thereof, and in or on the waters thereof. 45-111. Assent to Federal Law Respecting Wildlife Restoration Projects. The State of Georgia hereby assents to the provisions of the Act of Congress entitled `An Act to provide that the United States shall aid the State in wildlife restoration projects, and for other purposes,' approved September 2, 1937 (Public Law Number 415, 75th Congress, Title 16, Chapter 5 b United States Code, Annotated). The Department is hereby authorized, empowered and directed to perform such acts as may be necessary to the establishment and conduct of cooperative wildlife restoration projects as defined in the said Act of Congress, in compliance therewith and rules and regulations promulgated by the Federal agency authorized thereunder. The Department shall have authority to do all things necessary in cooperation with all agencies of the United States Government in connection with propagation, restoration and protection of wildlife in this State. 45-112. Assent to Federal Law Requiring United States to Aid States in Restoration and Management Projects; Cooperation by State; Use of Fees from Fishing Licenses. The State of Georgia hereby assents to the provisions of the Act of Congress providing that the United States shall aid the States in fish restoration and management projects, approved August 9, 1950 (Public Law 681, 81st Congress), and the Department is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fish

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restoration projects, as defined in said Act of Congress, in compliance with said Act and rules and regulations promulgated by the Secretary of the Interior thereunder; and no funds accruing to the State of Georgia from license fees paid by fishermen shall be diverted for any other purpose than the administration of the Department and for the protection, propagation, preservation and investigationof of wildlife. 45-113. Consent to Acquisition by Federal Government of Lands and Waters for Conservation Purposes; Notice as to Specific Purpose. The consent of the State of Georgia is hereby given to the acquisition by the United States by purchase, gift, devise, lease, condemnation, or otherwise, of such areas of land or water or of land and water in the State of Georgia as the United States may deem necessary for the conservation, protection, propagation and development of all species of fish and wildlife, and for other conservation purposes, reserving, however, to the State of Georgia full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection and control thereof by the United States under the first terms of any Act of Congress authorizing such acquisitions; provided, that prior to such acquisition, notice shall be given by the Federal Government to the Department of plans stating the specific use to be made of and the specific location and description of such lands desired by the Federal Government for any such conservation use, and that such plan for acquisition of said lands be approved by the Department. 45-114. Disposition of Funds; Appropriations; Grants and Donations. (a) All funds resulting from the operation of the Department and from the administration of the laws and regulations pertaining to wildlife excluding fines, but including all license fees and other income (except that income provided for hereinafter) shall be paid into the general funds of the State treasury, and each year at least such amount shall be appropriated to the Department. (b) The Department is hereby authorized to accept grants and donations (either monetary, or of real or personal property) for the purpose of creating and maintaining natural resources conservation camps in the State. Any donation or grant so received,

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and any income therefrom, or any income derived from the operation of any said camps, shall be held and maintained by the Department for the exclusive use and benefit of each of said camps. The Board is authorized and directed to promulgate reasonable rules and regulations respecting the operation of said camps. 45-115. Disposition of Fines and Forfeitures; Ccmpensation of Court Officers; Report by Clerk; Fee. The proceeds from all fines and forfeitures arising from criminal prosecution for violation of the wildlife laws, rules and regulations shall be used, except as otherwise specifically provided in this Title, as follows: First, to pay the fees of the officers of the trial court and court costs as prescribed by law; the money remaining after such disposition shall be remitted promptly by the clerk of the court in which the case is disposed of to the county treasurer of the county in which said fine is assessed, who shall deposit said funds in the general funds of the county. The clerk of the court in which each case is disposed of shall promptly make a written report to the Commissioner showing the disposition of each case; unless otherwise prohibited by law, for making each such report said clerk shall be entitled to an additional fee of one dollar ($1.00), to be added to the costs allowed by law against the defendant, to be retained by said clerk as his special compensation for making such report. 45-116. Conservation Rangers. The Board shall have the power to adopt rules and regulations concerning qualifications, appointments, badge, oath of office and other matters pertaining to a uniformed division to be known as conservation rangers. The Board, by rule and regulation, shall designate the various classes of employees to be included within said uniformed division of conservation rangers including, but not limited to, the Commissioner and other supervisory personnel; provided, however, that the Commissioner and the Director of the Division of Game and Fish shall be excluded from the classfied service under the State Merit System of Personnel Administration as provided for in an Act approved March 13, 1975 (Ga. L. 1975, p. 79). The Commissioner shall have the power to appoint conservation rangers of the State-at-large, of such number as may be necessary to carry out the duties assigned to them, who shall be charged with the law enforcement responsibilities pertaining to the Department.

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45-117. Deputy Conservation Rangers. (a) The Board shall have the power to appoint deputy conservation rangers. No deputy conservation rangers may be appointed without actual duties relating to the protection of natural resources. (b) Deputy conservation rangers shall have all or part of the powers and duties of conservation rangers, as assigned by the Board. Deputy conservation rangers shall receive no compensation for their services. The Board is hereby authorized to appoint such number of deputy conservation rangers as may be necessary to carry out the duties assigned to them. (c) Each deputy conservation ranger shall personally secure a bond of not less than five thousand dollars ($5,000) from a bonding or surety company licensed to transact business in the State of Georgia conditioned upon the faithful performance of his duties, payable to the Department. (d) The Board shall have the power to adopt rules and regulations concerning qualifications, appointments, badge, oath of office and other matters pertaining to deputy conservation rangers. 45-118. Powers of Conservation Rangers. Conservation rangers shall have the power and authority: (a) To enforce all State laws on all property owned or controlled by the Department. (b) To enforce all State laws pertaining to functions assigned to the Department. (c) To enforce any State law when the violation of that law is committed in conjunction with a violation of a State law pertaining to functions assigned to the Department. (d) To enforce any State law when ordered to do so by the Governor, or protect any life or property when the circumstances demand action. 45-119. Power of Conservation Rangers and Deputy Conservation Rangers to Arrest Persons. Notwithstanding any other provision of any law to the contrary, conservation rangers and deputy

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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. 45-120. Additional Powers of Conservation Rangers. (a) In addition to the powers enumerated above, conservation rangers shall have all the powers previously vested in any other law enforcement officers within the Department including but not limited to the following: (1) To enforce all laws, rules and regulations pertaining to wildlife and boating safety and as otherwise provided. (2) To execute all warrants and search warrants for the violation of the laws, rules and regulations pertaining to wildlife or boating safety. (3) To serve subpoenas issued for the examination, investigation, and trial of all offenses against the laws, rules and regulations pertaining to wildlife or boating safety. (4) To arrest without warrant any person found violating any of the laws, rules and regulations pertaining to wildlife, or to hunting, fishing, or boating.

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(5) To seize and take possession of all wildlife, or parts thereof, taken, caught, killed, captured or in possession, or under control, or which have been shipped or are about to be shipped at any time in any manner or for any purpose contrary to the laws, rules and regulations pertaining to wildlife. (6) To go upon property outside of buildings, posted or otherwise, in the performance of their duties. (7) To carry firearms while performing duties pertaining to wildlife. (8) To seize, as evidence, without warrant any device, other than a boat, vehicle or aircraft, when they have cause to believe that its possession or use is in violation of any of the provisions of the laws or regulations dealing with wildlife. For the purposes of this section, `devices' include any light, hunting apparatus or fishing or netting gear or tackle. (9) To enter and inspect any commercial cold storage warehouse, ice house, locker plant, butcher shop or other plant or building for the purpose of determining whether wildlife is being kept or stored therein in violation of the wildlife laws or regulations. (10) Conservation rangers shall have the full authority of peace officers while in performance of their duties. (b) Unless inconsistent with this Title, whenever any statute pertaining to an agency whose functions are assigned to the Department refers to law enforcement personnel of that agency, that reference applies to conservation rangers. Chapter 45-2 GENERAL PROVISIONS RELATING TO WILDLIFE 45-201. Ownership of Wildlife; Hunting, Trapping and Fishing a Privilege; Unlawful to Hunt, Trap or Fish Except as Provided by Law; Theft by Taking . (a) The ownership, jurisdiction over, and control of all wildlife, as herein defined, are hereby declared to be in the State of Georgia, in its sovereign capacity, to

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be controlled, regulated, and disposed of in accordance with the provisions of this Title. All wildlife of the State of Georgia are hereby declared to be within the custody of the Department for purposes of management and regulation in accordance with the provisions of this Title. Provided, however, that the State of Georgia, the Department, and the Board shall be immune from suit and shall not be liable for any damage to life, person or property caused directly or indirectly by any wildlife. (b) To hunt, trap or fish as defined herein, or to possess or transport wildlife, is hereby declared to be a privilege to be exercised only in accordance with the laws granting such privilege. Every person exercising this privilege does so subject to the right of the State to regulate hunting, trapping and fishing and it shall be unlawful for any person participating in the privileges of hunting, trapping, fishing, possessing or transporting wildlife to refuse to permit authorized employees of the Department to inspect and count such wildlife to ascertain whether the requirements of the wildlife laws and regulations are being faithfully complied with. Any person who hunts, traps, fishes, possesses or transports wildlife in violation of the wildlife laws and regulations violates the conditions under which this privilege is extended, and any wildlife then on this person or within his immediate possession are deemed to be wildlife possessed in violation of the law and are subject to seizure by the Department pursuant to Section 45-208. (c) It shall be unlawful to hunt, trap, or fish except during an open season for the taking of wildlife, as such open seasons may be established by law or by rules and regulations promulgated by the Board or as otherwise provided by law. (d) It shall be unlawful to hunt, trap or fish except in compliance with the bag, creel and possession limits and except with such legal methods and weapons as may be established by law or by rules and regulations promulgated by the Board. (e) A person commits theft by taking of State-owned property whenever he takes any wildlife in violation of this Title. A person commits criminal attempt whenever he hunts, traps or fishes in violation of this Title. A person convicted of a violation of this section shall be punished as for a misdemeanor.

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45-202. Nongame Species . Except as otherwise provided by law or rule or regulation, it shall be unlawful to hunt, trap, fish, take, possess or transport any nongame species of wildlife except that the following species may be taken to protect crops or livestock, to prevent personal injury, to obtain fish bait or to gather food: rats, mice, groundhogs, beaver, freshwater turtles, poisonous snakes, frogs, spring lizards, fiddler crabs, freshwater crayfish and freshwater mussels. 45-203. Penalty for Possessing or Making Use of Wildlife Unlawfully Taken by Another . (a) It shall be unlawful for any person to make use of or possess any wildlife or parts thereof which he knows or reasonably should have known has been taken or possessed contrary to any of the wildlife laws, rules and regulations. (b) It shall also be unlawful for any person to conceal the taking or possession of wildlife by any person, whether by accident or otherwise, which that person knows, or reasonably should have known, has been taken or possessed illegally. 45-204. Mistake as to Nature of Wildlife . In any prosecution for the violation of any of the provisions of the wildlife laws, it shall not be a defense that the person taking, possessing, selling, transporting or storing wildlife was mistaken as to the species, sex, age, size, or any other fact regarding such wildlife or that such person lacked criminal intent, it being one of the purposes of the wildlife laws to penalize recklessness resulting in the violation of the wildlife laws. 45-205. Purchase and Sale of Game Species Prohibited . Except as otherwise specifically provided, it shall be unlawful for any person in this State to sell or to purchase any game species or parts thereof. Provided, however, authorized personnel of the Department and of any federal agency may buy such game species or parts thereof for the sole purpose of obtaining evidence of violations of the wildlife laws and regulations. 45-206. Unlawful to Hire Another to Take Wildlife Contrary to Law . It shall be unlawful for any person to hire another to take or possess wildlife in violation of the wildlife laws, rules and regulations.

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45-207. Disturbing Dens, Holes or Homes of Wildlife . Except as otherwise provided by law or regulation, it shall be unlawful to disturb, mutilate or destroy the dens, holes or homes of any wildlife, to blind wildlife with lights or to use explosives, chemicals, electrical or mechanical devices or smokers of any kind in order to drive such wildlife out of such habitats. 45-208. Disposition of Wildlife . (a) Conservation rangers, sheriffs and other peace officers of this State or any political subdivision thereof shall seize any wildlife taken or possessed in violation of the wildlife laws and regulations of this State. Such wildlife shall be sold or disposed of in such manner as the Commissioner may direct, in conformance with any rules and regulations promulgated by the Board, at any time after the expiration of thirty (30) days following such seizure, unless the owner thereof or the person in possession at the time of the seizure files a civil action against the State of Georgia, Department of Natural Resources, within thirty (30) days following such seizure, in the State or superior court having jurisdiction in the county where such seizure was made. The person filing such action shall have the burden of proof and the action shall be tried as other civil cases in said court. Items for which such an action has been filed shall be held pending the resolution of such action; provided, however, reasonable charges for storage shall be paid by the person filing such action in the event that such person does not prevail in said action. (b) If the wildlife seized is perishable or if by its nature, size or quantity it cannot be humanely, conveniently or economically stored, held, or contained, the Commissioner may at any time order that it be disposed of and the proceeds, if any, held in escrow for thirty (30) days following such seizure. If the owner thereof or the person in possession at the time of seizure files an action pursuant to this Section, the action will be for the return of such proceeds, if any, and such proceeds will be held in escrow until final disposition of such action. If no such action is filed, the proceeds shall be paid into the State treasury. (c) Items for which there is no conveniently ascertainable commercial market may be donated to a charitable institution or otherwise disposed of as the Commissioner may direct.

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45-209. Interference with Arrest. It shall be unlawful for any person to resist or interfere by force, menace, threat or in any other manner, with any arrest for violation of any wildlife law. It shall also be unlawful for any person to refuse to go with a conservation ranger or deputy conservation ranger after such an arrest has been made or to interfere with such ranger in the performance of his duty. 45-210. Impersonation of Conservation Ranger. It shall be unlawful for any person who is not at the time a duly commissioned conservation ranger or deputy conservation ranger to identify himself as such an officer of the Department or to wear or exhibit in public any official badge of such an officer or to wear the uniform of such an officer or any part thereof. 45-211. Inspection of Business Premises and Records of Commercial License Holders. Any commercial license holder shall be deemed, by application for said license, to have agreed to make his business premises and records available for inspection by authorized agents of the Department during normal business hours and at any other time when the licensed commercial activity is being conducted on such premises. 45-212. Damage or Destruction of Department Property. It shall be unlawful for any person to take, damage or destroy any wildlife, equipment, gate, building or other property belonging to or under the custody and control of the Department or any of its employees or agents. 45-213. Public Hunting or Fishing Areas; Compliance with Laws and Regulations; No Firearms; No Intoxication; Criminal Trespass. (a) It shall be unlawful to hunt, trap or fish on any public hunting or fishing area or game management area owned or operated, or owned and operated, by the Department except in compliance with all applicable laws and all rules and regulations promulgated by the Board, including but not limited to any law, rule or regulation requiring a special permit. (b) It shall be unlawful for any person to possess any firearm or bow on any public hunting, fishing or game management area owned or operated, or owned and operated, by the Department except during a legal open hunting season for that area and except

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when such firearms or bow and arrow is unloaded, cased, and stored so as not to be readily accessible. (c) It shall be unlawful for any person to be under the influence of drugs, intoxicating liquors, beers or wine on any public hunting, fishing or game management area. The determination of whether any such person is under the influence of drugs or intoxicating liquors, beers or wines may be made in accordance with Georgia Code section 68A-902.1. (d) Any person who shall hunt, trap or fish on any public hunting or fishing area or on any game management area owned or operated, or owned and operated, by the Department in violation of this section shall be guilty of criminal trespass and upon conviction shall be punished as for a misdemeanor. 45-214. Department Personnel Authorized to Take, Transport, Possess, Purchase, Sell, Band and Release Wildlife. For purposes of wildlife management, and in accordance with sound principles of wildlife research and management, authorized personnel of the Department are authorized to take, transport, possess, purchase, sell, band and release wildlife at times, by methods, and in quantities which are otherwise made unlawful by this Title. 45-215. Jurisdiction of Probate Courts; Summons. (a) The jurisdiction of the probate courts of the several counties of this State is hereby enlarged and extended so that said courts, acting by and through the judge or presiding officer thereof, shall have the right and power to receive pleas of guilty and impose sentence upon defendants violating the provisions of this Title. (b) When a person is arrested for any violation of the wildlife laws, the arresting officer may, at his discretion, choose to issue to such offenders a summons to appear before a court of jurisdiction. When such summons is to be issued the arresting officer shall prepare, in quadruplicate, a written notice to appear or summons. Every such summons shall show: (1) That it is issued by authority of the Department; (2) The name of the person summoned, or if the person to be summoned refuses to give his name, or the officer serving the

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summons believes the name given is false, or if the officer is for other cause unable to ascertain the correct name of the person to be summoned, a fictitious name plainly identified as such; (3) The offense with which the person being summoned is charged and the date and location of the alleged offense; (4) The location of the court and the day and hour at which he is summoned to appear; (5) That failure to so appear is a violation of Georgia laws and subject to prosecution; (6) The date the summons is served; and (7) The name and official designation of the officer serving it. (c) Every person so summoned shall appear at the place and on the date ordered except in cases where a bond has been posted in lieu of the summons, or where the court has granted a continuance. (d) The officer serving a summons pursuant to this section shall on or before the return date of the summons deliver a copy thereof to the court before which it is returnable, or to the clerk of such court, and shall file any information and such affidavits as may be required with respect to the alleged offense. 45-216. Penalty for Violation of this Title. Any person who shall violate any of the provisions of this Title shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law. 45-217. Civil Enforcement by Department. As an alternative to criminal enforcement pursuant to section 45-216, the Department, in order to enforce the provisions of this Title or of any rules and regulations promulgated pursuant thereto, may employ any one or any combination of any or all of the following methods: (a) Any person who violates any provisions of this Title, or any regulations or orders promulgated and administered

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thereunder, shall be liable civilly for a penalty in an amount of up to one thousand dollars ($1,000.00) for each and every violation thereof, said penalty to be recoverable by a civil suit brought in the name of the Commissioner by the district attorney of the county in which the alleged violator resides. The Commissioner, on his motion, may, or upon complaint of any interested party charging a violation shall, refer the matter directly to the district attorney of the county in which the alleged violator resides. The proceeds from all civil penalties arising from enforcement of the wildlife laws, regulations and orders pursuant to this section shall be used in the manner prescribed in section 45-115. (b) Whenever the Department, after a hearing, determines that any person has violated any provision of this Title, or any regulations or orders promulgated thereunder, the Department may issue an administrative order imposing a civil penalty not to exceed one thousand dollars ($1,000.00) for such violation. The initial hearing and any administrative review thereof shall be conducted in accordance with an Act known as the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. Any administrative review of the initial decision of the hearing officer and the final order or action of the Board shall be by a five (5) member committee, to be known as the Administrative Review Committee. The members of said committee shall be members of the Board and shall be selected by the Board. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Board shall have the right of judicial review thereof in accordance with an Act known as the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. All civil penalties recovered by the Department as herein provided shall be paid into the State treasury. The Department may file in the superior court wherein the person under order resides, or if said person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Department unappealed from, or of a final order of the Department affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereof shall

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thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by said court. (c) The civil penalty prescribed in this section shall be concurrent, alternative and cumulative with any and all other civil, criminal or alternative rights, remedies, forfeitures or penalties provided, allowed or available to the Commissioner with respect to any violation of this Title and any regulations or orders promulgated pursuant thereto; provided, however, that in no instance shall the Department be authorized to proceed against any person under both section 45-216 and this section for any single violation of the wildlife laws, rules and regulations. Chapter 45-3 LICENSES AND PERMITS 45-301. Issuance and Sale of Licenses . (a) Hunting, fishing and trapping licenses shall be issued and sold by the Department on forms containing such information as may be prescribed by the Department. Licenses for hunting and fishing may be sold in each county by persons approved by the Department to be either bonded license agents or cash license agents. (b) Each such bonded license agent shall: (1) Remit to the Department a premium which shall entitle him to coverage under a blanket performance bond provided by the Department. Such premium shall be due and payable annually upon notice. (2) Account for all license sales and the cash from such sales in a monthly report to the Department. Such report shall be due no later than the 10th day of the month following such sale. (3) Account for all licenses issued to him whenever requested to do so by the Department. (4) Keep copies of all licenses sold. (5) Receive for himself no more than twenty-five (25) cents for each license issued, except for a combination resident hunting

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and fishing license, for which the agent may receive fifty (50) cents for each license issued, and except for a nonresident big game license for which the agent may receive one dollar ($1.00) for each license issued. (6) Return to the Department all unsold licenses within thirty (30) days after the expiration of such licenses. (c) Each cash license agent shall: (1) Remit to the Department, in advance, the net cost of any licenses ordered for sale. Such remittance shall be in the form of a certified check or a United States postal money order. (2) Account for all licenses issued to him whenever requested to do so by the Department. (3) Keep copies of all licenses sold. (4) Receive for himself no more than twenty-five (25) cents for each license issued, except for a combination resident hunting and fishing license, for which the agent may receive fifty (50) cents for each license issued, and except for a nonresident big game license, for which the agent may receive one dollar ($1.00) for each license issued. (5) Return to the Department all unsold licenses within thirty (30) days after the expiration of such licenses. All unsold licenses returned will be credited by the Department for new licenses or refunds will be made to the agent. 45-302. Unlawful to Hunt, Fish Without a License; Residents and Nonresidents; Trout Stamp and Big Game License Required; Exceptions; Honorary Licenses; Inspection of Licenses; False Statement Prohibited; Counterfeiting of Licenses; Effective Date of Licenses . (a) It shall be unlawful for any person to hunt, fish, trap or possess any wildlife without first procuring the licenses or permits, or both, required by law. (b) It shall be unlawful for any resident of this State who has attained the age of sixteen (16) years to hunt, fish or trap without a valid hunting license, fishing license or trapping license, respectively,

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as provided in section 45-303, except on premises owned by him or his immediate family. It shall be unlawful for any resident of this State to hunt, fish or trap in this State without carrying such license upon his person, except on premises owned by him or his immediate family and except when otherwise specifically directed by authorized personnel of the Department. (c) It shall be unlawful for any person not a resident of Georgia who has attained the age of sixteen (16) years to hunt, fish or trap in this State without a valid nonresident hunting, fishing or trapping license, respectively, as provided in section 45-303, except as otherwise specifically provided by law and interstate agreements. It shall be unlawful for any nonresident to hunt, fish or trap without carrying such license on his person, unless otherwise specifically directed by authorized personnel of the Department. (d) It shall be unlawful for any resident of this State who has attained the age of sixteen (16) years and for any nonresident, regardless of age, to fish for or possess mountain trout unless such person has in his possession a trout stamp attached to his sport fishing license with the name of such person signed across the face of the stamp. (e) It shall be unlawful for any resident of Georgia who has attained the age of sixteen (16) years and for any nonresident, regardless of age, to hunt or possess big game, unless such person has in his possession a big game license, in addition to the required hunting license. (f) No resident of this State shall be required to obtain a trout stamp or big game license to hunt, fish or trap on premises owned by him or his immediate family. (g) Any visitor to a State park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout stamp when fishing in impounded waters on lands owned or leased by the Department. (h) Any resident who is a veteran and who files with the Department a letter from the Veterans Administration stating that he is a totally disabled American veteran, or any resident

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who has attained the age of sixty-five (65) years and who applies to the Department shall be issued a lifetime honorary hunting and fishing license, which entitles such resident to hunt and fish without the payment of any fee whatsoever. Any resident who is totally blind and who applies to the Department shall receive a lifetime fishing license which shall entitle the holder thereof to fish without the payment of any fee whatsoever. (i) Any person holding a valid honorary license pursuant to this section shall not be required to obtain the trout stamp and big game license otherwise required by this section. (j) All honorary hunting and fishing licenses are subject to all the wildlife laws, rules and regulations, with the exception of the provisions requiring the payment of fees for such licenses. Such honorary licenses may be revoked in accordance with the provisions of this Title. It shall be unlawful for any person who has an honorary hunting and fishing license to permit the use of same by any other person. It shall also be unlawful for any person who is not entitled to an honorary hunting and fishing license to use such a license. (k) It shall be unlawful for any person who is required to have on his person any license issued under the provisions of this Title to refuse the inspection of such license upon demand by a conservation ranger or deputy conservation ranger. (l) It shall be unlawful for any person to make any false statement as to any fact which is required as a prerequisite to the issuance of a license or permit, and any license or permit obtained in violation of this section is void. Any license agent may require the applicant for a license or permit to show proof of any statement or facts required for issuance of any license or permit. (m) It shall be unlawful for any person to counterfeit, change or alter or attempt to counterfeit, change or alter any license or permit issued pursuant to Title. It shall be unlawful for any person, other than a license agent or authorized personnel of the Department, to collect any funds for any license or permit issued pursuant to this Title.

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(n) Except as otherwise specifically provided, all season hunting, fishing and trapping licenses shall be effective from April 1 to March 31 of the following year. 45-303. License and Permit Fees. Fees for licenses and permits required by this Title shall be as follows: (a) Hunting licenses: (1) Resident hunting license Season $ 4.25 (2) Nonresident hunting license Season 25.25 (3) Nonresident hunting license 10-day 15.25 (4) Resident archery license Season 3.25 (5) Nonresident archery license 10-day 12.50 (6) Nonresident archery license Season 25.25 (7) Resident big game license Season 3.25 (8) Nonresident big game license Season 25.00 (9) Nonresident commercial shooting preserve hunting license Season 5.25 (10) Nonresident private shooting preserve hunting license Season 12.50 (b) Combination licenses: (1) Resident hunting/fishing license Season $ 7.25 (c) Freshwater fishing licenses: (1) Resident fishing license Season $ 3.25 (2) Nonresident fishing license Season 10.25 (3) Nonresident fishing license 5-day 3.25 (4) Resident spear fishing license Season 5.25 (5) Nonresident spear fishing license Season 25.25 (6) Resident mountain trout stamp Season 2.25 (7) Nonresident trout stamp Season 10.25 (8) Nonresident trout stamp 5-day 3.25 (d) Trapping licenses: (1) Resident trapping license Season $ 5.25 (2) Nonresident trapping license Season 100.25

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(e) Commercial fishing licenses: (1) Resident commercial freshwater fishing license Season $ 10.25 (2) Nonresident commercial freshwater fishing license Season 30.25 (3) Resident commercial shad license Season 5.25 (4) Nonresident commercial shad license Season 100.25 (5) Resident commercial saltwater fishing license Season 2.00 (6) Nonresident commercial saltwater fishing license Season 5.00 (f) Fur, hide and pelt licenses: (1) Resident fur dealer license Annual $100.00 (2) Nonresident fur dealer license Annual 200.00 (3) Fur dealer's agent license Annual 10.00 (g) Miscellaneous licenses and permits: (1) Retail fish dealer license Annual $ 2.50 (2) Wholesale fish dealer license Annual 25.00 (3) Import wholesale fish dealer license Annual 100.00 (4) Resident game-holding permit Annual 2.50 (5) Commercial quail dealer permit Annual 25.00 (6) Wildlife management area big game or waterfowl hunt permit Hunt 5.00 (7) Wildlife management area small game hunt permit Daily 1.00 (8) Scientific collecting permit Annual 5.00 (9) Wildlife exhibition permit Annual 50.00 (10) Commercial shooting preserve license Annual 25.00 (11) Private shooting preserve license Annual 10.00 (12) Commercial fish hatchery license Annual 50.00 (13) Catch-out pond license Annual 200.00 (14) Soft shell crab dealer license Annual 10.00 (15) Taxidermist license Annual 10.00 (16) Falconry permit Annual 5.00 (17) Oyster dredging permit Annual 1.00 (18) Commercial alligator farming license Annual 250.00 (19) Wild animal dealer license Annual 25.00 (20) Wild animal exhibition permit Annual 50.00 (21) Resident bait dealer license Season 2.00 (22) Nonresident bait dealer license Season 5.00

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45-304. Commercial Shad Licenses . It shall be unlawful to fish commercially for shad without first procuring from the Department a commercial shad license as prescribed in section 45-303. Said license shall be in lieu of a commercial freshwater fishing license and a commercial saltwater fishing license. 45-305. Commercial Fishing Boat Licenses. (a) It shall be unlawful for any person to engage in commercial fishing with a boat or vessel in the salt waters of this State without first obtaining a valid commercial fishing boat license for such boat or vessel. The owner or operator of such boat or vessel shall present in writing an application for such license, setting forth such data and information as the Department shall require. Such application shall be made upon a form prescribed by the Department and shall be under oath and duly witnessed by an officer authorized by law to administer oaths. (b) Fees for licenses required under this section shall be as follows: (1) A trawler (which shall be any boat or vessel which utilizes one or more trawl or power-drawn nets in the taking of shrimp, crabs, or fish), up to and including eighteen (18) feet in overall length, twenty-five dollars ($25.00). (2) A trawler more than eighteen (18) feet in overall length, twenty-five dollars ($25.00) plus fifty (50) cents per foot or fraction thereof of overall length in excess of eighteen (18) feet. (3) All boats, other than trawlers, up to and including eighteen (18) feet overall length, five dollars ($5.00).

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(4) All boats, other than trawlers, over eighteen (18) feet overall length, fifty (50) cents per foot or fraction thereof. (c) To defray the additional cost of regulating and policing, aliens and nonresidents shall be charged a license fee in addition to that provided by subsection (b) of this section in the amount of twenty-five dollars ($25.00) for each boat or vessel used in commercial fishing or in the taking of seafood, which boat or vessel is owned, in whole or part, by such nonresident or alien. Provided, however, in the event such nonresident or alien applying for such license is a resident of another state which charges nonresidents a license fee greater than the total license fee charged for nonresidents in this State, then the additional license fee provided for herein for nonresidents shall be increased to the amount necessary to cause the Georgia nonresident license fee to be the same amount as the nonresident license fee of such other state. 45-306. Commercial Saltwater Fishing Licenses; Nonresidents. (a) It shall be unlawful for any person to engage in commercial fishing in any of the salt waters of this State without first obtaining a commercial saltwater fishing license. Said license shall be separate and distinct from and in addition to the commercial fishing boat license required by section 45-305. (b) When a person in charge of the operation of a commercial fishing boat, whether or not that person is the owner of the commercial fishing boat, has a commercial saltwater fishing license and is on board such commercial fishing boat, then any person assisting in commercial fishing under the supervision of such licensed person need not have a commerciel saltwater fishing license in his name. 45-307. Catch-out Pond Licenses. The owner or operator of a catch-out pond operated as one contiguous unit and under single ownership, including ownership by a partnership, firm, association, or corporation, may purchase a catch-out pond license as provided in section 45-303. Such license shall not be transferable to another owner or operator or to any other site. Persons, both residents and nonresidents, may fish in a properly licensed catch-out pond without obtaining a fishing license or trout stamp, and without complying with the possession limits, size limits and seasons set forth in this Title. It shall be unlawful for

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the owner or operator of a catch-out pond not properly licensed to represent to any person that such person may fish in said pond as if such pond was a licensed catch-out pond. 45-308. Taxidermist Licenses. (a) It shall be unlawful for any person to engage 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 as provided in section 45-303. Said license shall authorize the holder thereof to have, at his business premises, wildlife which has been legally taken for the sole purpose of preserving or mounting, or preserving and mounting, such wildlife. Such license shall be issued only after submission of an application in such form and containing such information and conditions as may be prescribed by the Department. (b) Any wildlife at the business premises of a taxidermist must have a tag attached with the owner's name and license number, the date such wildlife was killed, and the date such wildlife was received. Such tag may be removed as necessary during mounting, but must otherwise remain on the wildlife until final disposition. (c) It shall be unlawful for any taxidermist to fail to notify the Department of any wildlife in his possession which he knows or reasonably should know was not legally taken. (d) It shall be unlawful for a taxidermist to sell any wildlife or part thereof which is left unclaimed. (e) It shall be unlawful for a taxidermist to possess or mount any game species for which there is no open season or any endangered, rare, threatened or unusual species without obtaining a special permit from the Department. There shall be no charge for such permit. (f) It shall be unlawful for any taxidermist to fail to keep at his business premises a written record of all wildlife received by him showing the name and address of the owner, the number and species of such wildlife, and the date received. One complete license year of records shall be kept at the business premises.

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45-309. Fur Dealer Licenses. (a) It shall be unlawful for any person to purchase or sell any raw undressed hide, fur, pelt or skin of a furbearing animal unless such person has a valid fur dealer license or fur dealer's agent license as provided in section 45-303. For purposes of obtaining a fur dealer license, a person who is a legal resident of Georgia at the time of application for such license, a partnership in which all partners are residents of this State, and a corporation which is incorporated under the laws of this State or qualified to do business within this State and having a regularly maintained and established place of business within this State shall be deemed eligible for a resident license. All other fur dealer license applicants shall be required to obtain a nonresident license. Fur dealer licenses shall include the licensee if an individual, the partners if a partnership, and the president and manager if a corporation. (b) Any employee or officer of a fur dealer may apply for a fur dealer's agent license provided such employee or officer is authorized to purchase, sell, or otherwise acquire title to or possession of furs, hides, skins and pelts for and on behalf of a licensed fur dealer and provided such fur dealer approves any such application. Provided, further, no employee may be a licensed fur dealer's agent for more than one licensed fur dealer at the same time. No such license shall be transferable and there shall be no rebate, refund or reduction in the license fee for any reason whatsoever. (c) Every fur dealer licensed pursuant to this section shall file an annual report with the Department not later than sixty (60) days after the close of the trapping season. Such report shall list the number of each type of hide, fur, skin or pelt purchased during the preceding year, the date of purchase, and the name of the person from whom purchased and shall be submitted on forms provided by the Department. In addition, each fur dealer shall maintain in a legible manner on his business premises a listing of furs currently on hand showing each type of hide, fur, skin or pelt purchased, the date of purchase, and the name of the person from whom purchased. 45-310. Commercial Alligator Farming Licenses. (a) It shall be unlawful for any person to engage in alligator farming unless such person has a valid commercial alligator farming license as

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provided in section 45-303. Any person desiring to establish, maintain and operate a commercial alligator farm shall apply to the Department for such a license. (b) It shall be lawful for any person with a valid commercial alligator farming license to possess and propagate live alligators and to process and sell or export the hides of the harvested alligators on such alligator farm. Provided, however, it shall be unlawful for any person, including a person with a commercial alligator farming license, to acquire any live alligator, except by propagation of live alligators lawfully in his possession, without first obtaining a permit from the Department to acquire such live alligator. It shall also be unlawful for any person, including a person with a valid commercial alligator farming license, to sell, barter, exchange, give or loan any live alligator to any other person without first obtaining a permit from the Department to so sell, barter, exchange, give or loan such live alligator. (c) It shall be unlawful for any person with a valid commercial alligator farming license to acquire or possess any alligator hide or carcass except from the harvest of live alligators lawfully in his possession and on his alligator farm. (d) Every person with a valid commercial alligator farming license shall file with the Department such reports in such form, containing such information and at such time as is deemed necessary by the Department to discharge its responsibilities under this section. In addition every such licensee shall maintain on his business premises such records in such form and containing such information as is required by the Department to discharge its responsibilities under this section. (e) The Board shall have the authority to adopt and promulgate rules and regulations relative to commercial alligator farming, including but not limited to the power to establish standards relating to enclosures, housing facilities, handling, care and treatment of live alligators on the alligator farm of the licensee and the processing, marking, sale and exportation of hides of alligators harvested on the alligator farm of the licensee, to require an application for a commercial alligator farming license in such form, containing such information and at such times from each licensee as it deems necessary for the Department

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to discharge its responsibilities under this section and to require the maintenance by each licensee on his business premises of such records in such form and containing such information as is required by the Department to discharge its responsibilities under this section. 45-311. Tags for Fishing Boats, Display; Identification Numbers and Letters. It shall be unlawful for any boat or vessel licensed by the Department pursuant to this Chapter to fail to have securely fixed on each side of the bow or pilothouse thereof, and conspicuously displayed in order that it may be read from a reasonable distance, a tag furnished by the Department. It shall also be unlawful for any boat or vessel so licensed to fail to have painted upon such boat or vessel, in a size and upon such part as may be prescribed by the Department, such numbers and letters to identify such boat or vessel. The paint used for such purpose shall be different from and in clear contrast in color to the boat or vessel on which applied. The numbers and letters so painted on said boat or vessel shall not be covered at any time while said boat or vessel is trawling, fishing, or taking any seafood. 45-312. Game-holding Permits. It shall be unlawful for any person to hold or possess any game species for purpose of propagation or pets without first obtaining a valid game-holding permit as provided in section 45-303. Any game species held under such permit may not be sold by the holder but must be retained, consumed or disposed of without charge. 45-313. Scientific Collecting Permits. (a) It shall be unlawful for any person to take, possess or transport any of the wildlife of this State, or the plumage, skin or body thereof, or the nests or eggs of the same for scientific purposes without obtaining a scientific collecting permit and complying with the provisions of this section. (b) Application for a scientific collecting permit must be made on forms obtained from the Department and must be accompanied by the permit fee as provided in section 45-303 and a project proposal containing the justification for and an outline of the proposed collecting activities.

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(c) The Department shall issue such a permit only if it has determined that the proposed collecting activities are in the best interest of the wildlife resources. In making such a determination, the Department shall consider the following: (1) Whether there is a need for the information or data; (2) Whether the proposed collecting activities would duplicate sound research previously accomplished; (3) Whether there would be benefit to the species or population being studied; (4) Whether the project would be detrimental to the particular wildlife population, associated populations or to wildlife habitat; and (5) Whether the project is of reasonably sound design. (d) Based on the conditions outlined in subsection (c) herein, such permit may contain conditions on the number and type of wildlife to be collected, the dates and locations of collecting and the type of gear which may be used. Notwithstanding any other provision of this Title to the contrary, the Department may authorize the use of baskets, nets, seines, traps, chemicals and electrical devices for purposes of collecting pursuant to this section. (e) Persons issued a scientific collecting permit shall treat all wildlife humanely and shall notify the Department at least three (3) days in advance of the date of collecting. Such persons shall also submit to the Department reports detailing the information or data obtained from such collecting activities. Such reports shall be submitted by the following March 31, or within sixty (60) days after collecting, whichever is later. (f) Permits may be denied, revoked or not renewed in accordance with the procedures outlined in section 45-323 for the reasons outlined in said section or for any of the following reasons: (1) Violation of specific conditions listed on the permit;

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(2) Excessive collection of wildlife; (3) Submitting false information; (4) Failure to maintain records; (5) Failure to notify the Department within three (3) days of collecting activities; (6) Inhumane treatment of wildlife; (7) Any other violation of this section or the regulations promulgated pursuant thereto. 45-314. Wildlife Exhibition Permits. (a) It shall be unlawful for any person to keep, hold or possess any wildlife in captivity for the purpose of display or exhibition to the public without first procuring a valid wildlife exhibition permit as provided in section 45-303. The Department may impose conditions on such permit requiring adequate sanitation facilities, housing and feed for the animals and insuring the safety of the public in accordance with regulations promulgated by the Board. Exhibitions of wildlife by educational institutions, State, city, county or municipal zoos or transient circuses shall not be required to procure a wildlife exhibition permit; provided, however, such exhibitors must comply with all regulations of the Board relating to sanitation, housing, feed and public safety. (b) It shall be unlawful for any person holding any wildlife in captivity pursuant to a wildlife exhibition permit to release such wildlife from captivity or to house or maintain such wildlife in such a manner as to pose a reasonable possibility that such wildlife may be released accidentally or escape from captivity. 45-315. Liberation of Wildlife Permits. It shall be unlawful for any person to liberate any wildlife within this State except under permit from the Department. 45-316. Wildlife Storage Permits. It shall be unlawful for any person operating a grocery store, hotel, market, cold storage house, restaurant or any commercial facility receiving wildlife for storage to receive for storage or to store any wildlife or parts

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thereof without first obtaining a wildlife storage permit from the Department and without requiring the person offering or requesting to store such wildlife to exhibit a valid license authorizing such person to take or possess such wildlife. 45-317. Commercial Quail Breeder Permits. (a) It shall be unlawful for any person to engage in the business of propagating quail for food, restocking, propagation or other commercial purposes unless such quail are pen-raised quail and unless such person has obtained a commercial quail breeder permit as provided in section 45-303. For purposes of this section, a pen-raised quail is a quail that has been hatched from an egg laid by a quail confined in a pen or coop. (b) Each person holding a commercial quail breeder permit shall keep records, in a suitably bound book, of all bird carcasses sold, to whom sold and the number sold. (c) It shall be unlawful to sell the carcass of any pen-raised quail unless such carcass has been stamped with the following information: (d) It shall be unlawful to sell pen-raised quail which have been killed with a firearm. (e) It shall be unlawful to transport any pen-raised quail without meeting the requirements of this Title relating to the transportation of wildlife; provided, however, nothing herein shall be construed to limit the number of pen-raised quail which may be transported in this State. 45-318. Falconry Permits. (a) It shall be unlawful for any person to trap, take, transport or possess raptors for falconry purposes

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unless such person first procures, in addition to a valid hunting license, a valid falconry permit as provided in section 45-303. (b) There shall be three classes of falconry permits: apprentice; general; and master. Prior to the issuance of any falconry permit, the applicant shall be required to answer correctly eighty percent (80%) of the questions on an examination administered by the Department relating to the basic biology, care, and handling of raptors, literature, laws, regulations and other such pertinent subject matter. Minimum requirements and limitations for each class of falconry permit are: (1) Apprentice class. Applicant must be at least fourteen (14) years old; for the first two years he possesses an apprentice permit, have a sponsor who possesses a valid general or master falconry permit, and who has no more than two other apprentice falconers; possess no more than one raptor and replace this raptor no more than once during any twelve (12) month period; and possess only an American kestrel (Falco sparverius), a red-tail hawk (Buteo jamaicensis), or a red-shouldered hawk (Buteo lineatus). (2) General class. Applicant must be at least eighteen (18) years old; have at least two (2) years' experience in the practice of falconry at the apprentice level; possess no more than two (2) raptors and may not obtain more than two (2) raptors for replacement birds during any twelve (12) month period; and not take, transport or possess any golden eagle or any species listed as threatened or endangered in Part 17 of section 21.28 of Subpart C, Chapter I of Title 50, U. S. Code of Federal Regulations. (3) Master class. An applicant shall have at least five (5) years, experience in the practice of falconry at the general class level; may not possess more than three (3) raptors; and may not obtain more than two (2) replacement raptors during any twelve (12) month period; may not take, transport or possess any golden eagle for falconry purposes unless authorized in writing under section 22.24 of Subpart 21, Chapter I of Title 50, U. S. Code of Federal Regulations; and may not take, transport or possess as part of the three-bird limitation, more than one raptor listed as threatened in Part 17 of section 21.28 of Subpart C, Chapter I of

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Title 50, U. S. Code of Federal Regulations and then only in accordance with prior written approval by the Director, United States Fish and Wildlife Service issued pursuant to Part 17 of said Subchapter. (c) It shall be unlawful for any person to trap, transport or possess a golden eagle (Aquila chrysaetos) unless authorized in writing by section 22.24 of Subpart C, Part 21, Chapter I of Title 50, U. S. Code of Federal Regulations. (d) It shall be unlawful for a falconer to trade or transfer a raptor to another falconer unless prior written approval has been obtained from the Department and unless no money or other consideration is involved in the transaction. (e) Within ninety (90) days of the effective date of this Title, all persons possessing raptors shall submit to the Department an inventory and description of all raptors in their possession, except those held for scientific or zoological purposes, whether or not such person intends to submit an application for a falconry permit. Provided, further, no raptor may be lawfully acquired after the submission of said inventory, unless the person acquiring the raptor first obtains a raptor marker from the United States Fish and Wildlife Service and attaches it to the raptor immediately upon acquisition. (f) Any person possessing a raptor before the effective date of this Title is required to band said raptor with a raptor marker from the United States Fish and Wildlife Service; provided, however, said raptor cannot be replaced if death, loss, release, or escape occurs. (g) Any person possessing raptors before the effective date of this Title in excess of the number allowed by his falconry permit may keep the extra raptors. All such raptors shall be identified by said markers and cannot be replaced, nor can any additional raptors be obtained, until the number possessed is at least one less than the total number authorized by said permit. (h) A person who possesses a lawfully acquired raptor before the effective date of this Title and who fails to meet the falconry permit requirements shall be allowed to retain the raptors. All

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such birds shall be identified with said markers and cannot be replaced if death, loss, release or escape occurs. (i) It shall be unlawful for any person to alter, counterfeit or deface a raptor marker furnished by the United States Fish and Wildlife Service; provided, however, that persons possessing a falconry permit may remove the rear tab and may smooth any imperfect surface, provided the integrity of the marker and numbering are not affected. (j) By July 31 of each year, every person possessing a valid falconry permit shall submit a report to the Department, on a form containing the following information and such other information as may be prescribed by the Department: (1) A listing of all raptors in the falconer's possession by species, raptor marker number, sex (if known), age (if known), and date and where or from whom acquired; and (2) A listing of all raptors possessed or acquired since the previous annual report, but no longer possessed, by species, raptor marker number, sex (if known), age (if known), date and from whom acquired or given to, whether escaped, died or released, and when such event occurred. (k) All persons applying for a falconry permit and all permitted falconers shall, by application for said permit, be deemed to agree to make their raptor housing facilities and falconry equipment (including but not limited to mews, weathering areas, jesses, leashes and swivels, bath containers, perches and weighing devices) available at reasonable times for inspection and certification as to compliance with federal standards by authorized agents of the Department. Provided, further, that no falconry permit may be issued until the applicant's raptor housing facilities and falconry equipment have been so inspected and certified. (l) A falconry permittee shall obtain written authorization from the Department before any species not indigenous to Georgia is intentionally released to the wild, at which time the released bird's marker shall be removed and surrendered to the Department. The marker from an intentionally released bird

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which is indigenous to Georgia shall also be removed and surrendered to the Department. A standard federal bird band shall be attached to such birds by the Department or by a federal bird bander authorized by the United States Fish and Wildlife Service. (m) Another person may take care of the birds of a permittee if written authorization from the permittee accompanies the birds when they are transferred. If the period of care will exceed thirty (30) days, the Department shall be informed in writing by the permittee within three (3) days of the transfer as to where the birds are to be held, the reason for the transfer, the person caring for the raptors, and the approximate number of days they will be in said person's care. (n) Feathers that are molted, or those feathers from birds held in captivity that die, may be retained and exchanged by permittees only for imping purposes. (o) It shall be unlawful for apprentice falconers to take young birds not yet capable of flight. General or master falconers may take such birds only between the dates of May 1 and June 30, provided, however, no more than two such birds may be taken by any permittee during this period. (p) First-year birds may be taken by permittees only from September 1 through December 31. (q) Marked raptors may be retrapped at any time by holders of valid falconry permits. (r) Only American kestrels and great-horned owls (Bubo virginianus) may be taken when over one year old, except that any raptor taken under a depredation (or special purpose) permit, other than endangered or threatened species, may be used for falconry by general and master falconers. 45-319. Oyster Collector's Permits; Taking Oysters for Personal Use. (a) Any commercial fisherman shall each year, prior to engaging in commercial oyster gathering, obtain an oyster collector's permit from the Department. Such permit shall be in the form of a chart to which is attached or affixed the date, the name

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of the individual, the company the individual is working for, and the number of the State health certificate. Said chart shall show the areas on which oysters cannot be taken because of pollution as determined by the Department. (b) A master chart showing the pollution zone shall be kept by the Department. Said chart shall also show the areas from which the applicant may obtain oysters by virtue of the following demonstrated authority: (1) Lease of State-owned land; (2) Ownership of lands or authorized agent for owner; (3) Lease of lands from landowners; or (4) Permit from the Department to remove oysters from natural oyster beds on unleased State lands. (c) A duplicate oyster collector's permit with chart shall be filed with the Department. The permits provided for herein shall be furnished to the applicants by the Department at cost price. The Department shall furnish sufficient charts covering the areas of operations, which charts shall be recent United States Coast and Geodetic charts, or accurate facsimiles of the same. (d) It shall be unlawful for any person, while engaged in commercial oyster collection from oyster beds, to fail to carry with him the permit required by this section. It shall also be unlawful for any person to collect or engage in collecting oysters from any polluted areas or sources, or from any areas or sources other than as shown and authorized for use by the permit granted to him. (e) Nothing in this section shall prohibit an individual from taking not in excess of two bushels of oysters per day for his own use when authorized to do so by written permission of the landowner, which written permission shall be in possession of the person so taking. 45-320. Permit to Use a Dredge to Take Oysters; Bond Required. It shall be unlawful to take oysters by the use of a dredge without first obtaining a permit from the Department as provided

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in section 45-303. In addition, each such permittee must execute a bond, with a bonding, surety or insurance company which is solvent financially and is duly authorized to do business in this State, in the amount of five thousand dollars ($5,000) payable to the State of Georgia. Such bond shall be conditioned upon the faithful compliance of the permittee with all the laws and regulations relating to the taking of oysters. Said bond shall be in addition to the boat license, commercial fishing license and oyster gathering permit required by this Title. 45-321. Killing of Deer Causing Damage to Crops. The Department shall be authorized to issue to a person who cultivates crops, is immediately responsible for their cultivation or who is the principal owner of crops, a permit to kill deer which have caused or are reasonably certain to cause damage to crops which were planted for the purpose of harvesting and marketing such crops or their by-products. Such person shall make application to the Department for such a permit on a form containing such information as may be necessary for the proper evaluation and consideration of such application. Permits shall be issued only in cases where the Department has determined that the killing of deer is justified. Representatives of the Department are authorized to investigate claims of damage and the necessity of killing deer prior to the issuance of such a permit. Permits issued by the Department shall include restrictions and conditions relative to the property on which deer may be killed, persons authorized to kill deer on the property, crops which may be protected, number and sex of deer which may be killed, expiration of permit, and such other restrictions and conditions as may be necessary. It shall be unlawful for any person to kill any deer under the authority of any such permit except in accordance with the restrictions and conditions of such permit. 45-322. Service of Process for Licensees or License Applicants. All applications to the Department for any license or permit or license and permit provided by this Title shall designate an address in Georgia where the applicant can be personally served with legal process, or shall contain an appointment of an agent in Georgia for acceptance of service of legal process together with the agent's Georgia address, or shall contain a designation of the Secretary of State of Georgia for acceptance of service of legal process. A copy of any application so designating the Secretary

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of State shall be forwarded by the Department to the Secretary of State. The filing of an application with the Department for a license or permit or both shall constitute an admission by the applicant that the applicant is doing business in Georgia. 45-323. License or Permit Denial, Revocation, Suspension or Nonrenewal. (a) Upon a determination by the Commissioner that a person has violated any provision of this Title or any rule or regulation promulgated pursuant thereto, the Commissioner may revoke, suspend, deny or refuse to renew any license or permit or both required by the provisions of this Title which is held by or has been applied for by such person, for a period of up to two (2) years following the determination of such violation. Provided, however, the license or permit, or both, to be revoked, suspended, denied or not renewed must not be unrelated to the violation determined by the Commissioner. The licensee, permit holder or applicant for a license or permit, or both, shall be notified of the proposed revocation, suspension, denial or nonrenewal personally or by a letter sent by certified mail to the name and address indicated on the application for such license or permit, or both, or to the Secretary of State as provided in section 45-322. Such proposed revocation, suspension, denial or nonrenewal shall become final thirty (30) days after issuance if not appealed as provided in this section. (b) Any person whose license, permit or application for a license or permit, or both, is proposed for revocation, suspension, denial or nonrenewal shall, upon petition within thirty (30) days of issuance of notice given as hereinabove stated, has the right to a hearing before a hearing officer appointed by the Board. The initial hearing, and any administrative review thereof, shall be conducted in accordance with an Act known as the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended, provided, however, any administrative review of the initial decision of such hearing officer and the final order or action of the Board shall be by five (5) members of the Board selected by the Board, to be known as the Administrative Review Committee. (c) Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the Administrative Review Committee of the

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Board is entitled to judicial review as provided in an Act known as the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. 45-324. Administrative Penalties. In addition to the authority heretofore granted in section 45-322 and section 45-323 to revoke, suspend, deny or refuse to renew any license or permit, or both, the Commissioner or Board or the Commissioner and Board may impose a reasonable penalty, with the written consent of the affected party or parties, not to exceed one thousand dollars ($1,000.00) for each and every violation, in lieu of revocation, suspension, denial or nonrenewal of a license or permit or both. All penalties recovered by the Commissioner as provided herein shall be paid into the general fund of the State treasury. Chapter 45-4 TRANSPORTATION OF WILDLIFE 45-401. Transportation or Shipment of Wildlife Prohibited; Exceptions; Permits. It shall be unlawful for any person to take, ship, or transport from any point within this State to another point within this State, or from any point within this State to any point beyond the borders of this State, except as otherwise provided, any wildlife taken in this State unless such wildlife is in the personal possession of or is carried openly by the person who took such wildlife and unless such person has in his possession a proper license or permit as prescribed by the wildlife laws, rules and regulations. 45-402. Wildlife Shipped by Carrier within this State. It shall be unlawful for any person to take any wildlife and have such wildlife transported to his home or any other place within this State by a carrier unless said person files with the carrier a written statement giving his name and address, the number of wildlife to be so transported, and specifying that he lawfully took said wildlife and that it is to be lawfully disposed of. A copy of said statement shall be attached to such wildlife or to its packaging. 45-403. Transporting of Wildlife Beyond State; Sworn Statement; Permit. It shall be unlawful for any person, other than a

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carrier who has complied with the provisions of section 45-405, to take, ship, or transport wildlife out of this State except under the following conditions: (a) Such person must have in his possession at the time of such taking, shipping, or transporting the proper wildlife license or permit duly issued to such person by the Department. (b) Such person cannot take from the State more than the bag or possession limits established by law or regulation. (c) Such person shall make a sworn statement, duly attested to by an authorized officer of this State, which statement shall show that such person has lawfully taken such wildlife and that they are not for sale, except as otherwise permitted by the wildlife laws, rules and regulations, and shall show the number of wildlife being shipped, transported, or taken out of the State. One copy of said statement shall be given the carrier, if such wildlife is being transported by carrier, and one shall be attached to the wildlife being shipped, transported or taken out of the State. (d) Such person shall submit his license or permit and sworn statement to any sheriff, deputy sheriff or conservation ranger for inspection when requested to do so. 45-404. Transportation of Wildlife for Propagation or Scientific Purposes Under Permit. It shall be unlawful for any person to ship or transport from any point within this State to any other point within this State, or to points beyond this State, any wildlife or parts thereof for propagation or scientific purposes unless such person has been issued and is holding a valid scientific collecting permit. Both the person shipping or transporting such wildlife, and any carrier accepting such shipment shall, on the same day the shipment is made, report to the Department the number and the species of wildlife shipped, to whom, and by whom shipped. 45-405. Carriers Prohibited from Accepting Wildlife for Shipment Contrary to Law. It shall be unlawful for any carrier to ship, transport, or to receive for shipment or transportation any wildlife, except as otherwise provided by the wildlife laws, rules or regulations without having ascertained that the person offering

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the same for shipment or transportation was then and there in possession of a proper license or permit duly issued for the period when the shipment was offered, or without receiving from such person a sworn statement as provided in section 45-403(c). Any carrier who shall ship or transport the skins, hides or pelts of furbearing animals shall be required to make reports of such shipments or transportation as may be required by the rules and regulations of the Board. Chapter 45-5 HUNTING 45-501. Penalty for Hunting on Lands of Another Without Permission. It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land. It shall be the duty of conservation rangers, sheriffs and deputy sheriffs to enforce the provisions of this section. 45-502. Night Hunting. (a) It shall be unlawful to hunt at night any game bird or game animal in this State except for raccoons, opossums, foxes, and bobcats and these may not be hunted with lights, except that a dry cell light which does not exceed six (6) volts or a fuel type lantern may be carried by a hunter and used for locating such animals. (b) Each vehicle, boat, animal or firearm used in the hunting of deer at night is hereby declared to be contraband and forfeited to the State and shall be confiscated and seized by any peace officer who shall forthwith deliver it to the district attorney whose circuit includes the county in which a seizure is made or his duly authorized agent within ten (10) days of the seizure. The term `hunting' as used in this section in reference to a vehicle or boat shall include the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part thereof, of a deer which has been unlawfully killed at night. (c) The district attorney whose circuit includes the county in which a seizure is made, within thirty (30) days after the seizure

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of any vehicle, boat, animal or firearm used in the hunting of deer at night, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two (2) consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom. If no defense or intervention shall be filed within thirty (30) days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such property was so used and that such use was with the consent, express or implied, of the owner, the property shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from such sale shall be applied: (1) To the payment of proper costs and expenses including expenses incurred in the seizure; (2) To the payment of the cost of the court and its officers; (3) To the payment of any cost incurred in the storage, advertisement, maintenance or care of such property, and (4) The remainder shall be paid into the State treasury. Provided, however, that the Attorney General may, upon the request of the Commissioner, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property. (d) Where the owner or lessee of any property seized for purpose of condemnation shall abscond or conceal himself so that

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actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as hereinbefore provided in the case of an unknown owner or lessee. (e) All proceedings against any vehicle, boat, animal or firearm, for the purpose of condemnation, shall be proceedings in rem against the property and the property shall be described only in general terms. It shall be no ground for defense that the person who had the property in possession at the time of its use and seizure has not been convicted or acquitted of any criminal proceedings resulting from or arising out of such use. It is the intent and purpose of the procedure provided by this section to provide a civil remedy for the condemnation and sale of property used in violation of the provisions of this Title in the hunting of deer at night notwithstanding the conviction or acquittal of the person having possession or custody of the property at the time of its seizure. The conviction or acquittal of any such person shall not be admissible as evidence in any proceeding hereunder. (f) Any party at interest may appear, by answer under oath, and make his defense. The owner, lessee, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, connivance or consent, expressed or implied, by such owner, lessee or lienholder. The holder of any bona fide lien on the property shall be protected to the full extent of his lien; provided, however, that nothing contained herein shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by him. (g) The court to whom any such petition for condemnation may be referred may in its discretion allow any party at interest to give bond and take possession of the vehicle seized, the court to determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond, the amount of the bond to be determined also by the court. The enforcement of any bond so given shall be regulated by the general law applicable to such cases. (h) The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceeding

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by permitting the value of the vehicle to be paid into court or the value of the equity therein, as determined by the court, which money when so paid in, shall be distributed as provided by law in all cases of condemnation. 45-503. Legal Weapons. It shall be unlawful to hunt wildlife with any weapon except the following: (a) Long bows and compound bows for hunting deer are permitted only during the regular hunting season and during the archery season for deer, provided that such bows have a minimum recognized pull of forty (40) pounds at twenty-eight (28) inches of draw; (b) During primitive weapon hunts long bows, compound bows, muzzle loading rifles of.44 caliber or larger with iron sights and muzzle loading shotguns of 20 gauge or larger loaded with single shot may be used; (c) Firearms for hunting deer are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (exception: no buckshot is permitted on State Wildlife Management Areas unless otherwise specified), muzzle loading rifles of.44 caliber or larger, or rifles using any center fire cartridge.22 caliber or larger (bullets must be of the expanding type), provided, however, a.218 Bee;.22 Hornet;.25-20;.256 Magnum; guns using.30 caliber Army carbine cartridges;.32-20;.32-40;.357 Magnum;.38 Special;.38-40; and.44-40 shall not be used. (d) Firearms for hunting small game, and nongame animals, or nongame birds shall be limited to shotguns with No. 4 shot or smaller shot, 22 rimfire rifles, guns using.30 caliber Army carbine cartridges, the.32-20, or any center fire rifles with bore diameter of.257 or smaller, all caliber pistols, muzzle loading firearms, long bows and compound bows. (e) Shotguns must be plugged to limit them to a capacity of not more than three (3) shells in the magazine and chamber combined. The plug must be of one piece, incapable of being removed through the loading end of the magazine, and (f) The use of cross bows for hunting within this State is prohibited.

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(g) There shall be no restrictions on weapons used to hunt turkey. 45-504. Legal Weapons for Certain Animals. It shall be unlawful to hunt coyotes, armadillos and feral hogs with any weapon except those specified in section 45-503(d). 45-505. Unlawful to Possess Firearm While Hunting With Bow and Arrow. It shall be unlawful for any person to possess any type of firearm while hunting with a bow and arrow during archery season for deer. 45-506. Unlawful to Hunt While Intoxicated. It shall be unlawful for any person to hunt in this State while under the influence of any drugs, intoxicating wines, beers or liquor. A determination of whether any such person is under the influence of drugs, intoxicating liquors, beers or wines may be made in accordance with Ga. Code section 68A-902.1. 45-507. Use of Pitfalls, Snares Prohibited. It shall be unlawful for any person to make use of any pitfall, deadfall, catch, snare, trap, net, salt lick, blind pig, baited hook, or other device for the purpose of taking any game animal or game bird or any other wildlife protected by the wildlife laws, rules and regulations. 45-508. Baiting Fields and Shooting Over Baited Land Prohibited. (a) It shall be unlawful for any person to place, expose, deposit, distribute or scatter any corn, wheat, or other grains, salts, apples or other feeds or bait so as to constitute a lure or attraction or enticement for any game bird or game animal on or over any area where hunters are or will be hunting. (b) Except as otherwise provided by law or regulation, it shall be unlawful for any person to hunt any game bird or game animal upon, over, around or near any place where any such feed or bait has been placed, exposed, deposited, distributed or scattered so as to constitute a lure, attraction or enticement to such birds or animals and it shall also be unlawful to hunt any game animal or game bird upon, over, around or near any such place for a period of ten (10) days following the complete removal of all such feed or bait.

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45-509. Taking Game on or Discharging Weapon Across a Public Road. It shall be unlawful for any person to hunt, with or without dogs, any wildlife upon any public road in this State. It shall also be unlawful for any person while hunting to discharge any weapon across any public road in this State. 45-510. Use of Drugs, Poisons, Chemicals, Smoke, Gas, Explosives, Recorded Sounds or Calls and Electronic Communication, Equipment Prohibited. It shall be unlawful to hunt any game animal or game bird by means of drugs, poisons, chemicals, smoke, gas, explosives or recorded calls or sounds, or recorded or electronically amplified sounds or imitation of calls or sounds. It shall also be unlawful to use electronic communications equipment for the purpose of facilitating pursuit of any game species. 45-511. Killing of Birds and Animals from Boats, Sail Boats, Aircraft and Motor Vehicles Prohibited. It shall be unlawful to hunt any game bird, game animal or furbearing animal from an electric, gas or steam boat, a sail boat, an airplane, or a hydroplane while such boat or plane is being propelled by such motor or sail. It shall also be unlawful to hunt any game animal, game bird or furbearing animal from an automobile or other motor vehicle while such vehicle is in motion. 45-512. Unlawful to Kill or Cripple Game Bird or Game Animal Without Reasonable Effort to Retrieve. It shall be unlawful for any person to kill or cripple any game bird or game animal without making a reasonable effort to retrieve the same. 45-513. Seasons and Bag Limits. (a) It shall be unlawful to hunt the following game species at any time during the periods set forth below: Game Species Closed Season (1) Quail March 1 - Nov. 18 (2) Grouse March 1 - Oct. 14 (3) Turkey (A) Gobblers May 6 - March 14 (B) Hens all year (4) Deer Jan. 16 - Sept. 30 (5) Bobcat March 1 - Oct. 14 (6) Opossum March 1 - Oct. 14, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin and Hart counties (7) Rabbit March 1 - Nov. 18 (8) Raccoon March 1 - Oct. 14, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Wilkes and Lincoln counties (9) Squirrel March 1 - Sept. 14 (10) Bear all year (11) Sea Turtles and their eggs all year (12) Cougar (Felis concolor) all year (13) Alligators all year (14) Migratory game birds March 11 - Aug. 31

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(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the Board as open seasons and bag limits for such speices. Game Species Maximum Open Season Maximum Daily Bag Limits Season (1) Quail Nov. 19 - Feb. 29 12 No limit (2) Grouse Oct. 15 - Feb. 29 3 No limit (3) Turkey gobblers March 15 - May 5 2 2 (4) Deer Oct. 1 - Jan. 15 2 2 (5) Bobcat Oct. 15 - Feb. 29 No Limit No limit (6) Opossum (A) Oct. 15 - Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin and Hart; and (B) Jan. 1 - Dec. 31 for the remainder of the State No limit No limit (7) Rabbit Nov. 19 - Feb. 29 10 No limit (8) Raccoon (A) Oct. 15 - Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Wilkes and Lincoln; and (B) Jan. 1 - Dec. 31 for the remainder of the State 1 No limit No limit No limit (9) Squirrel Sept. 15 - Feb. 29 10 No limit (10) Fox Jan. 1 - Dec. 31 No limit No limit (11) Migratory game birds Sept. 1 - March 10

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(c) In accordance with subsection (b) of this section, and as may be appropriate based on sound wildlife management principles, the Board is hereby authorized to promulgate rules and regulations establishing open seasons on a Statewide, regional or local basis, and establishing daily and season bag limits. (d) In accordance with subsection (b) of this section, and in accordance with the framework of open hunting season dates for migratory game birds established by the U. S. Fish and Wildlife Service, and as may be appropriate based on sound wildlife management principles, the Board is authorized to promulgate rules and regulations establishing methods of taking, daily and season bag limits and open seasons for migratory game birds on a Statewide, regional or local basis. The Board is hereby specifically authorized to promulgate such rules and regulations without complying with the provisions of an Act known as the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended, and all rules and regulations promulgated by the Board pursuant to this subsection shall be effective immediately upon adoption by the Board.

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45-514. Training Hunting Dogs . (a) It shall be unlawful for any person to have in his possession any firearms, axes, climbers or other equipment for taking game while training hunting dogs; provided, however, that hand guns with blank or solid ball ammunition may be used for training hunting dogs. (b) There is no closed season for training hunting dogs, except as otherwise provided. (c) It shall be unlawful to run deer with dogs, except during the lawful open season for hunting deer with dogs. (d) It shall be unlawful to take game by any means while training hunting dogs, except during the lawful open seasons for such game. 45-515. Hunting Deer With Dogs . (a) It shall be unlawful to hunt deer with dogs except during such special open seasons for the hunting of deer with dogs as may be designated by the Board on a Statewide, regional or local basis. (b) In accordance with subsection (a) of this section, the Board is hereby authorized to promulgate rules and regulations establishing an open season for the hunting of deer with dogs as may be appropriate based on sound wildlife management principles. 45-516. Hunting Foxes With Dogs Permitted; Permission of Landowner Necessary . It shall be lawful to hunt foxes with dogs; provided, however, that no hunter shall go upon the lands of another without the permission of the owner or the lessee of such land, or the lessee of the game rights of such land. 45-517. Clothing While Deer Hunting . It shall be unlawful for any person to hunt deer, or for any person to accompany another person hunting deer, during the firearms deer season unless each such person shall wear at least a total of five hundred (500) square inches of daylight fluorescent orange material as an outer garment. Said clothing must be worn above the waistline and may include a head covering.

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45-518. Persons Under Sixteen Years of Age Prohibited from Hunting Deer . It shall be unlawful for any person who is under sixteen (16) years of age to hunt deer in this State unless such person is under the direct supervision of an adult during the period in which he is hunting. 45-519. Unlawful to Take Deer in a Lake, Stream, or Pond . It shall be unlawful to take any deer by any means while such deer is in any lake, stream or pond. 45-520. Unlawful to Remove the Head of a Deer . It shall be unlawful to remove the head of any deer until such time as the carcass is processed or surrendered to a storage facility for processing or storage. 45-521. Deer to Have Antlers . It shall be unlawful to kill any deer in this State unless such deer has antlers (bone) visible above the hair, provided, however, that the Board may by regulation authorize an antlerless or either sex season or hunt in accordance with sound wildlife management practices. 45-522. Report of Taking Deer . It shall be unlawful for any person taking a deer in this State to fail to report that fact to the Department within five (5) days after the close of the season. 45-523. Tagging Deer . (a) It shall be unlawful for any person killing a deer to remove the carcass from the place of killing until such person detaches from his license the appropriate tag and attaches such tag to the carcass. Said tag shall be properly filled out and shall remain on the deer at all times until it has been processed for consumption. It shall be unlawful for any person to have possession of a deer that is not properly tagged. Any deer found not properly tagged shall be confiscated. (b) It shall be unlawful to transfer or reuse a deer tag. (c) It shall be unlawful for any private or commercial cold storage plant, processing plant, or carrier to accept for storage, processing, shipment or for any other purpose, a deer which has not been properly tagged. Any deer not properly tagged when found at any place or in the possession of any person shall be confiscated, and the person in possession thereof shall be guilty of a misdemeanor.

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45-524. Killing of Dogs Running Deer Outside Prescribed Locality; Freedom from Liability . Any person may, and it shall be the duty of every conservation ranger to kill any dog pursuing or killing deer in any locality other than that prescribed by law or rules and regulations permitting such hunting, and no action for damages shall be maintained against the person for such killing. 45-525. Accidental Killing of Deer by Motorist; Disposal of Carcass . Any person who, while driving a motor vehicle, is involved in a collision with a deer shall, if the deer is killed, immediately notify the nearest conservation ranger or sheriff's office. If there exists a charitable institution or prison within the county which can make use of the carcass, the conservation ranger may deliver the carcass to such institution for consumption and shall obtain receipts therefor. If no such institution exists within the county and there is no cause to question the accidental killing of the deer, the conservation ranger may, at his discretion, award the carcass to the person who hit the deer to be possessed and consumed only by the immediate family of such person. Receipts shall be acquired for a deer so awarded. 45-526. Lawful to Sell Antlers, Hides and Tails of Deer and Tails of Squirrels . Notwithstanding any other provision of this Title to the contrary, it shall be lawful to sell the antlers, hides and tails of legally taken deer and tails of legally taken squirrels. 45-527. Hunting or Taking Alligators and Selling Alligator Products Regulated . (a) It shall be unlawful for any person to hunt alligators within this State. Displaying or use of a light in a place where alligators might be known to inhabit and in a manner capable of disclosing the presence of alligators, together with the possession of firearms, spear guns, gigs, harpoons or other such equipment customarily used for the taking of alligators, during the period between one-half hour after sunset and one-half hour before sunrise shall be considered prima facie evidence of an intent to violate the provisions of this subsection. (b) Any equipment including, but not limited to, weapons, vehicles, boats and lines, used in hunting alligators in violation of subsection (a) is hereby declared to be contraband and forfeited to the State and shall be confiscated and seized by any peace officer who shall forthwith deliver it to the Commissioner or his duly

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authorized agent within ten (10) days of the seizure. Said contraband shall be disposed of by the Commissioner in the same manner and under the same provisions used for the disposal of contraband used in hunting deer at night, as provided in section 45-502. (c) It shall be unlawful for any person to possess, buy, or sell any untanned alligator hide or skin or alligator product in this State. All such hides snd skins are declared to be contraband and shall be seized and disposed of as directed by the Commissioner. Possession of such untanned hides or skins or alligator products in a store, warehouse or retail place of business shall be prima facie evidence of violation of this subsection. Provided, however, the provisions of this subsection shall not apply to alligator products made from hides produced on farms licensed under this Title, nor shall any provision of this subsection be construed so as to prohibit the preparation, processing or manufacturing of such commercially grown alligator hides or the storage or sale of products made therefrom. (d) It shall be unlawful to possess or transport into this State any untanned alligator hide or skin from any place in which the taking of such alligators is prohibited. All such hides and skins are hereby declared to be contraband and shall be seized and disposed of in accordance with the provisions of section 45-208. Notwithstanding any other provision to the contrary, it shall be lawful to possess and transport into this State any untanned alligator hide or skin which was lawfully taken and transported and which is accompanied by a bill of sale, bill of lading or invoice. 45-528. Rabbits and Hares; Hunting Season, Persons Raising Rabbits . It shall be unlawful for any person to take rabbits or hares in this State except during the lawful hunting season as prescribed by law or rules and regulations; provided, however, that minors under sixteen (16) years of age may at any time trap or capture rabbits or hares by use of rabbit boxes or similar traps. Provided, however, the prohibitions of this section shall not apply to domestic rabbits. 45-529. Killing of Bears by Owners of Beehives . 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

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that prior written permission to kill such bear has been obtained by the owner of the beehive from the landowner and the beehive owner has equipped the beehive with a fully operative electric fence or other protective device approved by the Department. Provided, 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, and provided that the nearest office of the Game and Fish Division of the Department shall have been first given two hours' prior notice by the owner of the beehive or his agent before said tracking shall commence. 45-530. Protection of Birds, Nests and Eggs. It shall be unlawful for any person to hunt, trap, take, possess, sell, purchase, ship or transport any hawk, eagle, owl or any other bird or any part, nest or egg thereof except for the English or European house sparrow, the European starling, feral pigeons, domestic fowl and except as otherwise permitted by the game and fish laws of this State. Provided, however, that any person may transport into this State feathers of birds, other than migratory game birds, for millinery purposes. Chapter 45-6 TRAPPING 45-601. Trapping Unlawful Except Furbearers During Certain Periods. (a) Except as otherwise specifically provided, it shall be unlawful to trap any wildlife in this State between March 1 and November 19 of each year. (b) Except as otherwise specifically provided, it shall be unlawful to trap any wildlife during the period between November 20 and February 29, except that it shall not be unlawful to trap a furbearing animal during such period or portion thereof as may be designated by the Board as an open trapping season for such furbearing animal. (c) In accordance with subsection (b) of this section, and as may be appropriate in accordance with sound wildlife management principles, the Board is hereby authorized to promulgate

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rules and regulations establishing open seasons for the trapping of furbearing animals on a Statewide, regional or local basis. (d) Notwithstanding subsection (a) or (b) of this section, it shall be lawful to trap beaver at any time during the year. It shall also be lawful for any person to set steel traps within two hundred (200) yards of the residence or dwelling of any such person for the protection of livestock, poultry, or other fowl or domestic animals from any predatory bird or animal. (e) Notwithstanding subsection (a) or (b) of this section, it shall be unlawful to trap raccoons in that area north of and including Carroll, Fulton, DeKalb, Gwinnett, Barrow, Jackson, Madison and Elbert counties at any time during the year, and it shall be lawful to trap raccoons at any time during the year in any area of the State south of said area. 45-602. Traps to be Stamped, Confiscation of Traps not so Stamped. It shall be unlawful to trap any wildlife, unless such trap has been stamped with the owner's name in such a manner that such name shall be legible at all times. Any trap or traps found that are not stamped as required herein may be confiscated and destroyed by the Department, its officers, and conservation rangers. 45-603. Trapping Upon Lands of Another Without Consent of Owner Unlawful. It shall be unlawful for any person to set, place or bait any trap for the purpose of taking any wildlife upon the land or in the waters adjoining the land of any other person, except during the open trapping season for such wildlife, and then only after obtaining the written consent of the owner of such land, which written consent shall be carried upon his person while engaged in trapping. 45-604. Confiscation of Trapping Equipment Illegally Used. It shall be the duty of conservation rangers to confiscate any trap, pitfall, deadfall, scaffold, catch, snare, net, salt lick, blind pig, baited hook, or other similar device used in violation of the wildlife laws, rules and regulations, and to dispose of same as may be directed by the Commissioner.

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45-605. Traps to be Inspected Each 36 Hours. It shall be unlawful to trap in this State unless all traps are inspected each 36 hours and anything caught therein removed. 45-606. Killing Mink or Otter With Firearms Prohibited; Sale or Possession of Pelts of Animals so Killed; Exceptions. It shall be unlawful to use any kind of firearm to kill or injure mink or otter or to possess or sell any mink or otter or the pelts thereof killed by any kind of firearm. Provided, however, that nothing herein shall prevent a person from killing any such animal while it is destroying or damaging, or about to destroy or damage, such person's crops, domestic fowl or other personal property. 45-607. Trapping Rabbits on Own Premises. Notwithstanding any other provision of this Title to the contrary, it shall be permissible for any person, his family and tenants to trap rabbits upon the premises of such person, by employing a device or device commonly called rabbit boxes. No permit or license shall be required before engaging in such activities; provided, however, that nothing contained herein shall be construed to authorize a person to trap a rabbit out of the season provided by law or rule or regulation for hunting rabbits in this State. 45-608. Remove Wildlife from Trap of Another. It shall be unlawful for any person to take, possess, or remove from any legally set trap, any lawfully trapped wildlife without the permission of the owner of such trap. Chapter 45-7 GENERAL PROVISIONS RELATING TO FISHING 45-701. Unlawful to Fish on Lands of Another Without Permission; Fishing in Saltwater Creeks, Streams or Estuaries Excepted. It shall be unlawful for any person to fish in the waters or from upon the lands of another without first having obtained permission from the landowner or person in charge of said lands. Provided, however, that nothing contained in this section shall be construed to apply to the fishing or taking of fish, other than oysters, clams and other shellfish, in any of the saltwater creeks, streams or estuaries leading from the Atlantic Ocean, sounds or

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rivers or bays of this State surrounding the several islands of this State. It shall also be unlawful for any person to obstruct or interfere with the right of any other person to fish in these saltwater creeks, streams, or estuaries leading from the Atlantic Ocean, sounds or rivers or bays of this State surrounding the several islands of this State. Conservation rangers, sheriffs and deputy sheriffs, and all other peace officers of this State, any county or municipality thereof shall enforce the provisions of this section. 45-702. Throwing Deleterious Substances into Water Being Utilized by the Department for Fish Propagation, Damages. (a) It shall be unlawful for any person to throw, dump, drain or allow to pass into the waters of this State, belonging to or being utilized by the Department for fish propagation, any sawdust, dyestuff, oil, chemicals or any other deleterious substances that will or may tend to injure, destroy, or drive away from such waters, any fish or aquatic organisms which may inhabit such water. (b) The State, through the Department, may recover damages in a civil action against any person who unlawfully or negligently injures or destroys any fish or aquatic organism in any waters belonging to or being utilized by the Department for fish propagation. The measure of damages in such action shall be the amount which will compensate for all the detriment proximately caused by the destruction or injury of such fish or aquatic organism. 45-703. Owner of Private Pond Authorized to Fish Therein Without License; License Necessary for Others. The owner of a private pond, his family or tenants with the owner's consent, shall be permitted to fish within the bounds of said pond at any time and in any manner, without a fishing license; provided, however, that all other persons shall be required to obtain fishing licenses therefore as provided in this Title. 45-704. Control of Shellfish in Tidal Streams or Estuaries by Owners of Realty of Both Sides, Penalty for Trespass by Others; Exceptions. Any person owning the real property on both sides of a tidal stream or estuary for its entire length shall have the exclusive right to take the shellfish from such stream or estuary. Where the real property on both sides of a tidal stream or estuary is owned by two or more persons, then the exclusive right to take

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the shellfish from such stream or estuary may be exercised jointly by such persons, provided that such person or persons shall post on either side of the entrance of such stream or estuary a sign not less than six inches (6[UNK]) in height, reading `POSTED, NO TAKING OF SHELLFISH.' It shall be unlawful for any person to take any shellfish from any such tidal stream or estuary after the same has been so posted; provided, however, this prohibition shall not apply to persons fin fishing. No such owner shall be permitted to construct barricades or other obstacles across such stream or estuary to prevent ingress or egress to or from such stream or estuary. 45-705. Unlawful to Fish Except by Certain Methods. It shall be unlawful to fish for game fish, except American shad, hickory shad, flathead catfish and channel catfish, by any means other than a pole and line. Except as otherwise provided, it shall be unlawful to take any fish in the fresh waters of this State by any method other than a pole and line, sport trot lines in accordance with section 45-706 of this Title, set hooks, jugs, and bow and arrow in accordance with section 45-709, spears in accordance with section 45-707, bow nets as provided in section 45-720, seines in accordance with section 45-708, and as authorized in section 45-803 with regard to commercial freshwater fishing. Provided, however, dip nets may be used to take threadfin and gizzard shad for bait and landing nets may be used to land fish legally caught. 45-706. Sport Trot Lines. Sport trot lines must be marked with the owner's name and address and with visible buoys and must be submerged at least three feet (3[UNK]) below the surface of the water. Such trot lines must be attended regularly and removed after the completed fishing trip. Unmarked or unattended lines will be confiscated by personnel of the Department. As used herein, `sport trot lines' shall mean one line or a combination of lines using less than fifty-one (51) hooks. 45-707. Spearing of Fish; License in Addition to Regular Fishing License. It shall be unlawful to spear fish in this State except that nongame fish may be speared solely for the purpose of sport, in the fresh waters of this State, provided the person engaged in the act of spearing is completely submerged. `Spearing as used herein, shall be limited to the use of a spear or

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similar instrument that is held in the hand of the person using the same and the use of a weapon other than a firearm, which propels or forces a projectile or similar device therefrom, to which a wire, rope, line, cord, or other means of recovering the projectile or similar device, is attached and secured to the weapon or the person using the weapon. Each person engaged in the spearing of nongame fish shall, in addition to a sport fishing license, have a spear fishing license as provided in section 45-303. 45-708. Minnow Seines. It shall be unlawful to take any game fish or American eels by minnow seines from the fresh waters of this State. It shall also be unlawful to take any nongame fish by minnow seines from any of the fresh waters of this State, except where such fish are five inches (5[UNK]) in length or less and are not to be sold or otherwise used for commercial purposes, and except where such waters are not trout waters as designated in section 45-717 and section 45-718. It shall also be unlawful to use a seine which is longer than twenty feet (20[UNK]) in length or which has a mesh larger than three-eights of an inch (3/8[UNK]) square or in diameter if the mesh is not square. All game fish and American eels taken in such seines shall be immediately released unharmed into the waters from which they were taken. 45-709. Fishing with Bow and Arrow. (a) It shall be unlawful to take nongame fish from the waters of this State by means of bow and arrow except under the following conditions: (1) Each person using such bow and arrow shall have on his person a valid State sport fishing license. (2) All arrows used pursuant to this section must be equipped with barbs or contain devices on the point to act as a harpoon for recovering fish and must be attached to the person or bow by a rope, line or cord sufficient for recovering the arrow and nongame fish. (3) Arrows with poisonous or exploding heads are illegal. (4) It shall be unlawful to discharge arrows into waters nearer than 150 feet to anyone engaged in any other means of recreation.

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(5) Legal hours for the taking of fish by bow and arrow shall be from sunup to sundown. (b) Any game fish in the possession of a person fishing with a bow and arrow shall be prima facie evidence of taking and possessing fish illegally. 45-710. Possession of Nets or other Devices for Taking Shad During Closed Season as Evidence of Violation. The possession or the having in any boat in or upon the waters of this State, nets or other devices capable of taking shad during such time as laws or regulations prohibit the taking of such fish, shall be prima facie evidence that the person having such nets or equipment in his possession is guilty of taking shad in violation of the wildlife laws, rules and regulations. 45-711. Unlawful to Use Electrical Devices, Explosives, Poisons or Firearms to Take Fish. It shall be unlawful for any person to use any firearm, battery, generator or other similar device, or any dynamite, explosives or destructive substances, including poisons, walnut hulls, and lime, for the purpose of catching, killing, taking or harming fish. The possession of any of the foregoing devices or substances, except firearms, in any boat on the fresh waters of this State shall be deemed prima facie evidence of guilt under this section; provided, however, this provision shall not apply to batteries used to operate motors or lights. 45-712. Use of Gill Nets in Fresh or Salt Waters Prohibited; Exception; Seizure of Illegal Nets. Except as otherwise provided by law or rule and regulation, it shall be unlawful for any person to use a gill net in any of the fresh or salt waters of this State at any time, provided, however, that it shall be lawful for properly licensed fishermen to use such nets in the taking of shad and sturgeon in accordance with section 45-805, section 45-803 (c) and with all other laws and rules and regulations applicable to the taking of such fish. All nets violative of this section found in the fresh or salt waters of this State, or in the possession of any person on or around fresh or salt water shall be seized by conservation rangers and other peace officers of this State. Nets so seized shall be confiscated and shall become the property of the Department and disposed of as the Commissioner shall direct.

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45-713. Possession Limits. It shall be unlawful to possess at any one time, more than: (a) Ten (10) of any one, or a combination of the following species: largemouth bass, smallmouth bass, shoal bass, Suwannee bass; spotted bass or Kentucky bass; and redeye or Coosa bass. (b) Eight (8) of any one, or a combination of, the following species: rainbow trout; brook trout; and brown trout. (c) Thirty (30) white bass. (d) Six (6) of any one, or a combination of, the following species: striped bass or rock fish, and striped-white bass hybrid. (e) Fifty (50) of any one, or a combination of, the game species of bream or sunfish. (f) Eight (8) walleye (walleyed pike). (g) Eight (8) sauger. (h) Two (2) muskellunge. (i) Fifteen (15) of any one, or a combination of, the following species of pickerel: chain; grass; and redfin. (j) Fifty (50) of any one, or a combination of, the following species: black crappie and white crappie. (k) Eight (8) of any one, or a combination of, the following species: American shad and hickory shad. (l) A total of fifty (50) of all of the species named in this section. 45-714. Size Limits. (a) It shall be unlawful to take or have in possession from any of the waters of this State any largemouth bass less than twelve inches (12[UNK]) in length. (b) It shall be unlawful to take or possess any shoal bass (Flint River smallmouth bass) less than twelve inches (12[UNK]) in length from the Flint River or any of its tributary streams.

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(c) It shall be unlawful to take or have in possession any species of mountain trout between December 1 and the last Saturday of March of the following year which is less than fourteen inches (14[UNK]) in length and which was taken from Lakes Lanier, Hartwell, Clark Hill, Burton, Rabun, Seed, Tallulah Falls, Blue Ridge or from any tributary to said lakes for a distance of three (3) miles upstream. (d) It shall be unlawful to take or have in possession any brook trout less than eighteen inches (18[UNK]) in length or any rainbow or brown trout less than twenty-two inches (22[UNK]) in length taken from Waters Creek upstream from its junction with Dick's Creek. (e) It shall be unlawful to take or have in possession any mountain trout less than sixteen inches (16[UNK]) in length taken from Noontootla Creek on the Blue Ridge management area. (f) It shall be unlawful to take or have in possession any rainbow or brown trout less than ten inches (10[UNK]) or any brook trout less than eight inches (8[UNK]) in length taken from the Coleman River or its tributaries upstream from the junction of said river with the Tallulah River. (g) It shall be unlawful to take or possess any mountain trout less than eight inches (8[UNK]) in length from the Chattahoochee River between Buford Dam and Old Jones Bridge. 45-715. Manner of Trout Fishing. (a) It shall be unlawful to fish for trout in any of the fresh waters of this State by any means other than using one pole and line held in hand. (b) It shall be unlawful to use live fish for bait in any waters designated in section 45-717 or section 45-718. (c) It shall be unlawful to move trout from any of the fresh waters of this State to any other fresh waters of this State, except that authorized agents of the Department may move trout as necessary for purposes of fisheries management, conservation and restoration. 45-716. Hours for Trout Fishing. (a) It shall be unlawful to fish in the trout waters designated in section 45-718 except between

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thirty (30) minutes before sunrise and thirty (30) minutes after sunset, except that Waters Creek upstream from its junction with Dick's Creek shall be closed to fishing at 6:30 p.m. EST (7:30 p.m. EDT). (b) It shall be unlawful to fish between 30 minutes after sunset and 30 minutes before sunrise in Edmundson Pond, Dockery Lake and Rock Creek Lake. Fishing during such time is permitted in all other impoundments. (c) Those streams designated as trout streams without seasons in section 45-717 shall be open for fishing twenty-four (24) hours a day. 45-717. Trout Streams Without Seasons. The following streams are trout streams which shall be open for trout fishing throughout the year: (a) Brasstown Creekentire length downstream of U. S. Highway 76 bridge and all tributaries below bridge (Towns-Union Counties); (b) Cartecay Riverentire length downstream of Ga. Highway 52 bridge; (c) Chattahoochee River (Lower Section) from Roswell Bridge (U. S. Highway 19-Fulton County) downstream to I-285 West Bridge (lower or most southerly crossing); (d) Chattahoochee River (Upper Section) from Nora Mills (Ga. Highway 17-White County) downstream to Ga. Highway 115 bridge; (e) Chattooga Riverentire length between Georgia and South Carolina, (f) Chattooga River, West Fork, entire length; (g) Chestatee River from Tate Bridge (first bridge below Turner's Corner - Lumpkin County) downstream to Route S976 bridge;

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(h) Coosa Creekentire length and all tributaries (Union County); (i) Coosawattee River from confluence of Cartecay River and Ellijay River downstream to Ga. Highway 225 bridge; (j) Ellijay Riverentire length downstream of mouth of Kells Creek (Gilmer County); (k) Etowah River from Jay Bridge downstream to Castleberry Bridge (Lumpkin County); (l) Fightingtown Creekentire length downstream of Ga. Highway 2 bridge (Fannin County); (m) Hiawassee Riverentire length below Brown Bridge (second bridge above U. S. Highway 76 on Ga. Highway 75 - Towns County); (n) Hightower Creekentire length downstream of U. S. Highway 76 bridge (Towns County); (o) Ivylog Creekentire length and all tributaries (Union County); (p) Little Tennessee River from U. S. Highway 23-441 bridge downstream to North Carolina State Line; (q) Mountaintown Creekentire length downstream of U. S. Highway 76 bridge (Gilmer County); (r) Nottely River from U. S. Highway 129-19 bridge to Nottely Reservoir (Union County); (s) Overflow Creekentire length in Georgia and all tributaries; (t) Panther Creekentire length downstream from mouth of Little Panther Creek (Stephens County); (u) Sautee Creekentire length downstream of Ga. Highway 225 Alt. bridge (White County);

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(v) Savannah River from Hartwell Dam to a point ten (10) miles downstream; (w) Soque River from Kings Bridge (Ga. Highway 197 below mouth of Shoal Creek) downstream to mouth of Deep Creek (Habersham County); (x) Tallulah Riverentire length downstream of Lake Burton Dam (Rabun County); (y) Toccoa Riverentire length (Fannin and Union Counties). Does not include tributaries; and (z) Youngcane Creekentire length and all tributaries (Union County). 45-718. Trout Waters With Seasons. The following waters and all streams within the following watersheds are hereby designated as trout waters with seasons. It shall be unlawful to fish in any of the following trout waters except from the last Saturday in March each year through the 31st of October of each year: (a) All streams in Fannin County, except those listed in section 45-717. (b) All streams in Towns County, except those listed in section 45-717. (c) All streams in Union County, except those listed in section 45-717. (d) All streams in Rabun County, except those listed in section 45-717. (e) All streams in Gilmer County, except those listed in section 45-717. (f) Stephens and Habershsm Counties (Savannah River Drainage): (1) Panther Creek watershed above mouth of Little Panther Creek;

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(2) Little Toccoa Creek watershed; (3) Toccoa Creek watershed above Barnes Lake; (4) Middle Fork Broad River watershed above SCS flood control structure #44; (5) Nancytown Creek watershed; (6) North Fork Broad River watershed upstream from SCS flood control structure #1; and (7) Leatherwood Creek watershed upstream from State Route 184 bridge; (g) White and Habersham Counties (Chattahoochee River Drainage): (1) Chattahoochee River watershed above Nora Mills (Ga. Highway 17); (2) Soque River watershed above Kings Bridge (Ga. Highway 197 bridge below mouth of Shoal Creek); (3) Deep Creek watershed upstream from SCS flood control structure #34; (4) Robert's Branch watershed upstream from SCS flood control structure #34; (5) Liberty Creek watershed upstream from SCS flood control structure #29; (6) Dukes Creek watershed; (7) Sautee Creek watershed upstream of Ga. Highway 255 Alt. bridge; (8) Chickamauga Creek watershed; (9) Bean Creek watershed;

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(10) Carr Creek watershed; and (11) Mauldin Mill Creek watershed. (h) White and Lumpkin Counties (Chestatee River Drainage): (1) Little Tesnatee Creek watershed above mouth of Turner Creek; (2) Turner Creek watershed; (3) Chestatee River watershed above Tate Bridge (first bridge above Turner's Corner); (4) Moose Creek watershed; (5) Pruitt Creek watershed; (6) Cavenders Creek watershed; (7) Yahoola Creek watershed above U. S. Highway 19; (8) Cane Creek watershed above U. S. Route 19 bridge; (9) Clay Creek watershed; and (10) Ward Creek watershed. (i) Lumpkin, Dawson, Pickens Counties (Etowah River Drainage): (1) Etowah River watershed above Jay Bridge; (2) Amicalola Creek watershed above mouth of Cochran Creek; (3) Cochran Creek watershed above Ga. Highway 52 bridge; (4) Tobacco Pouch Branch watershed; (5) Sweetwater Creek watershed;

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(6) Gab Creek watershed; (7) Long Swamp Creek watershed; (8) Camp Creek watershed; (9) Shoal Creek watershed above mouth of Burt Creek; and (10) Hinton Creek watershed above mouth of Champion Creek. (j) Forsyth, Gwinnett and Fulton Counties (Chattahoochee River Drainage): Chattahoochee River from Buford Dam to Roswell Bridge (U. S. Highway 19-Fulton County) (k) Gordon County: (1) Salacoa Creek watershed upstream of U. S. 411; (2) Pin Hook Creek watershed upstream of U. S. 411; (3) Pine Log Creek watershed upstream of Ga. 53; (4) Snake Creek watershed upstream of SR 2302; and (5) Rock Creek watershed upstream of West Union Road. (l) Pickens County: (1) Talona Creek watershed upstream of Carns Mill; and (2) Rock Creek watershed upstream of Pickens County line. (m) Cherokee County: (1) Lost Town Creek watershed upstream of Shoal Creek. (n) Bartow County: (1) Euharlee Creek watershed upstream of Jones Branch (near Stilesboro);

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(2) Connesena Creek watershed upstream of Ga. 20; and (3) Raccoon Creek watershed upstream of Ga. 113. (o) Paulding County: (1) Pumpkinvine Creek watershed upstream of Ga. 61; (2) Possum Creek watershed upstream of Pumpkinvine Creek; (3) Thomasson Creek watershed upstream of Paulding County line; and (4) Powden Creek watershed upstream of Paulding County line. (p) Haralson County: (1) Tallapoosa River watershed upstream of U.S. 27; (2) Beach Creek watershed; (3) Walker Creek watershed; (4) Little Creek watershed; (5) Big Creek watershed; (6) Mann Creek watershed; (7) Flat Wood Creek watershed; and (8) Little River watershed upstream of Ga. 120. (q) Polk County: (1) Pumpkin Pile Creek watershed upstream of Johnson Lake Road. (r) Floyd County: (1) Little Cedar Creek watershed upstream of Ga. 53;

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(2) Mud Creek watershed upstream of Alabama State Line; (3) Dykes Creek watershed upstream of Ga. 20; (4) King Creek watershed upstream of Ga. 20; (5) Heath Creek watershed upstream of Texas Valley Road; (6) Lavendar Creek watershed upstream of Texas Valley Road, and (7) Johns Creek watershed upstream of Culpepper Road. (s) Chattooga County: (1) Little Armuchee Creek watershed upstream of U.S. 27; (2) Ruff Creek watershed upstream of West Armuchee Creek; (3) Little River watershed upstream of Alabama State Line; (4) Allgood Branch watershed upstream of Tennessee; Alabama, and Georgia railroad; (5) Raccoon Creek watershed upstream of SR 2203; and (6) Chappel Creek watershed upstream of Ridgeway Road. (t) Walker County; (1) Furnace Creek watershed; (2) Dry Creek watershed upstream of East Armuchee Creek; (3) East Armuchee watershed upstream of Ga. 143; (4) West Armuchee watershed upstream of Walker County line; (5) Cane Creek watershed upstream of U.S. 27; (6) West Chickamauga Creek watershed upstream of Pocket Branch;

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(7) Rock Creek watershed upstream of Lulu Lake; (8) Harrisburg Creek watershed upstream of Walker County line; and (9) Coulter Branch watershed upstream of Mill Creek. (u) Dade County: (1) Lookout Creek watershed upstream of Ga. 189; (2) Sitton Gulch Creek watershed upstream of Lookout Creek; (3) Cole City Creek watershed upstream of Tennessee State Line; (4) Murphy Hollow Creek watershed upstream of Tennessee State Line; and (5) Higdon Creek watershed upstream of Alabama State Line. (v) Catoosa County: (1) Hurricane Creek watershed; and (2) Tiger Creek watershed upstream of SR 1286. (w) Whitfield County: (1) Swamp Creek watershed upstream of Southern Railroad; (2) East Chickamauga Creek watershed upstream of Ga. 201; and (3) Coahulla Creek watershed upstream of Mills Creek. (x) Murray County: (1) Rock Creek watershed upstream of Dennis; (2) Conasauga-Jacks River's watershed upstream of Tennessee State Line;

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(3) Shumac Creek watershed upstream of U. S. 411; (4) Mill Creek watershed upstream of Crandall; (5) Holly Creek watershed upstream of SR 826; (6) Sugar Creek watershed upstream of U. S. 411, and (7) All tributaries to Carter's Reservoir. (y) Edmundson Pond; (z) Dockery Lake; and (aa) Rock Creek Lake. 45-719. Artificial Lure Streams. (a) It shall be unlawful to fish in any artificial lure stream except with an artificial lure, or to have any bait or lure other than artificial in possession at such streams. (b) The following streams are hereby declared to be artificial lure streams: (1) That portion of the Chattahoochee River from the Buford Dam, downstream to the Old Jones Bridge. (2) Noontootla Creek on the Blue Ridge Management Area. (3) Coleman River (Junction with Tallulah River, upstream to Forest Service Bridge No. 54). (4) Jones Creek on the Blue Ridge Management Area. (5) Mountaintown Creek above SCS Structure No. 2. (6) Stanley Creek on the Rich Mountain Wildlife Management Area. (7) Hoods Creek on the Warwoman Management Area. (8) Walnut Fork on the Warwoman Management Area.

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(c) It shall be unlawful to fish in Waters Creek from the junction of Dick's Creek upstream except with one artificial lure with a single barbless hook of number six (6) size or smaller; provided, however, a landing net less than two feet (2[UNK]) in length may be used to land fish legally taken. 45-720. Sport Shad Fishing. (a) Sport shad fishermen are restricted to two (2) poles and lines. Fishermen using more than two (2) poles and lines shall be considered to be fishing commercially and shall be subject to commercial shad laws and regulations. (b) Bow nets shall be considered sports fishing gear and shall have a minimum legal size of three and one-half inches (3 [UNK][UNK]), stretched mesh. 45-721. Atlantic States Marine Fisheries Compact. The Governor of this State is hereby authorized and directed to execute a compact on behalf of the State of Georgia with any one or more of the states of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Florida, and with such other states as may enter into the compact, legally joining therein the form substantially as follows: `ATLANTIC STATES MARINE FISHERIES COMPACT. The contracting states solemnly agree: ARTICLE I. The purpose of this compact is to promote the better utilization of the fisheries, marine, shell and anadromous, of the Atlantic seaboard by the development of a joint program for the promotion and protection of such fisheries, and by the prevention of the physical waste of the fisheries from any cause. It is not the purpose of this compact to authorize the states joining herein to limit the production of fish or fish products for the purpose of establishing or fixing the price thereof, or creating and perpetuating monopoly.

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ARTICLE II. This agreement shall become operative immediately as to those states executing it whenever any two or more of the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida have executed it in the form that is in accordance with the laws of the executing state and the Congress has given its consent. Any state contiguous with any of the aforementioned states and riparian upon waters frequented by anadromous fish, flowing into waters under the jurisdiction of any of the aforementioned states, may become a party hereto as hereinafter provided. ARTICLE III. Each state joining herein shall appoint three representatives to a commission hereby constituted and designated as the Atlantic States Marine Fisheries Commission. One shall be the executive officer of the administrative agency of such state charged with the conservation of the fisheries resources to which this compact pertains or, if there be more than one officer or agency, the official of that state named by the Governor thereof. The second shall be a member of the legislature of such state designated by the commission or committee on interstate cooperation of such state, or if there be none, or if said commission on interstate cooperation cannot constitutionally designate the said member, such legislator shall be designated by the Governor thereof; provided, that if it is constitutionally impossible to appoint a legislator as a commissioner from such state, the second member shall be appointed by the Governor of said state in his discretion. The third shall be a citizen who shall have a knowledge or an interest in the marine fisheries problem to be appointed by the Governor. This commission shall be a body corporate with the powers and duties set forth herein. ARTICLE IV. The duty of the said commission shall be to make inquiry and ascertain from time to time such methods, practice, circumstances and conditions as may be disclosed for bringing

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about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, and anadromous, of the Atlantic seaboard. The commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions to promote the preservation of those fisheries and their protection against overfishing, waste, depletion or any abuse whatsoever, and to assure a continuing yield from the fisheries resources of the aforementioned states. To that end the commission shall draft and, after consultation with the advisory committee hereinafter authorized, recommend to the governors and legislatures of the various signatory states legislation dealing with the conservation of the marine, shell and anadromous fisheries of the Atlantic seaboard. The commission shall, more than one month prior to any regular meeting of the legislature in any signatory state, present to the governor of the state its recommendations relating to enactments to be made by the legislature of this compact. The commission shall consult with and advise the pertinent administrative agencies in the states party hereto with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable. The commission shall have power to recommend to the states party hereto the stocking of the waters to such states with fish and fish eggs or joint stocking by some or all of the states party hereto and when two or more of the states shall jointly stock waters the commission shall act as the coordinating agency for such stocking. ARTICLE V. The commission shall elect from its number a chairman and a vice-chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications and compensation. Said commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place but must meet at least once a year.

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ARTICLE VI. No action shall be taken by the commission in regard to its general affairs except by the affirmative vote of a majority of the whole number of compacting states present at any meeting. No recommendation shall be made by the commission in regard to any species of fish except by the affirmative vote of a majority of the compacting states which have an interest in such species. The commission shall define what shall be an interest. ARTICLE VII. The Fish and Wildlife Service of the Department of the Interior of the Government of the United States shall act as the primary research agency of the Atlantic States Marine Fisheries Commission cooperating with the research agencies in each state for that purpose. Representatives of the said Fish and Wildlife Service shall attend the meetings of the commission. An advisory committee to be representative of the commercial fisherman and the saltwater anglers and such other interests of each state as the commission deems advisable shall be established by the commission as soon as practical for the purpose of advising the commission upon such recommendations as it may desire to make. ARTICLE VIII. When any state other than those named specifically in Article II of this compact becomes a party thereto for the purpose of conserving its anadromous fish in accordance with the provisions of Article II, the participation of such state in the action of the commission shall be limited to such species of anadromous fish. ARTICLE IX. Nothing in this compact shall be construed to limit the powers of any signatory state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any signatory state imposing additional conditions and restrictions to conserve its fisheries.

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ARTICLE X. Continued absence of representation or of any representative on the commission from any state party hereto shall be brought to the attention of the governor thereof. ARTICLE XI. The states party hereto agree to make annual appropriations to the support of the commission in proportion to the primary market value of the products of their fisheries, exclusive of cod and haddock, as recorded in the most recent published reports of the Fish and Wildlife Service of the United States Department of the Interior, provided no state shall contribute less than $200 per annum and the annual contribution of each state above the minimum shall be figured to the nearest $100. The compacting states agree to appropriate initially the annual amounts scheduled below, which amounts are calculated in the manner set forth herein, on the basis of the catch record of 1938. Subsequent budgets shall be recommended by a majority of the commission and the cost thereof allocated equitably among the states in accordance with their respective interests and submitted to the compacting states. Schedule of Initial Annual State Contributions Maine $ 700 New Hampshire 200 Massachusetts 2,300 Rhode Island 300 Connecticut 400 New York 1,300 New Jersey 800 Delaware 200 Maryland 700 Virginia 1,300 North Carolina 600 South Caolina 200 Georgia 200 Florida 1,500

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ARTICLE XII. This compact shall continue in force and remain binding upon each compacting state until renounced by it. Renunciation of this compact must be preceded by sending six months' notice in writing of intention to withdraw from the compact to the other states party hereto.' 45-722. Selection, Terms of Office, Vacancies; and Removal of Georgia Commissioners. In pursuance of Article III of said compact there shall be three members (hereinafter called commissioners) of the Atlantic States Marine Fisheries Commission (hereinafter called commission) from the State of Georgia. The first commissioner from the State of Georgia shall be the Commissioner ex officio, and the term of any such ex officio commissioner shall terminate at the time he ceased to hold said office of Commissioner and his successor as commissioner shall be his successor as Commissioner. The second commissioner from the State of Georgia shall be a legislator and member of the Commission on Interstate Cooperation of the State of Georgia ex officio, designated by said Commission on Interstate Cooperation, and the term of any such ex officio commissioner shall terminate at the time he ceases to hold said legislative office or said office as Commissioner on Interstate Cooperation and his successor as commissioner shall be named in like manner. The Governor (by and with the advice and consent of the Senate) shall appoint a citizen as a third commissioner who shall have a knowledge of and interest in the marine fisheries problem. The term of said commissioner shall be three years and he shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate) for the unexpired term. The commissioner as ex officio commissioner may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute at any meeting of or hearing by or other proceeding of the commission. The terms of each of the initial three members shall begin at the date of the appointment of the appointive commissioner, provided the said

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compact shall have then gone into effect in accordance with Article II of the compact; otherwise they shall begin upon the date upon which said compact shall become effective in accordance with said Article II. Any commissioner may be removed from office by the Governor upon charges and after a hearing. 45-723. Powers of Georgia Commissioners. There is hereby granted to the commission and the commissioners thereof all the powers provided for in the said compact and all the powers necessary or incidental to the carrying out of said compact in every particular. All officers of the State of Georgia are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of said compact in every particular: it being hereby declared to be the policy of the State of Georgia to perform and carry out the said compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in State government or administration of the State of Georgia are hereby authorized and directed at convenient times and upon request of the said commission to furnish the said commission with information and data possessed by them or any of them and to aid said commission by loan of personnel or other means lying within their legal rights respectively. 45-724. Powers Granted to Commission Regarded as Supplemental. Any powers herein granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of the State of Georgia or by the laws of the states of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina and Florida or by the Congress or the terms of said compact. 45-725. Commission to Keep Accurate Accounts; Recommendations for Legislative Action. The commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the Legislature of the State of Georgia on or before the tenth day of December in each year, setting forth in detail the transactions conducted by it during

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the 12 months preceding December 1 of that year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the status of the State of Georgia which may be necessary to carry out the intent and purposes of the compact between the signatory states. 45-726. Examination of Commission's Accounts by Comptroller. The Comptroller of the State of Georgia is hereby authorized and empowered from time to time to examine the accounts and books of the commission, including its receipts, disbursements and such other items referring to its financial standing as such comptroller may deem proper and to report the results of such examination to the Governor of such State. 45-727. Annual Appropriation for Commission. The sum of $200 per annum, or so much as may be necessary, is hereby appropriated, out of any moneys in the State treasury not otherwise appropriated, for the expenses of the commission created by the compact authorized by section 45-721 through section 45-727. 45-728. Reciprocal Agreement with South Carolina. (a) Description of waters covered: All channels of the Savannah River from its mouth to the confluence of the Tugaloo (Toogaloo) and Seneca rivers; the Tugaloo (Toogaloo) River from its mouth to the confluence of the Tallulah River and the Chattooga River; and Chattooga River to the point where it intersects with the 35th parallel of North latitude which is the boundary line between Georgia and North Carolina. This agreement is also applicable to the Clark Hill Reservoir, the Hartwell Reservoir, Yonah Lake, Tugaloo (Toogaloo) Lake, Stevens Creek Lake and the New Savannah Bluff Lock and Dam, but is not applicable to any tributary streams to said impoundments nor to tributary streams of the Savannah, Tugaloo (Toogaloo) and Chattooga rivers. (b) Licenses: All persons meeting the fishing license requirements of the State of Georgia or the State of South Carolina will be allowed to fish on the banks and the waters herein defined without the necessity of obtaining any other license.

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(c) Exceptions to laws and regulations: (1) The creel limits for striped bass and striped-white bass hybrids shall be ten (10) fish of each species. The creel limits for bream (all species) shall be thirty (30) fish and the creel limit for crappies shall be thirty (30) fish per day; (2) It shall be unlawful for any person to possess more than forty (40) in the aggregate of all game fish, except channel and flathead catfish. It shall be unlawful to possess more than ten (10) in the aggregate of largemouth, spotted, or Coosa bass, and more than eight (8) in the aggregate of trout. No person may possess in either state more fish than permitted by that state even though the fish may have been caught in the waters of the other state; (3) The minimum size limit on trout taken from Clark Hill and Hartwell Reservoirs shall be fourteen (14[UNK]) inches in length between December 1 and April 1 of the following year. There shall be no size limit on trout taken from these waters during the period of April 1 through November 30. A minimum size limit of twelve (12[UNK]) inches for largemouth bass shall apply at all times in all Georgia waters covered by this agreement; (4) Any person using baskets, minnow seines or trot lines for the taking of fish in the waters described above, regardless of his residency, shall comply with the laws, rules and regulations of the state containing the waters in which the gear is fished. Otherwise, this reciprocal agreement does not apply to commercial freshwater or commercial saltwater fishing, only to freshwater sport fishing; (5) No person shall have a rifle in his possession, or in a boat, in South Carolina waters; and (6) All other fishing laws and regulations of the State of Georgia shall apply in the Georgia portion of these waters. 45-729. Reciprocal Agreement with North Carolina. (a) Description of waters covered: The Chatuge Reservoir east of the dam to Elf High Bridge on the Shooting Creek Arm; to

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Macedonia Bridge on U. S. Highway 76, South of Hiawassee, Georgia, and in the lateral branches of the reservoir between these points. (b) Licenses: All persons fishing with rod and reel, hook and line or by casting in the waters of Lake Chatuge beyond the bounds of the state from which they hold a valid fishing license from the State of Georgia or the State of North Carolina shall be authorized to fish with said license only from boats not anchored to the shore or to a pier or boat dock connecting to the shore. (c) There are no exceptions to the fishing laws and regulations of the State of Georgia in the Georgia portion of the Chatuge Reservoir. The reciprocal agreement with North Carolina pertains only to reciprocity of licenses. 45-730. Reciprocal Agreement with Alabama. (a) Description of waters covered: This agreement covers the Chattahoochee River and those impoundments thereon now existing or that may exist in the future, bordered by the States of Georgia and Alabama; not including other streams and tributaries which flow into the Chattahoochee River or its impoundments. (b) Licenses: Any resident of the State of Georgia or the State of Alabama may engage in sport or commercial fishing, in any of the above described waters and on the banks of said waters if he has obtained and has in his possession while fishing the permits or licenses, or both, required by the respective State. (c) Exceptions to laws and regulations: (1) The creel limit for striped bass shall be five (5) fish per day. The creel limit for yellow perch shall be fifty (50) fish in one day. (2) The possession limit shall be the same as the limits specified in section 45-713, except that the possession limit of walleye, sauger, and jack salmon shall be twice the creel limit.

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(3) There will be no size limits on fish taken from the waters herein described, except that there will be a twelve (12) inch size limit on largemouth bass in the Georgia portion of said waters. (4) All commercials fishing gear must bear a metal or plastic tag bearing the name, address and commercial fishing license number of the owner. Between the hours of sunset and sunrise it shall be unlawful to take or attempt to take, catch or kill any species of fish by means of any commercial gear within one-half (1/2) miles below any lock or dam, or to remove or attempt to remove fish from any commercial gear or devices (snaglines and wire baskets) specified in said agreement. Wire baskets may be used only within the confines of the artificial impoundments covered by this reciprocal agreement. Snaglines and baskets may not be used in Cowikee Creek from U. S. Highway 431 upstream. (5) All other fishing laws and regulations of the State of Georgia shall apply. 45-731. Reciprocal Agreement with Florida. (a) Description of waters covered: (1) The waters of and the banks of the waters of the Saint Mary's River, not including its tributaries. (2) The waters of, and the banks of the waters of, Lake Seminole, bounded on the west by Florida State Road No. 271; on the south by the Jim Woodruff Dam; on the east by the line immediately east of the Chattahoochee Marina, also known as the Booster Club, running northwest across the reservoir to the tip of land at the junction of the Flint and Chattahoochee rivers, west of Spring Creek; and on the north by the Herman Talmadge Bridge across the Chattahoochee River. (b) Licenses: (1) Any person who has obtained, and has in his possession while fishing, the properly issued permits or licenses, or both, required by either state, may sport fish in the waters and from the land above described.

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(2) No license or permit shall be required by either state of any person who is a resident of Florida who is less than fifteen (15) years of age or a resident of Georgia who is less than sixteen (16) years of age; and honorary permits issued to residents of the issuing state shall be recognized by the other state. (c) Exceptions to laws and regulations: (1) There is no aggregate limit for striped bass and striped-white bass hybrids from the above described waters. (2) All other fishing laws and regulations of the State of Georgia shall apply in the Georgia waters. Specifically the reciprocal agreement does not apply to, or in any way change, the laws or regulations of either State pertaining to fishing for shad. 45-732. Rules and Regulations. The Board shall have the authority to adopt rules and regulations establishing seasons, methods of fishing, possession and creel limits for the taking of fish from the fresh and salt waters of this State, except to the extent that such matters are specifically provided for by this Title. Chapter 45-8 COMMERCIAL FISHING 45-801. Unlawful to Fish Commercially in Closed Waters. It shall be unlawful to fish commercially except in waters opened for commercial fishing by regulation of the Board. 45-802. Unlawful to Fish Commercially in Fresh Water Without Commercial Freshwater Fishing License. It shall be unlawful for any person to engage in commercial freshwater fishing, other than commercial shad fishing, in this State without having a valid commercial freshwater fishing license as provided in section 45-303 of this Title. Said license shall be a personal license reguired of each individual engaging in the activities covered hereby and shall be effective from April 1 to March 31 of the following year.

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45-803. Commercial Freshwater Fishing Gear. Except as otherwise provided by law or regulation, it shall be unlawful for any person engaged in commercial freshwater fishing in this State to use any gear other than trot lines, baskets in accordance with section 45-804, turtle traps, shad nets in accordance with section 45-805, and sturgeon nets, to which have been attached a tag bearing the name, address and commercial freshwater fishing license number of the person using any such gear. (a) `Trot lines', as used herein, shall mean one line which has more than fifty (50) hooks in any combination or a combination of lines with more than fifty (50) hooks in use by one person. Said line(s) must be marked with visible buoys and must be attended regularly and removed after the completed fishing trip. Said line(s) must be submerged at least three feet (3[UNK]) below the surface of the water. It shall be unlawful to keep any game fish, except flathead catfish, channel catfish, American shad, and hickory shad, taken with such lines. (b) `Turtle traps', as used herein, must be constructed of netting and shaped as hoop nets. Such traps must also have one open muzzle or throat at least thirty-two inches (32[UNK]) wide with a ring ten inches (10[UNK]) in diameter made into the rear of the trap to permit fish to escape. Notwithstanding any other provision to the contrary, it shall be unlawful to use said traps in the Chattahoochee River and its impoundments lying between Georgia and Alabama. It shall also be unlawful to retain any game fish taken in such traps in any of the waters of this State. (c) `Sturgeon nets', as used herein, shall mean a single net or webbing of mesh of not less than six inches (6[UNK]) on the square. Provided, however, said nets must be situated so as to allow onethird (1/3) of the stream width to remain open and free for the passage of fish and may not be used except between January 15 and April 15 of each year. It shall be unlawful to retain any game fish taken in such nets. 45-804. Baskets for Taking Fish. (a) Except as otherwise provided by law or regulation, it shall be unlawful to fish with any basket unless such basket is constructed of one inch (1[UNK]) mesh wire and is not more than seventy-two inches (72[UNK]) in length and sixty inches (60[UNK]) in circumference. One throat shall be located

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at the extreme front of the basket and the second throat shall be located seventeen inches (17[UNK]) behind the first. The second throat shall have a trapdoor seven and one-half inches (7-1/2)[UNK]) square. (b) It shall be unlawful to fish with baskets in freshwater flowing streams. It shall also be unlawful to fish with a basket without notifying the conservation ranger in the area of the time and place such basket is to be used. (c) It shall be unlawful to possess any basket or trap made of metal, wire, wood, fabric or other material suitable for use or capable of use in taking fish from the waters of this State without having a commercial fishing license and an identification tag as required in section 45-803 attached to such basket or trap. Provided, however, that the owner of a private pond may possess and use a basket or trap for taking fish therefrom without the necessity of obtaining a commercial fishing license. Provided, further, that baskets meeting the requirements of subsection (a) may be possessed for the purpose of sale and may be sold at a regularly established place for such sale without the owner or operator of such place obtaining a commercial fishing license. (d) Notwithstanding any other provision to the contrary, it shall be unlawful to take any game fish except flathead catfish and channel catfish with baskets. 45-805. Commercial Shad Fishing. (a) It shall be unlawful to fish commercially for shad except with a commercial shad license as prescribed in section 45-303 and except with set nets or drift nets of at least four and one-half (4) inch stretched mesh or trot lines, and except between January 15 and April 15 of each year. (b) Set nets shall be placed only in the main run or channel of the stream, and no nets may be placed in any slough, estuary, or other area formed by the waters of said streams whether by high waters, tide or otherwise. (c) All nets must be situated so as to allow one-third ([UNK]) of the stream width open and free for the passage of fish. Set nets must be placed at least one hundred feet (100[UNK]) apart. Set nets shall be limited to a maximum of one hundred feet (100[UNK]) in length. All

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set nets must have one end secured at the stream's bank and buoyed at the outer (streamward) end so as to be clearly visible to boaters. (d) Drift nets shall not be fished closer than one hundred (100) yards apart and shall be limited to a maximum of one thousand feet (1000[UNK]) in length in salt waters. Such nets shall not exceed two-thirds (2/3) of the stream's width at the net's location. (e) That portion of the Savannah River from the New Savannah Bluff Lock and Dam downstream to a point opposite the mouth of Spirit Creek is hereby zoned for sport fishing only, and the use of nets, seines or other nonsport gear is prohibited therein. (f) The Altamaha River upstream from the Seaboard Coastline Railway Bridge at Altamaha Park in Glynn County and the Ogeechee and Savannah rivers upstream from the I-95 bridge shall be closed to the taking of shad on Sundays, Mondays and Tuesdays during the open season. The Altamaha River downstream from the Coastline Railway Bridge at Altamaha Park and the Ogeechee and Savannah rivers downstream from the I-95 bridges shall be closed to the taking of shad on Saturdays, Sundays and Mondays during the open season. All other shad streams shall be closed on Sundays, Mondays and Tuesdays during the open season. (g) Shad fishing is prohibited in the Savannah Back River downstream from New Savannah cut. (h) Notwithstanding any other provision to the contrary, there shall be no possession limit on shad taken pursuant to this section. (i) This section shall apply only to American and hickory shad. Sturgeon, game fish, other than American shad and hickory shad, and all species of catfish taken in shad nets must be released unharmed into the waters from which they were taken. 45-806. Use of Commercial Fishing Gear Prohibited Within One-Half (1/2) Mile Below Lock or Dam. It shall be unlawful to use any commercial fishing gear, as designated in this Title, within one-half (1/2) mile below any lock or dam on any of the fresh waters of this State.

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45-807. Confiscation of Illegally Used Commercial Fishing Gear. Should any law enforcement officer of this State or employee of the Department discover any commercial fishing gear or any trap, net, seine, basket or similar device for taking fish, which gear or device is being used in violation of this Title, said officer or employee shall seize and hold the same, and in the event no one within a reasonable time claims the seized commercial fishing gear and the owner thereof is unknown to said officer or employee, said gear shall be confiscated and shall become the property of the Department and disposed of as ordered by the Commissioner. 45-808. Sale of Game Fish. (a) Except as otherwise provided herein and in section 45-809, it shall be unlawful for any person to sell or purchase any game fish. (b) Game fish shipped from without this State and accompanied by a bona fide bill of sale or lading giving the details of the source of the fish and the species, number and pounds thereof, may be lawfully transported, sold and resold, provided each person in possession thereof has such bill of sale or lading and has otherwise complied with the provisions of this section and any regulations promulgated pursuant hereto. (c) It shall be lawful for any person to sell or purchase game fish from a private pond when the owner of such pond hass obtained a valid permit from the Department and such permit is displayed in a prominent place at said pond and such person shall have complied with all the requirements of this section and any regulations promulgated pursuant hereto. Such permit may be issued to the owner only once annually and shall limit the time for taking fish from said pond to fifteen (15) days unless an extension is granted by the Department. Provided, however, no person shall transport any game fish taken from such a pond unless said fish are packaged and labeled with the pond permit number and the number and pounds of each species of fish contained therein. Said fish shall remain so packaged until processed for consumption or released into another body of water. (d) Notwithstanding any of the provisions of this Title to the contrary. American shad, hickory shad, flathead catfish and channel catfish shall not be subject to the prohibitions set forth in this section.

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45-809. Commercial Fish Hatcheries. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in section 45-102 of this Title unless said hatchery is licensed under the provisions of section 45-303 of this Title. (b) Except as provided in section 45-808, it shall be unlawful for anyone other than a commercial fish hatchery licensed under section 45-303 to sell for consumption or resale any species of game fish other than American shad, hickory shad, flathead catfish or channel catfish. It shall also be unlawful for any person to have in his possession any such game fish obtained from a commercial fish hatchery unless said fish are accompanied by a bona fide bill of sale or lading detailing the number and pounds of each species of fish contained therein. (c) It shall also be unlawful to sell fish from a commercial fish hatchery which the Department has determined to have diseases or parasites which would be harmful to native fish populations. 45-810. Taking of and Dealing in Live Fish and Fish Eggs; Wholesale and Retail Dealers; Licenses; Prohibited Acts. (a) It shall be unlawful to engage in the business of a wholesale fish dealer, retail fish dealer or import wholesale dealer, as defined in section 45-102 of this Title, without first obtaining an annual license from the Department as provided in section 45-303 of this Title. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain an additional license as a wholesale fish dealer or a retail fish dealer. (b) Notwithstanding subsection (a) hereof, nonresident persons may sell and transport fish and fish eggs into the State without being required to procure an import wholesale fish dealer license where such sale and shipment are made to an import wholesale fish dealer duly licensed under section 45-303. (c) No live fish or fish eggs shall be shipped into this State from any point outside thereof by any person, whether licensed as a dealer or otherwise, unless the following requirements are met: (1) Notice shall be given to the Department at least three (3) days prior to the date such fish or fish eggs enter the State, which

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notice shall state the consignor and consignee thereof and the place of origin and delivery. (2) A certificate of inspection from some public agency or recognized laboratory outside of this State must accompany said notice and shall disclose the quantity and species of fish and diseases present. (3) All imported live fish shall be treated with formaldehyde or other recognized chemical at the commonly recognized rate, for control of protozoan parasites, and said fish shall be in water containing at least one part per million (1 PPM) acriflavin or other recognized chemical to prevent the spread of disease while in transit. (4) Any person receiving said live fish or fish eggs in this State shall treat, disinfect or dispose of any diseased or parasitized fish and containers at his own expense as may be required by the Department or its agents. (d) The Board may by regulation prohibit or limit the importation, possession or sale in this State of live fish or fish eggs where the same are found to be harmful to endemic fish populations or where said importation, possession or sale might introduce or spread disease or parasites. (e) The conservation rangers or other agents or officials of the Department shall confiscate any fish imported, purchased or acquired by any person in violation of any of the provisions of this section or any regulation promulgated by the Board pursuant thereto. 45-811. Saltwater Demarcation Line. The line established in this State as the separation point between salt and fresh waters for fishing licenses, commercial fishing, and sport fishing is as follows: (a) The point at which Interstate Highway 95 crosses the following bodies of water and their tributaries shall be the line of demarcation for them: St. Mary's River, Satilla River System (including Satilla River and White Oak Creek), South Altamaha River, Champney River, Butler River, Darien River and Cathead

Page 497

Creek, Little Ogeechee System (both branches). All water seaward of these points shall be considered salt water. (b) The point at which the Seaboard Coastline Railroad crosses the following bodies of water and their tributaries shall be the line of demarcation for them: North Newport River System (both Riceboro and Peacock Creek branches), Big Ogeechee River, Savannah River (Seaboard Coastline Railroad crossing east of U. S. Highway 17). All water seaward of these points shall be considered salt water. (c) The following rivers and their tributaries are designated as salt water for their entire length: Crooked River, Little Satilla River, South Brunswick River, Turtle River, Sapelo River, South Newport River, Jericho River, and all other rivers, streams and tributaries in the six coastal counties which are not enumerated above. Provided, however, this section shall not apply to freshwater ponds on the seaward side of the demarcation line. 45-812. Prohibited Methods of Taking Fish, Crustaceans or Mollusks in Salt Water. (a) It shall be unlawful to use a gig to take any fish, crustaceans or mollusks in salt water, except that a gig may be used to take flounder in salt water. (b) It shall be unlawful to fish for sturgeon with a net in salt water except with a net meeting the requirements of section 45-803(c). (c) It shall be unlawful to use a beach seine as a gill net. A gill net is defined as a single net or webbing attached to float and lead lines, and fished in a stationary manner to ensnare or entangle the fish in the meshes. (d) It shall be unlawful to use any seine in salt water except that: (1) The use of a seine twelve feet (12[UNK]) in length or less, with a maximum depth of four feet (4[UNK]) and a maximum mesh size of one inch (1[UNK]) stretched mesh in salt water is not prohibited.

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(2) The use of a seine less than one hundred feet (100[UNK]) in length having a minimum net size of one and one-fourth inch (1-1/4[UNK]) stretched mesh, on the ocean-front side of beaches and on sand beaches bordering the southern ends of Georgia's public islands is not prohibited. The use of such seines in any inlets or tidal sloughs is prohibited. (3) The use of seines greater than one hundred feet (100[UNK]) and up to two hundred feet (200[UNK]) in length having a minimum set size of two and seven-eighths inches (2-7/8[UNK]) stretched mesh on the ocean-front side of beaches, is not prohibited; provided, however, such seines may not be used in any inlets or tidal sloughs. (4) Seines over two hundred feet (200[UNK]) in length are prohibited. 45-813. Commercial Saltwater Fishing Gear. The following shall be considered commercial salt water fishing gear: (a) Any power-drawn net used to take seafood from any of the salt waters of this State, except a net ten (10) feet or less at the widest part of its mouth when used for the taking of shrimp for use as live bait by the person taking the shrimp, his friends or relatives; (b) Any crab trap or similar enclosure or device constructed so as to allow free ingress of crabs, but no egress; (c) Any seine over one hundred feet (100[UNK]) in length used in salt waters for the taking of fish or crustaceans and any purse seine used in salt waters for the taking of fish or crustaceans; (d) Any baskets, trot lines, hoop nets, or traps used for the taking of catfish or eels in salt water; (e) Nets used for catching shad and sturgeon; and (f) Any other gear used in salt water to take fish, crustaceans or mollusks for purposes of sale.

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45-814. Saltwater Commercial Catfishing. (a) It shall be unlawful to fish commercially for catfish in the salt waters of this State without a valid saltwater commercial fishing license. (b) It shall be unlawful for any person to fish commercially for catfish in the salt waters of this State with any gear except trot lines, wire baskets meeting the requirements of section 45-804, and hoop nets of one inch on the square (two (2) inch stretch) or larger which do not exceed three and one-half feet (3-1/2[UNK]) in diameter or ten feet (10[UNK]) in length. (c) It shall be unlawful to fish commercially for catfish in the North Altamaha River except on the ocean side (downstream) of the mouth of, but not including. Lewis Creek, and in the South Altamaha River except on the ocean side (downstream) of the uppermost entrance of Hammersmith Creek. (d) It shall be unlawful for any person fishing commercially for catfish in the salt waters of this State to take and retain any catfish in the salt waters of this State less than nine inches (9[UNK]) in total length. Any catfish taken and retained by such person shall be deemed to be less than nine inches (9[UNK]) if it is less than seven inches (7[UNK]) with head removed or less than six inches (6[UNK]) with head and tail removed. 45-815. Saltwater Commercial Eel Fishing. (a) It shall be unlawful to fish commercially for adult eels except with a valid saltwater commercial fishing license and a valid commercial fishing boat license as prescribed in section 45-303, and except in those areas where saltwater commercial catfishing is permitted as provided in section 45-814. (b) It shall be unlawful to take adult eels except with the following gear to which must be attached a tag bearing the name, address and license number of the person using such gear. (1) Traps with a diameter of no more than two feet (2[UNK]) and a length of no more than four feet (4[UNK]) which traps have a muzzle or throat which has a round opening no greater than two inches (2[UNK]) in diameter. The mesh size for such traps may be no smaller than 1[UNK] [UNK] 1/2[UNK].

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(2) Pots may be no larger than 24[UNK] [UNK] 24[UNK] [UNK] 15[UNK], must have a mesh size no smaller than 1[UNK] [UNK] 1/2[UNK]. The muzzle or throat of such pots must have a round opening no greater than two inches (2[UNK]) in diameter. (c) It shall be unlawful to retain any fish other than adult eels while engaged in commercial eel fishing. Possession of any fish other than adult eels shall be prima facie evidence of fishing illegally. 45-816. Taking of Diamondback Terrapins Regulated. (a) It shall be unlawful for any person to take, capture or kill diamondback terrapins within this State with any device except nets, commonly called gill nets, with a mesh the size of five and one-half inches (5-1/2[UNK]), stretched mesh. It shall also be unlawful to kill diamondback terrapins within this State between April 1 and August 1 of each year. (b) It shall be unlawful for any person to take, capture or kill any diamondback terrapins in any waters in this State for commercial purposes without first obtaining a commercial saltwater fishing license, as provided in section 45-303. (c) It shall be unlawful to use any boat or vessel in taking diamondback terrapins for commercial purposes unless such boat or vessel is properly licensed as provided in section 45-303. 45-817. Suspension of License for Violation of Chapter. Upon a conviction of any person for the violation of any of the provisions of this Chapter, all licenses held by any such person to fish commercially or operate or use commercial fishing gear in the public impounded waters or navigable streams of this State may, at the option of the court, be forfeited for a period of six (6) months from the date of conviction. Chapter 45-9 CRABS, SHRIMP AND OYSTERS 45-901. Taking of Crabs Under Certain Conditions Prohibited, Taking of Peelers and Soft-shell Crabs. (a) It shall be unlawful for any person to take or possess in this State the following:

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(1) Spawning female crabs during the months of May or June; (2) Any crab measuring less than five inches (5[UNK]) 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 subsection may not be intentionally killed and must be returned to a suitable habitat as soon as practicable. (b) It shall be unlawful for any person taking peelers or softshell crabs to sell such crabs to any person other than a soft-shell crab dealer. (c) It shall be unlawful for any person other than a licensed commercial fisherman or a soft-shell crab dealer to possess peelers in commercial quantities. (d) It shall be unlawful for any person other than a soft-shell crab dealer to operate a shedding facility. (e) It shall be unlawful for a soft-shell crab dealer to purchase peelers from any person other than a licensed commercial fisherman. 45-902. Fishing with Power-drawn Nets; Opening and Closing of Waters; Confication of Illegally Used Equipment. (a) Except as otherwise specifically provided, it shall be unlawful for any person to use a power-drawn net in any of the salt waters of this State. All sounds shall be closed to such fishing except that the Commissioner may open Cumberland, St. Simons, Sapelo, St. Andrews, Wassaw or Ossabaw Sounds, or any combination of such sounds, at any time between September 1 and December 31, provided that he has determined that the shrimp in the waters of each such sound to be opened are forty-five (45) or less shrimp with heads on to the pound and he shall close each such

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sound so opened when he has determined that the shrimp in the waters of such sound exceed forty-five (45) shrimp with heads on to the pound. The Commissioner may open any waters outside, on the seaward side, of the sounds between June 1 and December 31 provided that he has determined that the shrimp in such outside waters are forty-five (45) or less shrimp with heads on to the pound, and he shall close such waters so opened when he has determined that the shrimp in such outside waters exceed forty-five (45) shrimp with heads on to the pound. The Commissioner may open any waters outside the sounds during the months of January and February provided that he has determined that the shrimp in such outside waters are fifty (50) or less shrimp with heads on to the pound and he shall close such outside waters so opened when he has determined that the shrimp in such outside waters exceed fifty (50) shrimp with heads on to the pound. The Department shall conduct inspections for such shrimp count and a determination by the Commissioner shall be conclusive as to such count. The Commissioner shall provide public notice of the opening and closing of such waters as herein provided by posting a notice of all such openings and closings at the courthouse and on all shrimp docks and by such other means as may appear feasible. Such notices shall be posted at least twenty-four (24) hours prior to any change in the opening and closing of any such waters; provided, however, that such notice is required only when waters are opened or closed by action of the Commissioner. (b) It shall be unlawful to use a power-drawn net in any of the salt waters of this State except between the hours of 5:00 a.m. EST and 8:00 p.m. EST. It shall also be unlawful to use a power-drawn net in any sound between the hours of 8:00 p.m. EST on Saturday and 5:00 a.m. EST on Monday. (c) Except as otherwise specifically provided, it shall be unlawful to fish with nets other than cast nets in any of the tidal rivers or creeks, except to fish for shad or sturgeon. Provided, however, that nothing contained herein shall be construed so as to prohibit any person from using a beach seine along any public beach. (d) Each boat, propulsion unit, net, door, boom, winch, cable, electronic device or accessory equipment used in violation of this

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section, section 45-907 or section 45-908, as hereinafter provided, is hereby declared to be contraband and forfeited to the State and shall be confiscated and seized by any peace officer who shall impound it in the name of the district attorney whose circuit includes the county in which a seizure is made. The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any such equipment, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such equipment. A copy of such petition shall be served upon the owner or lessee of such equipment, if known, and upon the person or persons having custody or possession of such equipment at the time of the confiscation or seizure. If the owner or lessee or person or persons having custody or possession of such equipment at the time of seizure is unknown, notice of such proceedings shall be published once a week for two (2) consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the equipment resulting therefrom. If no defense or intervention shall be filed within thirty (30) days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such equipment was so used, the equipment shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from such sale shall be applied: (1) To the payment of proper costs and expenses including expenses incurred in the seizure; (2) To the payment of the costs of the court and its officers; (3) To the payment of any costs incurred in the storage, advertisement, maintenance or care of such property; and (4) The remainder shall be paid in to the State treasury. Where the owner or lessee of any equipment seized for purposes of condemnation shall abscond or conceal himself so that

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actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is hereinbefore provided in the case of an unknown owner or lessee. All proceedings against any such equipment for the purpose of condemnation shall be proceedings in rem against the equipment and the equipment shall be described only in general terms. It shall be no ground for defense that the person who had the equipment in possession at the time of its use and seizure has not been convicted or acquitted of any criminal proceedings resulting from or arising out of such use. It is the intent and purpose of the procedure provided by this section to provide a civil remedy for the condemnation and sale of equipment used in violation of the provisions of this section notwithstanding the conviction or acquittal of the person having possession or custody of the equipment at the time of its seizure. The conviction or acquittal of any such person shall not be admissible as evidence in any proceeding hereunder. Any party at interest may appear, by answer under oath, and make his defense. The holder of any bona fide lien on the property shall be protected to the full extent of his lien only if such lien was perfected prior to the filing by the Department of the affidavit provided for in subsection 45-905(a)(3). Provided, however, that nothing contained herein shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by him. The court to whom any such petition for condemnation may be referred may, in its discretion, allow any party at interest to give bond and take possession of the equipment seized. The court shall determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond, and the amount of such bond. The enforcement of any bond so given shall be regulated by the general law applicable in such cases. The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceedings by permitting the value of the equipment to be paid in to court or

Page 505

the value of the equity therein, as determined by the court, which money, when so paid in, shall be distributed as provided by law in all cases of condemnation. Provided, however, that the Attorney General may, upon the request of the Commissioner, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property. (e) The Department shall have the power to close all or any portion of the salt waters of this State to commercial fishing in the event of a disaster likely to cause seafood to be unfit for human consumption or in the event of any other emergency situation. (f) Nothing contained in this section shall be construed to prohibit any person from fishing in the salt waters of this State for shrimp to be used or sold for live bait pursuant to section 45-907 and 45-908. Provided, however, it shall be unlawful to use for obtaining shrimp for bait, any equipment which has been used for obtaining shrimp pursuant to this section. (g) The Board is hereby authorized to promulgate rules or regulations authorizing any person to take crabs with powerdrawn nets of four and one-half (4-1/2) inch stretched mesh from any waters outside, on the seaward side, of the sounds at any time during the year, or from the waters of Cumberland, St. Simons, Sapelo, St. Andrews, Wassaw and Ossabaw Sounds during the months of January, February and March, when the Board has determined that taking of crabs within said waters will not be detrimental to the conservation of crabs or shrimp. Possession of any net with mesh smaller than that provided herein while taking crabs shall be prima facie evidence of the violation of this section. 45-903. Zoning of Salt Waters. For the purpose of enforcing this Chapter, the Department is hereby authorized to zone the salt waters of this State. 45-904. Penalty for Violation of Certain Provisions of this Chapter. (a) Any person in command of any commercial fishing boat who violates or causes to be violated the provisions of section

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45-902 shall be guilty of a misdemeanor and shall be punished as such subject to a minimum punishment as follows: (1) First offense - fined not less than two hundred fifty dollars ($250) and given a mandatory suspension from any commercial fishing for thiry (30) fishing days; (2) Second offense - fined not less than five hundred dollars ($500) and given a mandatory suspension from any commercial fishing for sixty (60) fishing days; (3) Third offense - fined not less than five hundred dollars ($500) and given a mandatory suspension from any commercial fishing for one (1) year. Any person who violates a mandatory suspension provided for above shall, upon a proper showing, be subject to imprisonment not to exceed twelve (12) months. (b) It is the responsibility of every person operating a commercial fishing boat to determine whether or not said boat has a license which is valid and in effect. Any person who is engaged in illegal fishing with power-drawn nets while operating a boat which has not been licensed, or which has had its license suspended and not reinstated, shall be guilty of a misdemeanor and shall be punished by a mandatory minimum sentence as follows: (1) First offense - fined not less than one thousand dollars ($1,000) or sentenced to not less than thirty (30) days nor more than twelve (12) months' imprisonment, or both; (2) Second offense - fined not less than three thousand dollars ($3,000) and given a mandatory suspension from any fishing for not less than five (5) years. Any person who violates such mandatory suspension shall, upon a proper showing, be subject to imprisonment not to exceed twelve (12) months. For purposes of this section, illegal fishing with power-drawn nets means any violation of section 45-902 or of section 45-908.

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45-905. Forfeiture Bond or Affidavit Required Upon Application for Commercial Fishing Boat License. (a) Upon application for a commercial fishing boat license under the provisions of section 45-305, the owner of such boat, if said boat is to be used for fishing with power-drawn nets, must do one of the following: (1) Post a cash forfeiture bond in the form prescribed by the Board in favor of the State of Georgia in the amount of $5,000, conditioned upon faithful compliance with the provisions of section 45-902 or of section 45-908; (2) File with the Commissioner a forfeiture bond in the form prescribed by the Board executed by a bonding, surety or insurance company licensed to do business in this State in favor of the State in the amount of $5,000, conditioned upon faithful compliance with the provisions of section 45-902 or of section 45-908; or (3) File with the Commissioner an affidavit in the form prescribed by the Board stating that the affiant is a resident of the State of Georgia, that he is the sole owner of the boat to be licensed, and that such boat is free from all encumbrances including, but not limited to liens, mortgages and other evidences of security interests. The Department may require proof of residence or ownership, or proof of residence and ownership. Such affidavit shall acknowledge that the boat sought to be licensed will be subject to the provisions of subsection (d) of section 45-902. Such affidavit shall be filed by the Department in the office of the clerk of the superior court as follows: when the owner is an individual, then in the county where he resides; when the owner is a partnership, corporation or business entity other than an individual, then in the county of the owner's principal place of business. Such affidavit shall be filed by said clerk like other security interests on boats. Provided, however, that the filing of such affidavit shall not be permissible where the boat is documented under the laws of the United States. (b) The term of the bond provided for in subsections (1) and (2) above shall be for one (1) year and shall correspond to the period of the license. When such a bond has been filed, the provisions of subsection (d) of section 45-902 shall not apply to the boat covered by the bond. The Commissioner shall have the right

Page 508

to recover on the bond for the breach of its conditions whenever said boat is used in violation of section 45-902 or of section 45-908 or any rule or regulation promulgated pursuant thereto, either with or without the knowledge, consent or acquiescence of the owner of said boat as follows: A. First violation$500; B. Second violation within a two-year period of time of any prior violation$1,000; C. Third violation within a two-year period of time of any violation$5,000; D. All subsequent violations within a two-year period of time of any prior violation$5,000. (c) Every breach or violation shall carry over to all succeeding bonds filed under this section. The aggregate liability shall not exceed the amount of the bond; however, in the event that the total amount of any bond is forfeited, the commercial fishing boat license shall be suspended until a new bond is filed covering the remainder of the period of the license and any commerical use of the boat shall be unlawful and the owner shall be guilty of a misdemeanor. Nothing in this subsection shall be construed so as to alter or affect the seizure and condemnation, under the provisions of section 45-902(d), of any boat not covered by the bond provided for in subsection (a)(1) or (2) of this section. 45-906. Commercial Fishing Boat License Valid Only under Certain Conditions. A commercial fishing boat license issued under the provisions of section 45-305 shall not be valid unless there is in effect in the name of the owner of such boat one of the following: (a) a cash forfeiture bond meeting the requirements of section 45-905 sufficient to cover the forfeiture prescribed by law for the next offense; or (b) a forfeiture bond executed by a bonding, surety, or insurance company meeting the requirements of section 45-905

Page 509

sufficient to cover the forfeiture prescribed by law for the next offense; or (c) an affidavit meeting the requirements of section 45-905. 45-907. Fishing for Bait in Salt Waters. (a) Any provision of this Title to the contrary notwithstanding, any person may use a power-drawn net in any of the salt waters of this State, not to exceed ten (10) feet at the widest part of its mouth for the purpose of taking shrimp to be used for live bait in this State, provided that such shrimp are not to be sold. It shall be unlawful to engage in the taking of shrimp to be so used at any time except between the hours of 5:00 a.m. EST and 8:00 p.m. EST. It shall also be unlawful for any person taking shrimp under this subsection to possess more than two (2) quarts of bait shrimp at any time; when two (2) or more persons are occupying the same boat, there may be no more than four (4) quarts of bait shrimp on board said boat. Possessing more than these limits shall be prima facie evidence that such shrimp were taken for some purpose other than to be used as live bait. (b) It shall be unlawful for any person to sell or otherwise dispose of, for human consumption, any shrimp caught pursuant to this section, or to possess such shrimp for the purpose of sale or other distribution for human consumption. 45-908. Licensed Bait Dealers. (a) It shall be unlawful for any person to engage in the taking of shrimp for live bait to be sold, to engage in the sale of shrimp for live bait, or to engage in the sale of shrimp for dead bait unless such person has a bait dealer's license as provided in section 45-303, or is a full-time employee of such person. In addition to complying with the provisions of subsection (b) of this section, any applicant for such a license must first file with the Commissioner a forfeiture bond in the form prescribed by the Department, executed by a bonding, surety or insurance company licensed to do business in this State in the favor of the State in the amount of one thousand dollars ($1,000), conditioned upon the faithful compliance by such person and his full-time employees with all the laws and regulations relating to the taking, possession and sale of bait shrimp; provided, however, that a cash forfeiture bond in like amount may be substituted in lieu of the commercial bond provided for above.

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The term of said bond shall be one (1) year and shall correspond to the period of the bait dealer license which shall be April 1 to March 31. Such bond shall be in addition to the commercial fishing boat license (where applicable) required by section 45-305, and in lieu of the commercial saltwater fishing license required by section 45-306. Notation of execution of such bond shall be stamped or endorsed on the applicant's bait dealer license. It shall be unlawful for any person engaging in the taking of shrimp for live bait pursuant to this section to use any powerdrawn net larger than twenty (20) feet at the widest part of its mouth. It shall also be unlawful to engage in the taking of shrimp pursuant to this section at any time except between the hours of 5:00 a.m. EST and 8:00 p.m. EST, provided, however, that there will be no restriction of hours between May 1 and August 31. It shall also be unlawful for any person engaging in the taking of shrimp pursuant to this section to fail to maintain on the commercial fishing boat, bait-holding facilities which comply with the requirements set forth in subsection (b) of this section, except that it shall not be necessary for such boat to meet the requirements of subsection (bl(4) of this section. (b) Applicants for a bait dealer license shall comply with the following requirements: (1) Live bait shrimp facilities must consist of either floating bait containers or tanks with circulating or recirculating systems to provide an exchange of salt waters. Floating bait containers must be constructed with adequate openings to provide for a steady exchange of salt water. Tanks with circulating salt water systems must include adequate spray outlets to provide aeration as well as sufficient water inlets to create a circulating flow within the bait tank. (2) All live shrimp-holding facilities must be constructed of nontoxic materials or materials which have been properly treated with an approved nontoxic substance. Such facilities must be maintained in a condition conducive to keeping shrimp alive, which requires regular cleaning and the removal of dead shrimp. (3) No organisms other than shrimp may be held in live shrimp bait tanks.

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(4) Freezer storage sufficient to freeze and to keep frozen any shrimp which die while in possession of the dealer and which are to be sold as dead bait must be maintained on the premises of the established bait dealership. (c) It shall be unlawful for any licensed bait dealer to allow shrimp to be removed from the premises of his established bait dealership unless it is sold as: (1) Live bait in a container of such size as to insure that all live shrimp therein are covered by a minimum of one inch (1[UNK]) of salt water; or (2) Dead bait which has been packaged with heads on and frozen. Such packages shall contain not more than one quart of dead shrimp and must be clearly marked with letters of at least one-half inch (1/2[UNK]) in size to read as follows: SOLD FOR BAIT ONLY. (d) It shall be unlawful for any licensed bait dealer to fail to keep all shrimp in saltwater tanks meeting the standards prescribed in subsection (b) of this section unless and until such shrimp die, in which case the shrimp shall be promptly frozen and packaged as dead bait. It shall also be unlawful for any licensed bait dealer to intentionally cause or allow live shrimp to die. (e) It shall be unlawful for any person to use, for other commercial fishing purposes, an equipment which has been used for obtaining live bait pursuant to this section. (f) It shall be unlawful for any licensed bait dealer or any fulltime employee of such dealer to have or permit in or on his commercial fishing boat used for taking shrimp for bait pursuant to this section, or in or on the premises of the established bait dealership any shrimp caught, sold, to be sold, or to be disposed of for human consumption. (g) It shall be unlawful for a licensed bait dealer to fail to maintain at all times a record book showing, for each transaction, the amount of bait shrimp purchased, the person from whom it was purchased, and the date of such purchase.

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(h) It shall be unlawful for any person to sell or otherwise dispose of, for human consumption, any shrimp caught pursuant to this section, or to possess such shrimp for the purpose of sale or other distribution for human consumption. 45-909. Commercial Crab Catching Near Property Line or in Channel of Stream Prohibited. It shall be unlawful for any person to catch crabs for commercial purposes within one hundred feet (100[UNK]) of the property line of any other person or any extension of such person's dock. It shall also be unlawful to place or set crab traps in the channel of a stream. 45-910. Commercial Fishing Boat or Vessel Required to Keep Records. It shall be unlawful for any boat or vessel used in commercial fishing or in the taking of seafood in the salt waters of this State to fail to maintain and carry thereon at all times a record book showing the amount of fish, oysters, prawn, shrimp and other seafood caught daily, the name and address of the person or persons to whom sold, the date of sale and the time and place of delivery, and such other information as may be required by the Department. 45-911. Commercial Seafood Dealers Required to Keep Records. It shall be unlawful for any person who purchases for the purpose of sale, or who in fact sells, fish, oysters, prawn, shrimp or other seafood to fail to maintain records showing the amount of such seafood bought daily and from whom such seafood was purchased. 45-912. Minimum Size of Oysters. It shall be unlawful to take any oysters from the public grounds of this State when the shells of such oysters measure less than three inches (3[UNK]) from hinge to mouth, except that oysters less than three inches (3[UNK]) from hinge to mouth may be removed if attached to an oyster of that minimum size and such oyster so attached cannot be removed without destroying such three-inch (3[UNK]) oyster. It shall also be unlawful for any person engaged in shucking or canning oysters for market, to shuck, can, purchase, or have in possession any quantity of oysters containing more than five (5) percent of oysters of prohibitive size as herein defined.

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45-913. Unlawful to Take Oysters Except During Certain Period; Exceptions. Except as provided herein, it shall be unlawful for any person to prick, dredge, scoop, rake, drag or in any other manner take oysters from any of the waters of this State, except from private beds from the first day of May to the thirtieth day of September, and except for the purpose of replanting the same. The Board is hereby authorized to close any area to the taking of oysters by the use of a dredge or dredges at any time when it determines that such closing would be in the best interest of the conservation and propagation of oysters. 45-914. Unlawful to Take Oysters by Certain Means. It shall be unlawful for any person to take any oysters in any of the waters of this State with or by a scoop, rake, drag, or dredge, or by the use of any other instrument than the oyster tongs heretofore in general use for the taking of oysters, at mean low tide, or to use a dredge other than one not exceeding the weight of one hundred fifty (150) pounds, and of conventional drag or rake type that is towed on the end of a chain, rope or cable and collects its catch in a bag. 45-915. Method of Taking Oysters for Transplanting. Oysters may be taken by any means or device from any private bed by the owner or lessee for the purpose of transplanting to other beds in this State from unleased territory within said limits. 45-916. Standard Tub for Sale of Oysters in Shell. All oysters sold in the shell in this State shall be measured in circular tubs, with straight sides, straight and solid bottoms, with holes in the bottom not more than one-half inch (1/2[UNK]) in diameter. A bush tub shall measure eighteen (18) inches from the inside across the bottom, and twenty-one (21) inches from the bottom to the top or chine. All measures used for buying or selling oysters shall have a brand, to be adopted by the Department, stamped thereon by the Department. All measures found in the possession of any person not meeting the requirements of this section shall be destroyed by the Department. 45-917. Rough Taking of Oysters Prohibited; Exceptions. It shall be unlawful for any person to rough take or catch oysters from any of the public beds within the waters of this State, unless the same shall be culled over the beds from which they may be

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taken, except when the water is such as to render it dangerous to remain at the beds; provided, however, that the terms of this section shall not apply to taking of oysters for the purpose of replanting the same in any of the waters of this State. 45-918. Department to Inspect Oyster Beds; Condemnation of Polluted Beds; Effect of Identification; Rules and Regulations. (a) It shall be the duty of the Department to inspect, or cause to be inspected, as often as it may deem necessary, the various oyster beds and other places within the jurisdiction of or forming a part of this State from which oysters are taken to be distributed or sold for use as food, for the purpose of ascertaining the sanitary conditions of such oyster beds and the fitness of the oysters in such places or which are taken therefrom for use as food. (b) If the Department discovers that any oyster bed, or other place from which oysters are or may be taken is subject to pollution or to any other condition which may render the oysters in such places, or which may be taken therefrom, dangerous to health, it shall be the duty of the Department to immediately identify such areas, beds, or other places. It shall be unlawful to take, sell, distribute or possess oysters from places so identified without a permit from the Department to take, sell, distribute or possess such oysters. (c) For the purpose of this section, the distribution, sale, offering for sale, giving away or having in possession with intent to distribute, sell or give away any oysters shall be prima facie evidence that such oysters were intended for use as food. (d) The Board shall have the power to adopt, promulgate and enforce such rules and regulations as shall promote the purposes of this section, and the Department shall have power to make such specific orders regarding the growing and handling of oysters and the disposal of polluting matter which may affect the purity of oysters as it may deem necessary to enforce the provisions of this Chapter. (e) The employees of the Department shall have free access at all times to all oyster beds, places of business and other places

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where oysters are grown, kept, stored, had in possession with intent to distribute, or sell, or give away, or sold, and also to all streams, tributaries thereof and lands adjacent thereto, the waters draining from which may come in contact with oysters and shall have the power to make such inspection of such places and to take such samples of oysters as they may deem necessary to carry out the purposes of this section. (f) It shall be unlawful for any person to obstruct or in any way interfere with any employee of the Department in the performance of any duty under this section. 45-919. Records to be Maintained By Canning and Shucking Plants; Inspection; Reports. It shall be unlawful for any person owning or operating canning factories, shucking plants, or otherwise dealing in or supplying shrimp, oysters, crabs or fish for commercial purposes to fail to keep a record in which is entered the amount of shrimp, oysters, crabs or fish taken from Georgia waters for commercial purposes, the name of each person from whom purchased, the date of purchase and quantity purchased, the name, number and approximate tonnage of the boat in which they were brought to the factory, the quantity canned and packed for shipment, and the date and amount of each shipment, as well as a record of all oysters, crabs and shrimp shipped raw and oysters sold in the shell, or to fail to make an itemized written report to the Department not later than the fifth (5th) day of each month. Such persons shall also keep on file a copy of the bill of lading for each shipment and shall, between the 1st and 15th days of May in each year, make a report to the Department of the number of canned oysters on hand on the 1st day of May. 45-920. Distribution of Oyster Shells by Canning Factories and Shucking Plants. Every person owning or operating a factory for the canning of oysters, or a raw oyster shucking plant in this State, shall each year distribute upon the areas designated by the Department a quantity of oyster shells not exceeding 33-1/3 percent of the quantity required by such cannery or raw shucking plant during the preceding open season, which distribution or replanting shall be done under the direction or supervision of the Department within a radius of twenty (20) miles from the factory or shucking plant distributing the same and before the 1st day of June. Any failure or refusal to comply with this regulation shall

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subject the cannery or shucking plant to revocation of its certificate by the Department of Agriculture. 45-921. Utensils and Premises of Canning Factories and Shucking Plants to be Sanitary; Rules and Regulations by Department of Agriculture. All premises, sheds, utensils, measures, tools and implements used on premises of canneries or shucking plants must be kept in a sanitary condition, and to that end the Department of Agriculture shall, from time to time, prescribe such rules and regulations to this end as may be advisable, and any person, firm or corporation who shall violate such regulations on more than one occasion shall be subject to loss of license or to revocation of license by the Department of Agriculture. 45-922. Shellfish Sanitation Program; Tags to be Attached to Containers of Oysters. (a) The Department and the Department of Agriculture shall conduct a shellfish sanitation program sufficient to be certified by the U. S. Food and Drug Administration for interstate shipment of oysters produced in this State. (b) Every person handling or shipping oysters in the shell shall, when shipping oysters in the shell, ship such oysters in clean barrels, bags, crates, baskets or other containers. A tag obtained from the Department shall be attached to each such container. Such tag shall indicate the place and date such oysters were gathered, the name and address of the consignee, the kind of shell stock in such container, the name of the shipper and the Department of Agriculture Certificate Number. 45-923. Present Lease of Oyster Beds from the Department. Any lease of oyster beds or bottoms from the Department in effect on the effective date of this Title shall remain in full force and effect until the expiration of such lease or termination pursuant to law. Chapter 45-10 SHOOTING PRESERVES 45-1001. License Required for Shooting Preserve; Application; Conditions for Issuing License. (a) It shall be unlawful for any person to release pen-raised game birds unless such person

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has first obtained a commercial or private shooting preserve license as provided in section 45-303. Such license shall be effective from April 1 through March 31 of the following year. (b) An application for a shooting preserve license shall be submitted on a form furnished by the Department containing the following: (1) The applicant's name and address; (2) A detailed description of the proposed activities and operations on the shooting preserve; (3) The location and description of the premises of such preserve; and (4) Such other information as may be necessary in order for the Department to properly evaluate such application. (c) No shooting preserve license shall be issued unless: (1) The land to comprise said preserve consists of not more than one thousand (1,000) acres and not less than one hundred (100) acres and is owned or leased by the applicant. If such land is under lease to the applicant, said lease shall be for a term of not less than one (1) year from the date of application, and such lease shall be subject to inspection and approval by the Department. (2) The boundary lines of said premises are marked by signs located not more than four hundred feet (400[UNK]) apart, indicating that they are the boundary line signs, in letters not less than two inches (2[UNK]) in height, and shall further indicate that said premises are posted as against trespassing. (3) If the applicant intends to allow the shooting of bobwhite quail or ducks, or both, such applicant must show that the preserve has or will have a minimum of one thousand (1,000) quail, if quail are to be shot, or two hundred (200) ducks, if ducks are to be shot, or a minimum of 1,000 quail and 200 ducks if both quail and ducks are to be shot. Such birds must be on the preserve at the time of application, or the applicant must show that he has a binding contract for such number of birds, which

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birds shall be released before or during the season for hunting on the proposed shooting preserve. 45-1002. Identification Required; Release of Mallards and Black Ducks Unlawful Except Under Certain Conditions; Records; Notification of Diseased Birds Required. (a) It shall be unlawful to remove any game bird from a shooting preserve unless such bird has a tag on it showing the date such bird was taken and the shooting preserve license number. (b) It shall also be unlawful to release on a shooting preserve any mallard or black duck unless such duck is a pen-raised mallard or black duck. (c) It shall also be unlawful for a licensee under the provisions of this Chapter to fail to maintain a complete record of all birds propagated, released or taken on said preserve, or to fail to furnish to the Department a copy of said records within sixty (60) days after the end of the hunting season on such preserve. (d) It shall also be unlawful for any such licensee to fail to notify the Department within twenty-four (24) hours of the diagnosis of any epizootic disease of any game bird on the preserve, including unreleased stock. 45-1003. Unlawful to Hunt Except During Certain Period and Hours; Bag Limits. It shall be unlawful to hunt on a shooting preserve except between the period of October 1 through March 31 of the following year and except between the hours from one-half hour before sunrise to sunset. It shall also be unlawful to exceed the daily or season bag limits prescribed by law or regulation for any game bird or game animal; provided, however, there shall be no bag limits for pen-raised birds. It shall also be unlawful to hunt on a shooting preserve any game bird or game animal except during the open season for such bird or animal as prescribed by law or regulation; provided, however, that it shall be lawful to hunt bobwhite quail between October 1 and March 31 of the following year. 45-1004. Unlawful to Propagate, Possess or Release Birds and Animals on Shooting Preserve; Exceptions; Importation. It shall be unlawful for any person to propagate, possess or release on

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any shooting preserve any bird or animal except bobwhite quail, chukar or red-legged partridge, coturnix or Japanese quail, pheasant, mallard and black duck unless such person has received prior written approval from the Department. Importation of any bird or animal for purposes of propagation, possession or release on a shooting preserve shall be in conformance with the requirements of Chapter 45-12 of this Title. 45-1005. Laws and Regulations Applicable to Shooting Preserves; Nonresident Licenses. Except as otherwise specifically provided, all wildlife laws and regulations shall be in full force and effect on shooting preserves licensed pursuant to the provisions of this Chapter. Specifically, hunting licenses shall be required of all persons hunting on such preserves; provided, however, that it shall be lawful for any nonresident to hunt on such a preserve with a nonresident private or commercial shooting preserve hunting license as provided in section 45-303. Chapter 45-11 WILD ANIMALS 45-1101. Licenses and Permits. (a) It shall be unlawful for any wild animal wholesale or retail dealer to engage in the importation, transportation, sale, transfer or possession of any wild animal listed in section 45-1102 or specified by the Board by regulation, without first obtaining a license from the Department as provided in section 45-303. Said license shall be effective from April 1 through March 31. (b) It shall be unlawful for any wild animal wholesale or retail dealer to import, transport, sell, transfer or possess any wild animal for which a license is required by this Chapter without first obtaining a permit from the Department. A separate permit, at no charge, shall be required for each shipment or act of importing or transporting such wild animals. (c) It shall be unlawful for any person not a wild animal wholesale or retail dealer to import, transport, sell, transfer or possess any wild animal for which a license or permit, or both, is required by this Chapter without first obtaining a permit, at no charge, from the Department.

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(d) No permit shall be required for a carrier regulated either by the Interstate Commerce Commission, the Civil Aeronautics Board or the Public Service Commission, to import or transport any wild animal. Provided, however, it shall be unlawful for any such carrier to deliver, surrender or transfer any wild animal for which a permit is required by this Chapter to any person other than another such carrier, unless such person has the permit required by this Chapter. (e) It shall be unlawful for any person to keep, hold or possess any wild animal in captivity, except fish and invertebrates, for the purpose of display or exhibition to the public without first procuring a valid wild animal exhibition permit as provided in section 45-303. The Department is hereby authorized to issue such permits in accordance with regulations of the Board requiring adequate facilities for the humane handling, care and confinement of wild animals and insuring public safety. Notwithstanding any other provision of this Title, exhibitions of wild animals by educational institutions, State, city, county or municipal zoos or transient circuses shall not be required to procure a wild animal exhibition permit; provided, however, the Department must be notified of such exhibition and all other provisions of this Chapter and all regulations relating to the humane handling, care and confinement of wild animals must be compiled with. 45-1102. Wild Animals for Which a License or Permit is Required. A permit or license, or both, is required for the following wild animals: (a) Class Mammalia: (1) Order Marsupialia (Kangaroos, Wallabys, etc.) - All species. (2) Order Insectivora (Shrews, Moles, etc.) - All species. (3) Order Dermoptera (Flying Lemurs) - All species. (4) Order Chiroptera (Bats) - All species. (5) Order Primates (Monkeys, Apes, etc.) - All species except family Hominidae.

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(6) Urder Edentata (Sloths, Armadillos) - All species. (7) Order Pholidota (Pangolin, Scaly Anteaters) - All species. (8) Urder Lagomorpha (Rabbits, Hares) - All species except domesticated races of rabbits and hares of the family Leporidae. (9) Order Rodentia (Rats, Mice, Voles, Squirrels, etc.) - All species except: A. Domesticated races of golden hamsters (Mesocricetus auratus). B. Domesticated races of gerbils (Gerbillinae). C. Domesticated races of rats or mice (Muridae). D. Domesticated races of guinea pigs (Cavia porcellus). E. Domesticated races of chinchillas (Chinchilla laniger). (10) Order Cetacea (Whales) - All species. (11) Order Carnivora (Weasels, Cats, Bears, Wolves, etc.) - All species except those domesticated. (12) Order Tubulidentata (Aardvark) - All species. (13) Order Proboscidae (Elephants) - All species. (14) Order Hyracoidae (Conies) - All species. (15) Order Sirenia (Manatees, Dugong) - All species. (16) Order Perissodactyla (Odd-toed Ungulates) - All species except domesticated members of family Equidae. (17) Order Artiodactyla (Even-toed Ungulates) - All species except Bison bison (Buffalo) and domesticated species. (b) Class Aves: (1) Family Alaudidae (Larks) - Alauda arvensis (Skylark).

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(2) Family Cuculidae (Cuckoos) - All species. (3) Family Corvidae (Crows, Ravens, etc.) - All species. (4) Family Muscicapidae (Thrushes, Blackbirds, Fieldfare) - All species in genus Turdus. (5) Family Icteridae (Blackbirds, Grackles, Orioles) - All species in genera Molothrus, Quiscalus, and Agelaius. (6) Family Sturnidae (Starlings, Mynahs) - All species except Sturnus vulgaris (Starling) and Gracula religiosa or Fulabes religiosa (Javan Hill Mynahs). (7) Family Ploceidae (Sparrows, Weavers, Queleas, Weaver Finches): A. All species of genus Passer except Passer domesticus (English House Sparrow). B. Ploceus capensis (Cape Sparrow). C. Ploceus baya (Baya Weaver). D. Foudia madagaceriensis (Madagascar Weaver). E. All species of genus Guelea. (8) Family Estrildidae (Waxbills, Ricebirds, Munias, Weaver Finches) - Padda oryzivora (Java Sparrow). (9) Family Emberizidae (Buntings) - Emberiza citrinella (Yellowhammer). (10) Urder Falconiformes (Hawks, Eagles, Vultures) - All species. (11) Order Strigiformes (Owls) - All species. (12) Family Pycnonotidae (Fruit Thrushes) - All species. (13) Family Zosteropidae (White Eyes) - All species in genus Zosterops.

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(14) Family Psittacidae (Parrots, Parakeets) - Myiopsitta monachus (Monk Parakeet). (15) Family Meleagridae (Turkeys) - Meleagris gallopavo osceola (Osceola Turkey). (c) Class Reptilia: (1) Order Crocodylia (Crocodiles, Caimans, Gavials) - All species. (2) Family Elapidae (Corbras, Coral Snakes) - All species except Micrurus fulvius (Eastern Coral Snake). (3) Family Viperidae (Adders, Vipers) - All species. (4) Family Crotalidae (Pit Vipers) - All species except Ancistrodon contortrix (Copperhead), Ancistrodon piscivorus (Cottonmouth), Sistrurus miliarus (Pigmy Rattlesnake), Crotalus horridus (Timber Rattlesnake), Crotalus adamanteus (Eastern Diamondback Rattlesnake). (5) Family Colubridae - All poisonous rear-fanged species (Opisthoglyphs). (6) Family Helodermatidae (Gila Monsters, Beaded Lizards) - All species. (d) Class Amphibia: (1) Family Bufonidae (Toads) - Bufo marinus, Bufo paracnemis, Bufo horribilis (Giant or Marine Toad group). (2) Family Pipidae (Tongueless Toads) - Xenopus laevis laevis. (e) Class Gastropoda: All species of slugs and land snails. (f) Class Osteicthyes (Bony Fish): (1) Family Characidae (Tetra, Piranha): A. Astynax fasciatus (Banded Tetra).

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B. Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (Piranhas). (2) Family Ophicephalidae (Snakeheads) - All species of genera Ophicephalus and Channa. (3) Family Cyrpinidae (Carp, Grass Carp, Orfe): A. Ctenopharyngodon idella (Grass Carp). B. Hypophthalmichthys molitrix (Silver Carp). C. Hypoppthalmichthys nobilis (Bighead Carp). (4) Family Trichomycteridae (South American Catfish) - families Pareiodontinae, Tridentinae, Stequophilinae, Vandellinae (Candiru). (5) Family Cetopsidae (South African Catfish) - All species. (6) Family Clariidae (Asian American Catfish) - Genera Clarias, Dinotopterus, Hetropneustes, Heterobranchus. (g) Class Chondrichthyes (Cartilaginous Fish): (1) Family Carcharhinidae (Freshwater or Bay Shark). (2) Family Potamotrygonidae (Freshwater Stingray). (h) All exotic fish which are not held in aquaria or tanks. As used herein `aquaria or tanks' shall mean containers for holding fish from which no water is discharged, except during periodic cleaning, and which discharged water is passed through a filtering system capable of removing all fish and fish eggs and is disposed of only in a septic tank permitted by the county or in a waste water treatment system permitted by the Environmental Protection Division of the Department. (i) All other wild animals specified by regulation of the Board.

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45-1103. Specifications For the Humane Handling, Care, Confinement and Transportation of Certain Wild Animals. It shall be unlawful to import, transport, sell, transfer or possess any wild animal regulated by this Chapter without meeting the following specifications for the humane handling, care, confinement and transportation of such animals: (a) Facilities - general. (1) Structural strength and design. The facility must be constructed of such material and of such strength as appropriate for the animals involved. The housing facilities shall be structurally sound and shall be maintained in good repair to protect and contain the animals. The facilities shall be designed in such manner, including the inclusion of barriers of sufficient dimensions and conformation, to safeguard both the animals and the public against injury by direct contact. (2) Water and power. Reliable and adequate electric power, if required to comply with other provisions of this section, and adequate potable water shall be available on the premises. (3) Storage. Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against deterioration, molding or contamination by vermin. Refrigeration shall be provided for supplies of perishable food. (4) Waste disposal. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, trash and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors and disease hazards. The disposal facilities and any disposal of animal and food wastes, bedding, dead animals, trash and debris shall comply with applicable Federal, State and local laws and regulations relating to pollution control or the protection of the environment. (5) Washrooms and sinks. Facilities such as washrooms, basins, showers or sinks shall be provided to maintain cleanliness among animal caretakers. (b) Facilities - indoor.

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(1) Ambient temperatures. Temperature in indoor housing facilities shall be sufficiently regulated by heating or cooling to protect the animals from extremes of temperature, to provide for their health and to prevent their discomfort. The ambient temperature shall not be allowed to fall below nor rise above temperatures compatible with the health and comfort of the animal. (2) Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health and to prevent discomfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents, fans or air conditioning and shall be ventilated so as to minimize drafts, odors and moisture condensation. (3) Lighting. Indoor housing facilities shall have ample lighting, by natural or artificial means, or both, of good quality, distribution and duration as appropriate for the species involved. Such lighting shall be uniformly distributed and of sufficient intensity to permit routine inspection and cleaning. Lighting of primary enclosures shall be designed to protect the animals from excessive illumination. (4) Drainage. A suitable sanitary method shall be provided for rapid elimination of excess water from indoor housing facilities. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors and installed so as to prevent any backup of sewage. The method of drainage shall comply with applicable Federal, State and local laws and regulations relating to pollution control or the protection of the environment. (c) Facilities-outdoor. (1) Shelter from sunlight. When sunlight is likely to cause overheating or discomfort of the animals, sufficient shade by natural or artificial means shall be provided to allow all animals kept outdoors to protect themselves from direct sunlight. (2) Shelter from inclement weather. Natural or artificial shelter appropriate to the local climatic conditions for the species

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concerned shall be provided for all animals kept outdoors to afford them protection and to prevent discomfort to such animals. Individual animals shall be acclimated before they are exposed to the extremes of the local climate. (3) Drainage. A suitable method shall be provided for rapid elimination of excess water. The method of drainage shall comply with applicable Federal, State and local laws and regulations relating to pollution control or the protection of the environment. (d) Space requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress, or abnormal behavior patterns. (e) Feeding. (1) The food shall be wholesome, palatable, and free from contamination and of sufficient quantity and nutritive value to maintain all animals in good health. The diet shall be prepared with consideration for the age, species, condition, size, and type of animal. Animals shall be fed at least once a day except as dictated by hibernation, veterinary treatment, normal fasts, or other professionally accepted practices. (2) Food and food receptacles, if used, shall be sufficient in quantity and located so as to be accessible to all animals in the enclosure and shall be placed so as to minimize contamination. Food receptacles shall be kept clean and sanitary at all times. If self-feeders are used, adequate measures shall be taken to prevent molding, contamination, and deterioration or caking of food. (f) Watering. If potable water is not accessible to the animals at all times, it must be provided as often as necessary for the health and comfort of the animal. Frequency of watering shall consider age, species, condition, size and type of the animal. All water receptacles shall be kept clean and sanitary. (g) Sanitation.

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(1) Cleaning of enclosures. Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the animals contained therein and to minimize disease hazards and to reduce odors. When enclosures are cleaned by hosing or flushing, adequate measures shall be taken to protect the animals confined in such enclosures from being directly sprayed with the stream of water or wetted involuntarily. (2) Sanitation of enclosures. Subsequent to the presence of an animal with an infectious or transmissible disease, cages, rooms and hard-surfaced pens or runs shall be sanitized either by washing them with hot water (180F. at source) and soap or detergent, as in a mechanical washer, or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with saturated live steam under pressure. Pens or runs using gravel, sand or dirt shall be sanitized when necessary. (3) Housekeeping. Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in this section. Accumulations of trash shall be placed in designated areas and cleared as necessary to protect the health of the animals. (4) Pest control. A safe and effective program for the control of insects, ectoparasites and avian and mammalian pests shall be established and maintained. (h) Employees. A sufficient number of adequately trained employees shall be utilized to maintain the professionally acceptable level of husbandry practices set forth in this section. Such employees shall be under a supervisor who has a background in animal care. (i) Separation. Animals housed in the same primary enclosure must be compatible. Animals shall not be housed near animals that interfere with their health or cause them discomfort. (j) Veterinary care. (1) Programs of disease prevention, parasite control, euthanasia and adequate veterinary care shall be established and

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maintained. The pest control program shall be reviewed for the safe use of materials and methods. (2) Animals shall be observed every day by the person in charge of the care of the animals or by someone working under his direct supervision. Sick or diseased, stressed, injured or lame animals shall be provided with veterinary care or humanely destroyed, unless such action is inconsistent with the research purposes for which the animal was obtained and is being held. (3) (A) In the case of a research facility, the program of adequate veterinary care shall include the appropriate use of anesthetic, analgesic or tranquilizing drugs, when such use would be proper in the opinion of the attending veterinarian at the research facility. The use of such drugs shall be in accordance with the currently accepted veterinary medical practice as cited in appropriate professional journals or reference guides, which shall produce in the individual subject animal a high level of tranquilization, anesthesia or analgesia consistent with the protocol or design of the experiment. (B) It shall be incumbent upon each research facility to provide guidelines and consultation to research personnel with respect to the type and amount of tranquilizers, anesthetics or analgesics recommended as being appropriate for each species of animal used by that institution. (C) The use of these three classes of drugs shall effectively minimize the pain and discomfort of the animals while under experimentation. (k) Handling. (1) Handling of animals shall be done expeditiously and carefully so as not to cause unnecessary discomfort, behavioral stress or physical harm to the animal. Care should be exercised also to avoid harm to the handler. (2) Animals to which the public is afforded direct contact shall only be displayed for periods of time and under conditions consistent with the animals' health and not leading to their discomfort.

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(3) During public display, the animals must be handled so there is minimal risk of harm to the public with sufficient distance allowed between such animal and the viewing public to assure safety to both the public and the animals. Performing animals shall be allowed a rest period between performances equal to the time for one performance. (l) Vehicles. (1) Vehicles used in transporting animals shall be mechanically sound and equipped to provide such animals adequate fresh air, both when moving and stationary, without injurious drafts or discomfort. (2) The animal cargo space shall be so constructed and maintained as to prevent the ingress of the vehicle's exhaust gases. (3) The interior of the animal cargo space shall be kept physically clean. (4) The ambient temperature shall be sufficiently regulated by heating or cooling to protect the animals from the extremes of temperature and to provide for their health and to prevent their discomfort. The ambient temperature shall not be allowed to fall below or rise above temperatures compatible with the health and comfort of the animals. (m) Primary enclosures used to transport animals. (1) Primary enclosures, such as compartments used to transport animals, shall be well-constructed, well-ventilated and designed to protect the health and assure the safety of the animals. Such enclosures shall be constructed or positioned in the vehicle in such a manner that each animal in the vehicle has access to sufficient air for normal breathing, the openings of such enclosures are easily accessible at all times for emergency removal of the animals and the animals are afforded adequate protection from the elements. (2) Animals transported in the same primary enclosure shall be compatible. Socially dependent animals (e.g., siblings, dam and young cagemates) must be allowed visual and olfactory contact.

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(3) Primary enclosures used to transport animals shall be large enough to insure that each animal contained therein has sufficient space to turn about freely and to make normal postural adjustments, provided, however, that certain species may be restricted in their movements according to professionally acceptable standards when such freedom of movement would constitute a danger to the animals or their handlers. (4) Animals shall not be placed in primary enclosures over other animals in transit unless each enclosure is fitted with a floor of a material which prevents animal excreta or other wastes from entering lower enclosures. (5) Primary enclosures used to transport animals shall be cleansed and sanitized before and after each shipment. All bedding in the vehicle shall be clean at the beginning of each trip. (n) Food and water requirements. (1) Potable water shall be provided to each animal at least once in each 12-hour period except as directed by hibernation, veterinary treatment or other professionally accepted practices. Those animals which, by common accepted practice, require watering more frequently shall be so watered. (2) Each animal shall be fed at least once in each 24-hour period except as directed by hibernation, veterinary treatment, normal fasts or other professionally accepted practices. Those animals which, by common accepted practice, require feeding more frequently shall be so fed. (3) A sufficient quantity of food and water shall accompany the animal to provide food and water for such animal for a period of at least 24 hours, except as directed by hibernation, veterinary treatment, normal fasts or other professionally accepted practices. (o) Care in transit. (1) It shall be the responsibility of the attendant or driver to inspect the animals frequently enough to assure the health and comfort of the animals.

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(2) In the event of a breakdown or delay of the vehicle, it is the responsibility of the animal caretaker or vehicle operator to assure that animals get adequate ventilation and protection from fumes, vehicle exhaust, extremes in temperature, and that the animals are not subjected to undue discomfort. (3) In an emergency concerning the health and welfare of the animals, adequate veterinary care shall be provided without delay. 45-1104. Release of Certain Wild Animals Prohibited . It shall be unlawful for any person to release from captivity a wild animal regulated by this Chapter or to import, transport, sell, transfer or maintain such a wild animal in such a manner as to pose a reasonable possibility that such wild animal may be released accidentally or escape from captivity. 45-1105. Disposition of Wild Animals Under Certain Circumstances . (a) Any wild animal imported, transported, sold, transferred or possessed in violation of any provision of this Chapter or any regulation promulgated pursuant thereto or any permit or license issued thereunder, may, at the option and expense of the owner or consignee, be returned to the point of origin or disposed of within the time specified in an administrative order issued by the Department. If the owner or consignee fails to exercise such option within the time specified in the order, the Department may seize and dispose of any such wild animal. (b) Notwithstanding subsection (a) of this section, where a wild animal regulated by this Chapter has escaped, the Department may destroy or authorize the destruction of such animal if it determines that such animal is posing a threat to the safety of human beings, or if it determines that there is very little likelihood of recapturing such animal. Provided, however, if such an animal is recaptured, the Department may return such animal to the permittee or licensee, or it may take or retain possession of such animal and allow such permittee or licensee to make arrangements for the disposition of such animal, which arrangements are subject to the approval of the Department, or it may dispose of such animal as it deems necessary to fulfill its responsibilities under this Chapter.

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45-1106. Powers of the Department . (a) The Department shall have the authority to prescribe the form and contents for the license and permit applications provided for in this Chapter. (b) The Department shall issue or deny all permits and licenses required by the provisions of this Chapter and any rules and regulations adopted pursuant thereto. (c) The Department may, prior to a hearing, issue a cease and desist order or other appropriate order to any person who is violating the provisions of this Chapter or of any regulation, permit or license issued pursuant thereto. (d) The Department may quarantine or otherwise dispose of or order the disposition of any wild animal when it determines that such wild animal is affected with or exposed to a contagious or infectious disease or is infested with a parasite or pest harmful to wildlife. 45-1107. Powers of the Board . (a) The Board shall have the authority to regulate the importation, transportation, sale and possession of wild animals when and to the extent that such importation, transportation, sale or possession poses a possibility of (1) harmful competition for wildlife, (2) the introduction of a disease or pest harmful to wildlife; (3) problems of enforcement of laws and regulations relating to wildlife, or (4) danger to wildlife or other natural resources; or (5) danger to the physical safety of human beings. (b) The Board is specifically authorized to supplement the list of wild animals set forth in this Chapter for which a permit or license, or both, is required. (c) The Board shall have the authority to establish standards for and to require inspection of the physical conditions and facilities in which any wild animal is imported, transported, possessed, exhibited, sold or transferred so as to insure humane treatment, maintenance of sanitation standards, and to prevent the escape or accidental release of such animal. (d) The Board shall have the authority to require that any listed wild animal that is imported, transported, possessed, sold

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or transferred by any person, including wholesale and retail dealers, must be labeled with the correct species, number, age or other information. (e) The Board shall have the authority to require such information for the application for a permit or license required under the provisions of this Chapter in such form as it deems necessary for the Department to discharge its responsibilities under this Chapter. Section 2. The following Acts and laws are hereby repealed, but in no case shall any prior Acts previously repealed be hereby restored, revised or otherwise reenacted: (1) That Act approved March 7, 1955 (Ga. L. 1955, p. 483), relating to game and fish and wildlife, as amended, including all amendments thereto, in particular an Act approved March 29, 1968 (Ga. L. 1968, p. 497). (2) That Act approved February 26, 1957 (Ga. L. 1957, p. 93), relating to the use of gill nets in tidal or salt waters. (3) That Act approved March 7, 1957 (Ga. L. 1957, p. 295), relating to the issuance of licenses and or permits for the establishment, maintenance, and/or operation of hunting preserves. (4) That Act approved April 9, 1963 (Ga. L. 1963, p. 476), relating to the hunting and taking of certain birds. (5) That Act approved April 14, 1967 (Ga. L. 1967, p. 634), relating to the taking, capturing or killing of diamondback terrapins. (6) That Act approved March 28, 1968 (Ga. L. 1968, p. 480), relating to the licensing of farms for the commercial production of alligators. (7) That Act approved March 20, 1970 (Ga. L. 1970, p. 474), relating to stealing fish raised under a fish farming program.

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(8) That Act approved March 21, 1970 (Ga. L. 1970, p. 591), relating to the taking and possession of saltwater crayfish, as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 955). (9) That Act approved April 19, 1973 (Ga. L. 1973, p. 1483), relating to conservation rangers and deputy conservation rangers, as amended, particularly by an Act approved April 2, 1974 (Ga. L. 1974, p. 1453) and an Act approved March 18, 1976 (Ga. L. 1976, p. 522). (10) That Act approved April 24, 1975 (Ga. L. 1975, p. 1254), relating to the importation, transportation, sale or possession of wild animals. (11) That Act approved March 18, 1976 (Ga. L. 1976, p. 475), relating to the owners of beehives destroying bears under certain conditions. (12) That Act approved March 24, 1976 (Ga. L. 1976, p. 645), relating to the issuance of permits to farmers to kill certain deer. (13) The enumeration of certain Acts herein as being repealed shall not be construed as excluding any not so expressly included, except as specifically provided hereafter, it being the intention of this Act as hereinbefore provided to constitute a comprehensive revision and supersession of all game and fish laws, and to this end, the doctrine of expressio unius est exclusio alterius shall not apply. Section 3. The following Acts shall not be construed as being repealed or modified hereby, but said Acts are continued in force and effect. (1) That Act approved March 27, 1970 (Ga. L. 1970, p. 939), entitled the Costal Marshlands Protection Act of 1970, as amended, particularly by an Act approved April 5, 1972 (Ga. L. 1972, p. 991). (2) That Act approved April 6, 1972 (Ga. L. 1972, p. 1125), relating to the Department of Administrative Services.

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(3) That Act approved March 16, 1973 (Ga. L. 1973, p. 139), entitled the Natural Resources Act of 1973, as amended, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 273). (4) That Act approved April 17, 1973 (Ga. L. 1973, p. 932), entitled the Endangered Wildlife Act of 1973. Section 4. It is the legislative intent to retain in full force and effect all existing rules and regulations promulgated by the Game and Fish Commission or by the Board of Natural Resources under the authority of an Act approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, or under the authority of any other Act specifically repealed by this Act, or under the authority of any other Act dealing with wildlife, and all such rules and regulations in effect on the effective date of this Act shall remain in full force and effect until repealed or amended by the Board of Natural Resources under the authority of this Act, except as any such rule or regulation is repealed by the provisions of this Act. 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. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1977.

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CONSUMERS' UTILITY COUNSEL ACT OF 1977. No. 236 (Senate Bill No. 272). An Act to create the position of Consumers' Utility Counsel; to provide for a statement of purpose and intent; to provide for definitions, to provide for the appointment and employment of the Consumers' Utility Counsel; to provide for the qualifications, compensation, expenses, powers, duties and authority of the Consumers' Utility Counsel; to prohibit any person employed as Consumers' Utility Counsel from engaging in certain activities; to provide for penalties; to authorize the Consumers' Utility Counsel to appear on behalf of consumers in certain proceedings; to provide for practices and procedures; to provide for service and notice; to require the Public Service Commission to give certain written notice of proceedings; to provide for depositions and discovery; to provide for orders, injunctions, subpoenas and actions; to provide for the employment of certain people and their compensation; to provide for the furnishing of services, to provide for access to certain records, files, reports, documents and other information; to provide for the construction of this Act; to provide for other matters relative to the foregoing; to repeal Code Chapter 93-3A, relating to the Consumers' Utility Counsel; to provide an effective date and an automatic repeal of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The General Assembly hereby recognizes the importance of effective and economical public utilities to the economy of the State of Georgia. It is further recognized that the citizens of Georgia should receive adequate utility services at the lowest reasonable cost to the consumer while maintaining the ability of public utilities to furnish their products and services. It is further recognized that the Georgia Public Service Commission has been established for the purpose of regulating public utilities and the rates which they charge the consumer and that the Commission is responsible for representing the public interest. The General Assembly is aware, however, that the Public Service Commission must be furnished with all available information concerning the effects of its decisions in rate cases and

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proceedings before it. It is the purpose of this Act to insure that the Public Service Commission receives such information, particularly in those cases which directly involve the vast majority of Georgia's citizens. Section 2. As used in this Act: (a) Administrator means the administrator of the Fair Business Practices Act of 1975, approved April 10, 1975 (Ga. L. 1975, p. 376), as the same may now or hereafter be amended. (b) Consumer means an individual who is a personal, noncommercial user of the product or service of a public utility which is under the jurisdiction of the Georgia Public Service Commission. Consumer shall also mean and include any sole proprietorship, partnership, or corporation which is a commercial user of the product or service of a public utility which is under the jurisdiction of the Georgia Public Service Commission and which has 10 or fewer employees or a net income after taxes of $100,000 per annum or less for federal income tax purposes. Definitions. Section 3. (a) There is hereby created the position of Consumers' Utility Counsel, which shall be attached for administrative purposes only, as that term is defined in section 3 of the Executive Reorganization Act of 1972, to the office of the Administrator of the Fair Business Practices Act of 1975. The Consumers' Utility Counsel shall be appointed by the Attorney General and shall serve at his pleasure. The Consumers' Utility Counsel shall be a practicing attorney qualified by knowledge and experience to practice in public utility proceedings. The Consumers' Utility Counsel shall receive compensation in an amount to be determined by the Attorney General, but not to exceed that provided or authorized by law for the District Attorney for the Atlanta Judicial Circuit. In addition to such compensation, the Consumers' Utility Counsel shall also receive reimbursement for his reasonable and necessary expenses incurred in the performance of his duties, as provided by law for State employees. No person employed as Consumers' Utility Counsel shall engage in the private practice of law while employed as Consumers' Utility Counsel. The actions of the Consumers' Utility Counsel shall be reviewed annually by the appropriate committees of the House and Senate. Creation.

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(b) During the period of his employment, and for a period of five years following the termination of his employment, it shall be unlawful for any person employed as Consumers' Utility Counsel to directly or indirectly provide legal services to, or be employed in any capacity by, a public utility, its parent or its subsidiary companies, corporations or cooperatives, but such person may otherwise engage in the private practice of law after the termination of his employment as Consumers' Utility Counsel. Any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than 1 nor more than 5 years or by a fine of not more than $5,000, or both. Section 4. (a) The Consumers' Utility Counsel shall be entitled to appear, as a party or otherwise, on behalf of the consumers of this State of services provided by any person, firm or corporation subject to the jurisdiction of the Georgia Public Service Commission, and on behalf of the consumers of this State, in all proceedings before the Georgia Public Service Commission which may involve or affect rates for service or services of utilities and in all other proceedings before the Georgia Public Service Commission under its regulatory jurisdiction over utilities. Functions. (b) The Consumers' Utility Counsel may also appear in the same representative capacity in similar administrative proceedings affecting the consumers of this State before any federal administrative agency or body which has regulatory jurisdiction over rates, services, and similar matters with respect to services provided by any person, firm, or corporation under a franchise, certificate of public convenience and necessity, or similar instrument issued by such agency or body. (c) The Consumers' Utility Counsel shall be authorized in the same representative capacity to initiate proceedings, by complaint or otherwise, before any federal or State administrative agency, before whom he is otherwise authorized to appear, with respect to matters properly within the cognizance of those agencies. (d) The Consumers' Utility Counsel shall be authorized in the same representative capacity to initiate, or intervene as of right

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or otherwise appear in, any judicial proceedings involving or arising out of any action taken by an administrative agency in a proceeding in which the Consumers' Utility Counsel was authorized to appear under subsections (a), (b) or (c) of this section. Section 5. (a) In addition to other requirements of service and notice now imposed by law, a copy of any application, correspondence, complaint, pleading, paper or notice to or issued by the Georgia Public Service Commission shall also be served on the Consumers' Utility Counsel. The Commission shall not proceed to hear or determine any petition, complaint, or proceeding in which the Consumers' Utility Counsel is entitled to appear unless it shall affirmatively appear that the Consumers' Utility Counsel was given at least 10 days' written notice thereof, unless such notice is affirmatively waived in writing or the Consumers' Utility Counsel appears and specifically waives such notice. (b) The Consumers' Utility Counsel is hereby authorized to take depositions and obtain discovery of any matter, not privileged, which is relevant to the subject matter involved in any proceeding or petition before the Public Service Commission in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pending before a superior court. The superior courts and the judges and clerks thereof are hereby authorized to issue all orders, injunctions, subpoenas, and to take all actions necessary to carry out the provisions of this subsection. Section 6 . The Consumers' Utility Counsel is hereby authorized to employ such assistance as may be needed by the Consumers' Utility Counsel and is hereby authorized to employ, and fix the compensation of, such consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance, including expert witnesses, as may be necessary to carry out the duties of the Consumers' Utility Counsel. The compensation of the Consumers' Utility Counsel and such staff shall be paid from State funds appropriated or otherwise made available for such purposes. Personnel. Section 7 . Services of all engineers, experts, accountants and other technical assistants employed by the Georgia Public Service

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Commission shall be available to the Consumers' Utility Counsel in the performance of his duties, and such engineers, experts, accountants and technical assistants shall make such appraisals and audits as the Consumers' Utility Counsel, with the approval of the Georgia Public Service Commission, may request. The Consumers' Utility Counsel and his staff shall have access to all records, files, reports, documents, and other information in the possession or custody of the Public Service Commission to the same extent as the members of the Commission and its staff have access thereto and subject to the same limitations imposed on the use thereof. Section 8 . The provisions of this Act shall not be construed to prevent any party interested in any proceeding, suit or action before the Georgia Public Service Commission, any court or any administrative body, from appearing in person or by counsel in such proceeding, suit or action. Section 9 . This Act shall become effective on July 1, 1977, and shall be automatically repealed on July 1, 1979. Effective date. Section 10 . Code Chapter 93-3A, relating to the Consumers' Utility Counsel, is hereby repealed in its entirety. Section 11 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1977. CLAYTON JUDICIAL CIRCUITADDITIONAL SUPERIOR COURT JUDGES AUTHORIZED. No. 237 (House Bill No. 32). An Act to add one additional judge of the Superior Court of the Clayton Judicial Circuit of Georgia, so as to provide for three judges in said court; to provide for the appointment, election and term of office of said judge; to fix a time at which he shall begin his term of office; to require candidates for such

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judgeships to designate the places for which they are running; to prescribe the powers, duties, jurisdiction, privileges and immunities of said judge; to provide for a chief judge and to prescribe his powers, duties and privileges; to prescribe the compensation, salary and expense allowance of said judge to be paid by the State of Georgia; to provide for the issuance of official papers, and before whom heard; to provide manner of drawing and impaneling jurors; to authorize the governing authority of Clayton County 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 1976, one additional judge of the Superior Court for the Clayton Judicial Circuit of Georgia is hereby added, thereby increasing to three (3) the number of judges of the superior court for said circuit. Section 2. The Governor shall appoint the additional judge who shall assume office July 1, 1977, and shall serve through December 31, 1978. The additional judge shall be elected at the general election in 1978 for a full term of four years beginning January 1, 1979, and until his successor is elected and qualified. All subsequent elections for such judge shall be thereafter as provided by law. Section 3. Every person who shall offer for nomination and election as one of the judges of the Superior Court for the Clayton Judicial Circuit of Georgia, shall designate with the local party authority in all primaries and with the proper authority in all general elections, the specific judgeship for which he is offering as candidate by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified to offer as a candidate for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to offer as a candidate for the office for which there is no incumbent. Candidates.

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Section 4. The additional judge of the Superior Court for the Clayton Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. All of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Section 5. The judge of said court, senior in length of continuous service as a superior court judge, shall be the chief judge of the Clayton Judicial Circuit. Such chief judge shall be responsible for the administration and the expeditious disposition of the business of the superior court of said circuit, both civil and criminal, and shall have power to make such rules as he shall deem necessary or proper for such purpose, but not in conflict with the general laws of this State, which rules, when approved by said chief judge and filed in the office of the clerk, Clayton Superior Court, shall be binding upon the other judges of said circuit. He shall be vested with power to make all appointments whenever the law provides for the superior court judge to make appointments. Such chief judge may by published rule, or from time to time by order, allocate the jurisdiction and powers of the superior court of said circuit, and the duties of the judges thereof; may assign to the other judges of said circuit such of the business of said circuit as he shall deem appropriate; may make and publish calendars, civil and criminal; may require reports from the clerk of court of said circuit and the other judges of said circuit relative to business of the court; and generally shall supervise and direct the disposition of all business, civil and criminal, of said court. Chief judge. Section 6 . The compensation, salary and expense allowance of said additional judge of the Superior Court for the Clayton Judicial Circuit of Georgia shall be the same as that provided by the State of Georgia for other judges of the superior courts of Georgia and all local supplements now in effect or hereinafter provided. Section 7 . All writs, processes, orders, subpoenas and any other official papers issuing out of the Superior Court of the

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Clayton Judicial Circuit shall bear teste in the name of the chief judge of said Clayton Judicial Circuit unless otherwise provided for by said chief judge. When issued by and in the name of any judge of said circuit, it shall be fully valid and may be determined before any judge in the regular course of business of said court. Section 8. The drawing and impaneling of all jurors, whether grand, petit, or special, shall be by the chief judge, unless otherwise provided for by said chief judge. All of said judges shall have full power and authority to draw and impanel jurors for service in said court so as to have jurors for the trial of cases before any of said judges separately, or before each of them at the same time. Section 9. Upon request of the chief judge, the Board of Commissioners of Clayton County is hereby authorized to furnish all 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. Section 10. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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YEAR'S SUPPORTNOTICE PROVISIONS CHANGED. Code 113-107 Repealed; Code Ch. 113-10 Amended. No. 238 (House Bill No. 39). An Act to repeal Code section 113-107; to amend Code Chapter 113-10, relating to year's support to family, so as to provide for notice to interested persons in an unrepresented and represented estate and in an estate treated as if it had no representative; to provide for notice to persons who were minors at the time of a year's support for the joint benefit of the widow and minor children where the applicant seeks to convey or encumber said property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 113-1002, relating to appraisers for year's support to family, is hereby amended by striking the words on notice to the representative of the estate (if there be one, and if none, without notice). Section 2. Code Chapter 113-10 is hereby amended by adding after Code section 113-1005, relating to year's support and appraisers' return, the following new Code sections 113-1005.1, 113-1005.2 and 113-1005.3: 113-1005.1. If there is a representative of the decedent's estate, then in addition to the requirements of Code section 113-1005, the Judge of the Probate Court or his clerk shall cause a copy of the citation to be sent by mail to the representative of the decedent's estate. The copy of the citation shall be sent not less than twenty-one days prior to the date and time shown in the citation. Notice to representative. 113-1005.2. If there is no representative of the decedent's estate, then, in addition to the requirements of Code section 113-1005, the applicant or the attorney for the applicant shall file with the Probate Court an affidavit, upon oath, (a) showing the name, last known address, if known, and age (if less than age 18) of each interested person and (b) stating that the applicant or

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the attorney for the applicant has listed all interested persons known to him and that he has made reasonable inquiry to ascertain the names, last known addresses, and ages of all interested persons. The Judge of the Probate Court or his clerk shall cause a copy of the citation to be sent by mail to each interested person shown on the aforementioned affidavit. The copy of the citation shall be sent not less than twenty-one days prior to the date and time shown in the citation. If any of the interested persons are minors or have been adjudicated incompetent, guardians-adlitem shall be appointed by the Court or the year's support proceedings shall not be conclusive as to them. The term `interested person' as used in this section shall be deemed to refer to the following: decedent's heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against the estate of a decedent which may be affected by the year's support proceeding. Notice when no representative. 113-1005.3. If the sole representative of the decedent's estate and the applicant or the guardian of the applicant are the same person, then the provisions of Code section 113-1005.2 referring to an unrepresented estate shall govern as if the decedent's estate had no representative. Section 3. Code section 113-1026, relating to year's support and application for judge's approval, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 113-1026, to read as follows: 113-1026. Same; application for judge of the probate court's approval; date for hearing; service; objections. The approval of the judge of the probate court required by the preceding section shall be obtained in the following manner: The widow shall make application in writing, under oath, to the judge of the probate court, stating the purpose or purposes of the proposed conveyance or incumbrance, describing the property she desires to convey or encumber, the nature of the proposed conveyance or incumbrance, and the names, last known addresses, and ages of the children for whose benefit the year's support was set apart. If the widow not be in life, such application may be made by the guardian for any one or more of the children for whose benefit the year's support was set apart.

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Thereupon, the judge of the probate court shall set a date for hearing on the application and appoint a guardian ad litem to represent the minor beneficiaries, who shall accept the appointment in writing. Service shall be made by publishing notice of the date and purpose of the hearing once in the newspaper in which sheriff's sales for said county are advertised and posting a copy of the notice at the courthouse not less than 10 days prior to the date set for such hearing. In addition to the requirements of the preceding sentence, the judge of the probate court or his clerk shall cause a copy of the notice to be sent by mail to each child for whose benefit the year's support was set apart who has attained age 18 at the time the application is filed. Said notice shall be sent not less than 10 days prior to the date set for such hearing. Objections, if any, shall be made in writing. Year's support. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. SUPERIOR COURT CLERKS' MINIMUM SALARIES CHANGED. No. 239 (House Bill No. 58). An Act to amend an Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. L. 1973, p. 256), so as to change the minimum salaries; to repeal the provisions relating to longevity increases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. L. 1973, p. 256), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the

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superior court in each county of the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any future such census. Each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0- 5,999 $ 9,000 6,000- 11,999 12,000 12,000- 19,999 14,000 20,000- 29,999 15,000 30,000- 39,999 16,000 40,000- 49,999 17,000 50,000- 99,999 18,000 100,000-199,999 19,000 200,000-and up 20,000. Section 2. Said Act is further amended by striking section 3, which reads as follows: Section 3. The amounts provided in sections 1 and 2 of this Act shall be increased by two and one-half (2-1/2) percent for each year in office served by any clerk, figured at the end of each such period of service, provided, however, that such increase shall not apply to any clerk whose minimum salary as set forth in section 1 above exceeds $12,000 per annum. The provisions of this section shall not be construed to affect any provisions of local legislation except where such local legislation provides for a salary lower than the salary provided in this Act, in which event the provisions of this Act shall prevail. Such increase shall not have retroactive effect. The increase per year provided in this section shall not apply to any year completed prior to the effective date of this Act. This Act shall not be construed to reduce the salary of any clerk of the superior court presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment and other necessary and reasonable expenses for the operation of a clerk's office shall come from funds other than the funds specified as salary in this Act., in its entirety.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. GEORGIA FIREFIGHTER STANDARDS AND TRAINING ACT AMENDED. No. 240 (House Bill No. 77). An Act to amend an Act known as the Georgia Firefighter Standards and Training Act, approved April 10, 1971 (Ga. L. 1971, p. 693), as amended, particularly by an Act approved April 7, 1976 (Ga. L. 1976, p. 1725), so as to provide that the Georgia Firefighter Standards and Training Council shall be assigned to the Department of Public Safety; to provide for funding 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. An Act known as the Georgia Firefighter Standards and Training Act, approved April 10, 1971 (Ga. L. 1971, p. 693), as amended, particularly by an Act approved April 7, 1976 (Ga. L. 1976, p. 1725), is hereby amended by striking subsection (b) of section 4 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The Council is hereby assigned to the Department of Public Safety for administrative purposes. The funds necessary to carry out the provisions of this Act shall come from funds appropriated to and available to the Georgia Firefighter Standards and Training Council, and from any other available funds. The Council is hereby authorized to accept and use gifts, grants and donations for the purpose of carrying out the provisions of this Act. The Council is also authorized to accept and use property, both real and personal, and services, for the purpose of carrying out the provisions of this Act.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. ELECTION CODE AND MUNICIPAL ELECTION CODE AMENDEDCERTAIN ABSENTEE BALLOTS AUTHORIZED. Code Titles 34 and 34A Amended. No. 241 (House Bill No. 86). An Act to amend Code Title 34, also known as the Georgia Election Code, so as to provide for absentee ballot applications by members of the Armed Forces, the merchant marine and their spouses and dependents; to amend Code Title 34A, also known as the Georgia Municipal Election Code, so as to provide for absentee ballot applications by members of the Armed Forces, the merchant marine and their spouses and dependents; to provide a severability clause; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34, also known as the Georgia Election Code, is hereby amended by adding at the end of subsection (a) of Code section 34-1402 the following: Provided, one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery, to an eligible absentee elector who lives outside the county in which said election is held and is also a member of the Armed Forces of the United States, a member of the merchant marine of the United States or a spouse or dependent of a member of the Armed Forces or the merchant marine residing with or accompanying said member, an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further,

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such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the Presidential Preference Primary held pursuant to Chapter 34-10A of this Code and for any special election or special primary. Section 2. Code Title 34A, also known as the Georgia Municipal Election Code, is hereby amended by adding at the end of subsection (a) of Code Section 34A-1304 the following: Provided, one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery, to an eligible absentee elector who lives outside the county in which said election is held and is also a member of the Armed Forces of the United States, a member of the merchant marine of the United States or a spouse or dependent of a member of the Armed Forces or the merchant marine residing with or accompanying said member, an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such an election. In any event, a separate and distinct application for an absentee ballot shall be required for any special election or special primary. 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 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.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. HANDICAPPED PERSONSACCESS TO BUILDINGS AND FACILITIES PROVIDED. No 242 (House Bill No. 91). An Act to provide for adequate access to buildings and facilities constructed in this State by handicapped, elderly and disabled persons, whether in the course of public or private business; to amend an Act providing that buildings and facilities constructed in the State by the use of federal, State, county or municipal funds shall adhere to certain requirements in order to make such buildings and facilities accessible to the physically handicapped, approved April 3, 1972 (Ga. L. 1972, p. 750), so as to change the policy of the State of Georgia concerning the accessibility of buildings and facilities to handicapped or elderly persons; to change the provisions relating to the application of the Act; to change certain definitions; to change the provisions relating to walks, driveways and parking lots; to change the provisions relating to site development; to change provisions relating to enforcement of the Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that buildings and facilities constructed in the State by the use of federal, State, county or municipal funds shall adhere to certain requirements in order to make such buildings and facilities accessible to the physically handicapped, approved April 3, 1972 (Ga. L. 1972, p. 750), is hereby amended by striking section 1, which reads as follows: Section 1. Policy. The provisions of this Act are enacted to further the policy of the State of Georgia to encourage and promote the rehabilitation of handicapped or disabled citizens. It is

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the intent of this Act to eliminate, insofar as possible, unnecessary barriers encountered by aged, handicapped or disabled persons, whose ability to engage in gainful occupations or to achieve maximum personal independence is needlessly restricted when such persons cannot readily use public buildings., in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. Policy. The provisions of this Act are enacted to further the policy of the State of Georgia to encourage and enable handicapped or elderly persons to participate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this Act to eliminate, insofar as possible, unnecessary physical barriers encountered by handicapped or elderly persons whose ability to participate in the social and economic life of this State is needlessly restricted when such persons cannot readily use government buildings, public buildings and facilities used by the public. Policy. Section 2. Said Act is further amended by striking subsection (a) of section 2, which reads as follows: (a) The standards and specifications set forth in this Act shall apply to all buildings and facilities used by the public which are constructed in whole or in part by the use of State, county, or municipal funds, or the funds of any political subdivisions of the State. To such extent as is not contraindicated by federal law or beyond the State's power of regulation, these standards shall also apply to buildings and facilities constructed in this State through partial or total use of federal funds. All buildings and facilities constructed in this State, or substantially renovated, modified, or altered, after the effective date of this Act from any one of these funds or any combination thereof shall conform to each of the standards and specifications prescribed herein except where the governmental department, agency, or unit concerned shall determine, after taking all circumstances into consideration, that full compliance with any particular standard or specification is impracticable. Where it is determined that full compliance with any particular standard or specification is impractical, the reasons for such determination shall be set forth in written form by those making the determination and forwarded to the State

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Fire Marshal. If it is determined that full compliance is not practicable, there shall be substantial compliance with the standard or specification to the maximum extent practical, and the written record of the determination that it is impractical to comply fully with a particular standard or specification shall also set forth the extent to which an attempt will be made to comply substantially with the standard or specification., in its entirety and inserting in lieu thereof a new subsection (a) of section 2 to read as follows: (a) The standards of specification set forth in this Act shall apply to all government buildings, public buildings and facilities constructed or substantially renovated after the effective date of this Act; provided, however, the only standards and specifications applicable to rental apartment complexes and temporary lodging facilities as defined in section 4 (h) and covered by the provisions of this Act shall be to require each entrance to the building where such units are located, and all doors providing entrance to and within said units to be of a width usable by individuals in wheelchairs, and those standards set forth in section 6(c) relating to parking spaces; and provided, however, that the State Fire Marshal, or (where applicable) the Board of Regents of the University System, or the local governing authority having jurisdiction over the buildings in question, upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building or facility subject to the requirements of this Act and after taking all circumstances into consideration, may determine that full compliance with any particular standard or specification set forth herein is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical, and within 45 days of such determination a written record shall be made by the Safety Fire Commissioner or (where applicable) the Board of Regents or the local governing authority having jurisdiction over the buildings in question, setting forth the reasons why it is impractical for the person subject to the Act to comply fully with the particular standard or specification and also setting forth the extent to which the government building, public building or facility shall conform with the standard or specification. The Safety Fire Commissioner or (where applicable) the Board of Regents or the local governing

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authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted. Buildings affected. Section 3. Said Act is further amended by striking section 3, which reads as follows: Section 3. Scope and Purpose. (a) This Act is concerned with nonambulatory disabilities, semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of coordination and aging. (b) It is intended to make all buildings and facilities covered by this Act accessible to, and functional for, the physically handicapped to, through and within their doors, without loss of function, space, or facilities where the general public is concerned., in its entirety. Section 4. Said Act is further amended by striking section 4, relating to definitions, in its entirety and inserting in lieu thereof a new section 4 to read as follows. Section 4. Definitions. For the purpose of this Act the following terms have the meanings as herein set forth: Definitions. (a) `Standard', when this term appears in small letters, is descriptive and means typical type. (b) `Fixed turning radius, wheel to wheel' means the tracking of the caster wheels and large wheels or a wheelchair when pivoting on a spot. (c) `Fixed turning radius, front structure to rear structure' means the turning radius of a wheelchair, left front-foot platforms to right rear wheel, or right front-foot platform to left rear wheel when pivoting on a spot. (d) `Ramps, ramps with gradients' means ramps with gradients (or ramps with slopes) that deviate from what would otherwise be considered the normal level. An exterior ramp, as

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distinguished from a `walk', shall be considered an appendage to a building leading to a level above or below existing ground level. As such, a ramp shall meet certain requirements similar to those imposed upon stairs. (e) `Walk, walks' means a predetermined, prepared surface, exterior pathway or sidewalk leading to or from a building or a facility, or from one exterior area to another, places on the existing ground level and not deviating from the level of the existing ground immediately adjacent. (f) `Appropriate number' means the number of a specific item that would be reasonably necessary, in accord with the purpose and function of a building or a facility, to accommodate individuals with specific disabilities in proportion to the anticipated number of individuals with disabilities who would use a particular building or facility. (g) `Government buildings' shall include all buildings, structures, streets, sidewalks, walkways, and access thereto, used by the public or in which handicapped or elderly persons may be employed, that are constructed or substantially renovated in whole or in part by use of State, county or municipal funds or the funds of any political subdivisions of the State; and, to the extent not required otherwise by federal law or regulations and not beyond the power of the State to regulate, all buildings and structures used by the public which are constructed or substantially renovated in whole or in part by use of federal funds. (h) `Public buildings' shall include all buildings, structures, streets, sidewalks, walkways, and access thereto, used by the public or in which handicapped or elderly persons may be employed that are constructed or substantially renovated by the use of private funds, including rental apartment complexes of twenty units or more originally constructed after July 1, 1978, and temporary lodging facilities of twenty units or more, except that the provisions of this Act shall apply to only 5% of those units or a minimum of one unit, whichever is greater; provided that the provisions of this Act shall not apply to a private single family residence, duplex, triplex or condominium; and provided further, that section 12(f) and (g), section 13, section 14, section

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15, section 17 and section 19 shall not apply to apartment units or to guest rooms in temporary lodging facilities. (i) `Facilities' shall include, but are not limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other man-made or developed area used by the public. (j) `Substantial renovation' shall mean a construction project costing at least 20% of the assessed value for tax purposes at the time of the renovation. Provided, however, that the provisions of this subsection shall not be applicable to rental apartment complexes and temporary lodging facilities. Section 5. Said Act is further amended by striking from subsection (b) of Section 6 the following: Wherever walks cross other walks, driveways, or parking lots, they shall blend to a common level., and inserting in lieu thereof the following: Wherever walks cross other walks, or touch driveways or parking lots, they shall blend to a common level by the use of curb cuts or ramps., so that when so amended subsection (b) of section 6 shall read as follows: (b) Public walks shall be at least 48 inches wide and shall have a gradient not greater than 5 percent. These walks shall be of continuing common surface, not interrupted by steps or abrupt changes in level. Public walks. Wherever walks cross other walks, or touch driveways or parking lots, they shall blend to a common level by the use of curb cuts or ramps. A walk shall have a level platform at the top which is at least 5 feet by 5 feet if a door swings out onto the platform or toward the walk. This platform shall extend at least one foot beyond each side of the doorway. A walk shall have a level platform at least 3 feet deep and 5 feet wide, if the door does not swing onto the platform or toward the walk. This platform shall extend at least one foot beyond each side of the doorway. For

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public school construction on sites where variation in typography is considerable, only the walk giving the handicapped person access to the facility shall be required to meet the specifications provided for herein. Section 6. Said Act is further amended by striking section 20, which reads as follows: Section 20. Responsibilities for Enforcement. (a) The responsibility for administration and enforcement of this Act shall reside primarily in the State Fire Marshal but the State Fire Marshal shall have the assistance of appropriate State rehabilitation agencies in carrying out his responsibilities under this Act. In enforcing this Act, the State Fire Marshal shall also receive the assistance of all appropriate elective or appointive public officials. The State Fire Marshal shall from time to time inform professional organizations and others of this law and its application. (b) The State Fire Marshal shall have all necessary powers to require compliance with its rules and regulations and modifications thereof and substitutions therefore, including powers to institute and prosectue proceedings in the Superior Court to compel such compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceeding. (c) The State Fire Marshal, after consultation with State rehabilitation agencies and other sources as he might determine, is authorized to promulgate such rules and regulations as might reasonably be required to implement and enforce this Act. The State Fire Marshal, after consultation with State rehabilitation agencies, is also authorized to waive any of the standards and specifications presently set forth in this Act and to substitute in lieu thereof standards or specifications consistent in effect to such standards or specifications heretofore adopted by the American Standards Association, Inc. (d) The Board of Regents of the University System of Georgia shall be responsible for the enforcement of this Act on all properties under its jurisdiction. In all other instances, the responsibility for enforcement of this Act shall be in the State Fire Marshal.,

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in its entirety, and inserting in lieu thereof a new section 20, to read as follows: Section 20. Responsibilities for Enforcement and Administration of the Act. (a) The Safety Fire Commissioner shall be responsible for the administration and enforcement of this Act with respect to those buildings described in section 8 of an Act creating the Office of the Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, particularly by an Act approved April 14, 1967 (Ga. L. 1967, p. 619), except as otherwise provided for in subsections (a) and (b) of this section. Enforcement. (b) The Board of Regents shall be responsible for the administration and enforcement of this Act with respect to all properties under its jurisdiction. (c) Local governing authorities shall be responsible for the administration and enforcement of this Act with regard to all other buildings described in section 4(h) of this Act which are under their jurisdiction. (d) All State rehabilitation agencies and appropriate elective or appointive officials shall be required to cooperate with and assist the Safety Fire Commissioner, the Board of Regents, and the appropriate local building code officials or local fire department, or both, having jurisdiction over the buildings in question in the performance of their responsibilities under this Act. (e) The Safety Fire Commissioner, the Board of Regents, and the local building code officials or the local fire department, or both, having jurisdiction over the buildings in question shall from time to time inform, in writing, professional organizations and others of this law and its application. (f) The Safety Fire Commissioner, the Board of Regents, and the local governing authority having jurisdiction over the buildings in question shall have all necessary powers to require compliance with its rules, regulations and procedures, and modifications thereof and substitutions therefor, including powers to institute and prosecute proceedings in the superior court to compel such compliance, and shall not be required to

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pay any entry or filing fee in connection with the institution of such proceeding. (g) The Safety Fire Commissioner, the Board of Regents, and the local governing authority having jurisdiction over the buildings in question, after consultation with State rehabilitation agencies and other sources as they might determine, are authorized to promulgate such rules, regulations, and procedures as might reasonably be required to implement and enforce their responsibilities under this Act. The Safety Fire Commissioner, the Board of Regents, and the local governing authority having jurisdiction over the buildings in question, after consultation with State rehabilitation agencies, are also authorized to waive any of the standards and specifications presently set forth in this Act and to substitute in lieu thereof standards or specifications consistent in effect to such standards or specifications heretofore adopted by the American Standards Association, Inc. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. ALCOHOLIC BEVERAGESCERTAIN SALES IN RESTAURANTS AUTHORIZED IN SOME COUNTIES (100,000 TO 150,000). No. 243 (House Bill No. 144). An Act to provide that in all counties of this State having a population of not less than 100,000 and not more than 150,000, according to the United States Decennial Census of 1970 or any future such census, and in certain municipal corporations and portions of municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized by ordinance of the governing body of such county or municipality, whichever is applicable, such sales for consumption on the premises shall be authorized in certain

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establishments during certain hours; to define a certain term; to provide for licenses and license fees; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The provisions of any other law of this State to the contrary notwithstanding, in all counties of this State having a population of not less than 100,000 and not more than 150,000, according to the United States Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, by ordinance of the governing body of such county or municipality, such sales for consumption on the premises of bona fide full-service restaurants as defined herein shall be authorized at any time from 11:55 p.m. on Saturdays and until 2:00 a.m. on Sundays; provided, however, that the provisions of this section shall not apply to any geographic area of any municipal corporation which is located outside of the limits of any county covered by the provisions of this Act. Hours of sale affected. (b) For the purposes of this section, bona fide full-service restaurant shall mean an established place of business (1) which is licensed to sell alcoholic beverages, distilled spirits, malt beverages or wines for consumption on the premises; and (2) where meals with substantial entrees selected by the patron from a full menu are served; and (3) which has adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises; and (4) which derives at least 50% of its gross income from the sale of such meals prepared, served and consumed on the premises.

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(c) The governing body of such a county or municipality may, by ordinance, authorize any other establishment otherwise licensed to sell alcoholic beverages, distilled spirits, malt beverages or wines for consumption on the premises to engage in such sales at any time from 11:55 p.m. on Saturdays and until 2:00 a.m. on Sundays; provided, however, that the proviso in subsection (a) applicable to municipalities shall also be applicable to sales in establishments pursuant to this subsection. (d) The governing body of such a county or municipality is hereby authorized to provide for special licenses for and charge a license fee to establishments which engage in sales of such beverages at any time from 11:55 p.m. on Saturdays and until 2:00 a.m. on Sundays. The license fee shall be set by the governing body. Section 2. After the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of each county having a population of not less than 100,000 and not more than 150,000, according to the United States Decennial Census of 1970 or any future such census, to issue the call for an election for the purpose of submitting to the electors of each such county the question of whether section 1 of this Act shall be approved or rejected. The superintendent shall set the date of such election to coincide with the date of the first regular election or special election, whichever occurs first, held in any such county after the effective date of this section; provided, however, that the date of the election shall be not less than 30 nor more than 45 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 each such county. Referendum. The ballot shall have written or printed thereon the words: [UNK] YES [UNK] NO Shall the provisions of the Act authorizing the governing body of this county and municipalities located therein to permit the sale of alcoholic beverages, distilled spirits, malt beverages and wines for consumption on the premises at any time from 11:55 p.m. on Saturdays and until 2:00 a.m. on Sundays be approved?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 such counties. 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. Section 3. Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. MIDDLE JUDICIAL CIRCUITADDITIONAL SUPERIOR COURT JUDGES AUTHORIZED, ETC. No. 244 (House Bill No. 145). An Act to add one additional judge to the Superior Courts of the Middle Judicial Circuit of Georgia; to provide for the appointment of the initial additional judge and his term of office; to provide for the subsequent election and term of office of said judge; to fix a time at which he shall begin his term of office; to require candidates for such judgeships to designate the places for which they are running; to prescribe the powers, duties, jurisdiction, privileges and immunities of said judge; to prescribe the qualifications of said judge; to prescribe the compensation, salary, and expense allowance of said judge; to prescribe the terms of said courts; to authorize the judges of said courts to divide and allocate the work and duties thereof; to provide for a chief judge and to prescribe his powers, duties, and privileges; to provide for the issuance of official papers

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and before whom heard; to provide the manner of drawing and impaneling jurors; to provide for an additional court reporter; to authorize the governing authority of each county comprising the Middle 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 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 1976, one additional judge of the Superior Courts of the Middle Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit. Section 2. The additional judge provided for herein shall be appointed by the Governor and, when so appointed, shall serve for an initial term of office ending on December 31, 1978, and a successor shall be elected at the November general election in 1978 for a full term of four years beginning January 1, 1979, and until his successor is duly elected and qualified. The judge shall be elected as provided by law in all subsequent elections. Term of office. Section 3. Every person who shall offer for nomination and election as one of the judges of the Superior Courts of the Middle Judicial Circuit of Georgia shall designate with the State party authority in all primaries and with the proper authority in all general elections the specific judgeship for which he is offering as a candidate by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to offer as a candidate for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to offer as a candidate for the office for which there is no incumbent. Candidates. Section 4. The additional judge of the Superior Courts of the Middle Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges and immunities of the present judges of the superior courts of this State.

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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 and duties. 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 Middle Judicial Circuit. Section 6. All writs and processes in the Superior Courts of the Middle 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. Terms of Court. Section 7. The two judges of the Superior Courts for the Middle 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 chief judge and shall continue as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the chief judge. The chief judge shall be vested with the power to make all appointments whenever the law provides for the superior court judge to make appointments. The two judges of the Superior Courts of the Middle 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

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said circuit, or they may both or any one of them hear chamber's business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control. Chief judge Section 8. All writs, processes, orders, subpoenas and any other official papers issuing out of the Superior Courts of the Middle Judicial Circuit may bear teste in the name of either judge of said Middle Judicial Circuit. When issued by and in the name of either judge of said circuit, they shall be fully valid and may be determined before either judge in the regular course of business of said courts. Either judge of said courts may preside over any cause therein and perform any official act as judge thereof. Section 9. The drawing and impaneling of all jurors, whether grand, petit or special, may be by either of the judges of the superior courts of the circuit. Either of said judges shall have full power and authority to draw and impanel 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 10. The additional judge of the Middle Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Court reporter. Section 11. The governing authority of each county comprising the Middle Judicial Circuit is hereby authorized to furnish both judges of said courts with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies and such personnel as may be considered necessary to the proper functioning of the courts. All of the expenditures authorized

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herein are hereby declared to be an expense of court and payable out of each county treasury as such. Facilities. Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. PUBLIC DOCUMENTSDIRECTOR OF ARCHIVES AUTHORIZED TO RECOVER. Code Ch. 89-6 Amended. No. 245 (House Bill No. 151). An Act to amend Code Chapter 89-6, relating to books, papers and property of public offices, as amended, so as to designate the Director of the Department of Archives and History as the agent for public officers in recovering lost or withheld books and papers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 89-6, relating to books, papers and property of public offices, as amended, is hereby amended by adding immediately following section 89-605 a new section to be designated Code section 89-605.1 to read as follows: 89-605.1. Director of Archives authorized to recover books and papers. (a) The Director of the Department of Archives and History, or his designee, is authorized to act as agent for any

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public officer or his successor in office, or in those cases where the office is abolished or no successor is appointed or elected, to recover books, papers and other office property in the manner provided in Code sections 89-604 and 89-605. The Director may initiate such action on his own volition and succeeds to all rights and remedies as the successor in office would normally have in the property. (b) The terms `books, papers and other office property' as used in this Code Chapter shall include, but not be limited to, all books, plates, pictures, photographs, films, engravings, paintings, drawings, maps, newspapers, magazines, pamphlets, broadsides, personal papers, organization records, documents, letters, public records, microforms, sound recordings, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts or other documentary, written or printed material, regardless of physical form or characteristics, belonging to, on loan to or otherwise in the custody of any public office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. PUBLIC DOCUMENTSPROVISIONS REGARDING STEALING OR ALTERING, ETC. CHANGED. Code 89-9903 Amended. No. 246 (House Bill No. 152). An Act to amend Code section 89-9903, relating to the crime of stealing, altering, etc., of public documents, so as to change the provisions to provide a determination of proof of intent to commit such crimes; to authorize public officers to detain persons suspected of such crimes; to provide a limitation, on liability of public officers; to define certain terms; 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 89-9903, relating to the crime of stealing, altering, etc., of public documents, is hereby amended by adding, preceding the words If any public officer, the designation (a) and by adding at the end thereof the following: (b) Whosoever, without authority, with the intention of converting to his own or another's use, willfully conceals any record, book or document while on the premises of any public office or without authority, willfully removes any book, document, record or other property from any such office shall be deemed guilty of stealing such property. Proof of the concealment of such record or other office property while still on the premises shall be prima facie evidence of intent to steal. (c) A public officer or employee, as defined herein, may detain and question any person whose conduct causes reasonable ground for suspicion that such person is engaging in stealing or criminal damage to the records in a public office. (d) A public officer or employee, as defined herein, causing the arrest or detention of any person pursuant to the provisions of this section shall not be held civilly liable for slander, malicious prosecution, false imprisonment, malicious arrest, assault and battery of the person, physical injuries and mental suffering or any other suit for damages arising from such arrest, whether such arrest takes place on the public property or after close pursuit from such premises by such officer; provided, however, that in causing the arrest of such person, the officer or employee had probable cause at the time of such arrest to believe that the person was committing unlawful acts relating to public documents and the arrest and detention were under reasonable circumstances. (e) As used in this section: (1) The terms `records, books, documents or other office property' shall mean and include, but not be limited to, all books, plates, pictures, photographs, films, engravings, paintings, drawings, maps, newspapers, magazines, pamphlets, broadsides, personal papers, organization records, documents, letters, public

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records, microforms, sound recordings, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts or other documentary, written or printed material, regardless of physical form or characteristics, belonging to, on loan to or otherwise in the custody of any public office. (2) The words `public office' shall mean any office held, used or controlled for public purposes by any department, agency, board or branch of State, county or municipal government without reference to the ownership of the building or of the realty on which it is situated. This includes any archives, library or records storage area maintained by such governments. (3) The word `avoid' shall mean to annul, cancel, make void, destroy the efficacy of or destroy without authority any record, book, document or other office property. (4) The words `public officer or employee' shall mean any officer or employee having custody of or responsibility for any records, books, documents or other office property referred to herein., so that when so amended, Code section 89-9903 shall read as follows: 89-9903. Stealing, altering, etc., of public documents.(a) If any public officer, or other person, shall steal, embezzle, alter, corrupt, withdraw, falsify, or avoid any record, process, charter, gift, grant, conveyance, or contract; or shall knowingly and willfully take off, discharge, or conceal any issue, forfeited recognizance, or other forfeiture; or shall forge, deface, or falsify any document or instrument recorded, or any registry, acknowledgement, or certificate; or shall alter, deface, or falsify any minute, document, book, or any proceeding whatever of or belonging to any public office within this State; or if any person shall cause or procure any of the offenses aforesaid to be committed, or be in anywise concerned therein, he shall be punished by imprisonment and labor in the penitentiary for not less than two years nor more than 10 years. (b) Whosoever, without authority with the intention of converting to his own or another's use, willfully conceals any record, book or document while on the premises of any public office

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or without authority, willfully removes any book, document, record or other property from any such office shall be deemed guilty of stealing such property. Proof of the concealment of such record or other office property while still on the premises shall be prima facie evidence of intent to steal. (c) A public officer or employee, as defined herein, may detain and question any person whose conduct causes reasonable ground for suspicion that such person is engaging in stealing or criminal damage to the records in a public office. (d) A public officer or employee, as defined herein, causing the arrest or detention of any person pursuant to the provisions of this section shall not be held civilly liable for slander, malicious prosecution, false imprisonment, malicious arrest, assault and battery of the person, physical injuries and mental suffering or any other suit for damages arising from such arrest, whether such arrest takes place on the public property or after close pursuit from such premises by such officer; provided, however, that in causing the arrest of such person, the officer or employee had probable cause at the time of such arrest to believe that the person was committing unlawful acts relating to public documents and the arrest and detention were under reasonable circumstances. (e) As used in this section: (1) The terms `records, books, documents or other office property' shall mean and include, but not be limited to, all books, plates, pictures, photographs, films, engravings, paintings, drawings, maps, newspapers, magazines, pamphlets, broadsides, personal papers, organization records, documents, letters, public records, microforms, sound recordings, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts or other documentary, written or printed material, regardless of physical form or characteristics, belonging to, on loan to or otherwise in the custody of any public office. Definitions. (2) The words `public office' shall mean any office held, used or controlled for public purposes by any department, agency, board or branch of State, county or municipal government without reference to the ownership of the building or of the realty

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on which it is situated. This includes any archives, library or records storage area maintained by such governments. (3) The word `avoid' shall mean to annul, cancel, make void, destroy the efficacy of or destroy without authority any record, book, document or other office property. (4) The words `public officer or employee' shall mean any officer or employee having custody of or responsibility for any records, books, documents or other office property referred to herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. NORTHERN JUDICIAL CIRCUITADDITIONAL SUPERIOR COURT JUDGES AUTHORIZED. No. 247 (House Bill No. 156). An Act to add one additional judge of the superior courts of Northern Judicial Circuit of Georgia; to provide for the appointment of the first additional judge and for the election of successors to such judge; to prescribe the powers of said judge; to prescribe the compensation, salary and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authorities of the counties comprising the Northern Judicial Circuit to provide facilities, office space, supplies, equipment and personnel for said judges; to declare inherent authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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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 1976, one additional judge of the superior courts for the Northern Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit. Authorized. Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning on July 1, 1977, and continuing through December 31, 1978, and until his successor is elected and qualified. 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 day of the election. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this State. Terms of office. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Northern 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. Candidates. Section 4. The additional judge of the superior courts for the Northern 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 and duties.

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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 shall be the same as that of the other judge of the superior courts of the Northern Judicial Circuit. The salary supplement heretofore enacted by the counties of said circuit for the present judge shall only be applicable to the chief judge of said circuit. Compensation. Section 6. All writs and processes in the superior courts of the Northern Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges co-equal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Terms of Court. Section 7. The two judges of the superior courts for the Northern 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 judge who is senior in point of service, who shall be known as the chief judge, shall be controlling. The judge of the superior court serving on July 1, 1977, shall be the first chief judge and shall continue as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the chief judge. The chief judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of Code Title 24A, of the Juvenile Court Code of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 709), as now or hereafter amended, the chief judge shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Northern 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

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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 cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control. Chief 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 Northern 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. Section 10. All writs, processes, orders, subpoenas and any other official paper issuing out of the superior courts of the Northern Judicial Circuit may bear teste in the name of any judge of said Northern 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 Northern Judicial Circuit

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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. Facilities. Section 12 . Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 13 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. DRIVER'S LICENSESTHOSE BEARING JIMMY CARTER'S SIGNATURE MAY BE KEPT BY OWNERS AFTER EXPIRATION. Code 68B-213 Amended. No. 248 (House Bill No. 157). An Act to amend Code Section 68B-213, relating to expiration and renewal of driver's licenses, so as to provide that certain driver's licenses shall not be required to be surrendered upon expiration or renewal; to provide for cancellation of such licenses under certain circumstances; 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 68B-213, relating to expiration and renewal of driver's licenses, is hereby amended by adding a new

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subsection at the end thereof, to be designated subsection (d), to read as follows: (d) No person applying for or requesting the renewal of any class of driver's license bearing the signature of Jimmy Carter as Governor of this State shall be required to surrender such license as a condition upon renewal of the license, nor shall any person qualifying for an operator's license be required to surrender a learner's license bearing the signature of Jimmy Carter as Governor of this State as a condition upon issuance of the operator's license. If considered by the Department of Public Safety to be necessary to protect against unlawful or fraudulent use of expired driver's licenses retained under the provisions of this section, the department may require such licenses to be cancelled, stamped, or embossed in a reasonable manner, provided that such cancellation, stamp, or embossment shall not deface or obscure the signatures on the face of the driver's license. 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. Approved March 23, 1977. SUPREME COURT AUTHORIZED TO ANSWER CERTIFIED QUESTIONS FROM FEDERAL COURTS. Code Ch. 24-39 Amended. No. 249 (House Bill No. 166). An Act to amend Code Chapter 24-39, relating to powers of the Supreme Court, so as to authorize the Supreme Court to receive and answer certificates as to State law from Federal appellate courts; 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 24-39, relating to powers of the Supreme Court, is hereby amended by adding a new section thereto, to be designated Code section 24-3902, to read as follows: 24-3902. Supreme Court authorized to receive and answer certificates as to State law from Federal appellate courts.The Supreme Court of this State may, by rule of court, provide that, when it shall appear to the Supreme Court of the United States, to any Circuit Court of Appeals of the United States, or to the Court of Appeals of the District of Columbia that there are involved in any proceeding before it questions or propositions of the laws of this State, which are determinative of the said cause, and there are no clear controlling precedents in the decisions of the Supreme Court of this State, such Federal Appellate Court may certify such questions or propositions of the laws of this State to the Supreme Court of this State for instructions concerning such questions or propositions of State law, which certificate the Supreme Court of this State, by written opinion, may answer. Provided, however, that the Court of Appeals shall not have jurisdiction to consider any question certified under this section by transfer or otherwise. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. INTERSTATE COMPACT ON PLACEMENT OF CHILDRENGEORGIA MADE A PARTY. No. 250 (House Bill No. 168). An Act to provide that the State of Georgia shall be a party to the Interstate Compact on the Placement of Children; to declare legislative findings; to provide for definitions; to provide the procedure for interstate placement of children in foster care or adoptive homes; to provide a penalty for illegal placement; to provide that the sending agency shall retain

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jurisdiction; to authorize interstate placement of delinquent children; to provide for a compact administrator; to provide limitations; to provide for enactment and withdrawal from the compact; to establish financial responsibility; to define certain terms with reference to this State; to provide for the applicability of an Act known as the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, to provide that the committing court retains jurisdiction over a delinquent 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. Interstate Compact on the Placement of Children Adopted. The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN ARTICLE I. Purpose and Policy It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that: (a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care. (b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child. (c) The proper authorities of the state from which the placement is made may obtain the most complete information on the

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basis of which to evaluate a projected placement before it is made. (d) Appropriate jurisdictional arrangements for the care of children will be promoted. ARTICLE II. Definitions As used in this compact: (a) Child means a person who, by reason of minority, is legally subject to parental, guardianship or similar control. (b) Sending agency means a party state, or officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state. (c) Receiving state means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. (d) Placement means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility. ARTICLE III. Conditions for Placement (a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this Article and with the applicable laws of the receiving state governing the placement of children therein.

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(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) The name, date and place of birth of the child. (2) The identity and address or addresses of the parents or legal guardian. (3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child. (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made. (c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this Article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact. (d) The child shall not be sent, brought or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. ARTICLE IV. Penalty for Illegal Placement The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of both the state in which the sending agency is located or from which it sends or brings the child and of the

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receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children. ARTICLE V. Retention of Jurisdiction (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency. (c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

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ARTICLE VI. Institutional Care of Delinquent Children A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that: 1. Equivalent facilities for the child are not available in the sending agency's jurisdiction; and 2. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. ARTICLE VII. Compact Administrator The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact. ARTICLE VIII. Limitations This compact shall not apply to: (a) The sending or bringing of a child into a receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or non-agency guardian in the receiving state. (b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law. ARTICLE IX. Enactment and Withdrawal This compact shall be open to joinder by any state, territory or

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possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada of any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal. ARTICLE X. Construction and Severability The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Section 2. Financial responsibility. Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of Ga. L. 1958, p. 34, as amended, and Ga. L. 1973, p. 192, as amended, relating to enforcement of support obligations and other applicable provisions of law may also be invoked. Section 3. Appropriate public authority defined. The appropriate public authorities as used in Article III of the Interstate

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Compact on the Placement of Children shall, with reference to this State, mean the Department of Human Resources and said Department shall receive and act with reference to notices required by said Article III. Section 4. Appropriate authority in the receiving state. As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the phrase appropriate authority in the receiving state with reference to this State shall mean the Department of Human Resources. Section 5. Agreements. The officers and agencies of this State and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Section 6. Requirements for visitation; supervision. Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under section 14 of an Act known as the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this State or a subdivision thereof as contemplated by paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Section 7. Certain laws not applicable. The provisions of section 15 of an Act known as the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children. Section 8. Court jurisdiction retained. Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.

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Section 9. Executive head defined. As used in Article VII of the Interstate Compact on the Placement of Children, the term executive head means the Governor. The Governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII. Section 10. Severability. In the event section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 11. Effective date. This Act shall be effective upon approval by the Governor or upon becoming law without his approval. Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. JURISDICTIONLONG ARM STATUTE AMENDEDNONRESIDENT DEFINED. No. 251 (House Bill No. 173). An Act to amend an Act providing for personal jurisdiction over any nonresident, or his executor or administrator, as to a cause of action arising from the transaction of business within this State, or the commission of a tortious act within this State, or owning, using or possessing real property situated within this State, approved March 10, 1966 (Ga. L. 1966, p. 343), as

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amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 1419), and an Act approved March 20, 1970 (Ga. L. 1970, p. 443), so as to provide for a definition of the term nonresident; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for personal jurisdiction over any nonresident, or his executor or administrator, as to a cause of action arising from the transaction of business within this State, or the commission of a tortious act within this State, or owning, using or possessing real property situated within this State, approved March 10, 1966 (Ga. L. 1966, p. 343), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 1419), and an Act approved March 20, 1970 (Ga. L. 1970, p. 443), is hereby amended by adding at the end of section 4A, defining the term nonresident, a new sentence, to read as follows: The term `nonresident' shall also include an individual, or partnership, association or other legal or commercial entity (other than a corporation) who, at the time a claim or cause of action arises under section 1 of this Act, was residing, domiciled, organized or existing in this State and subsequently becomes a resident, domiciled, organized or exists outside of this State as of the date of perfection of service of process as provided by section 3 of this Act., so that when so amended, section 4A shall read as follows: Section 4A. As used in this Act, `nonresident' includes an individual, or partnership, association or other legal or commercial entity (other than a corporation) not residing, domiciled, organized or existing in this State at the time a claim or cause of action under section 1 of this Act arises, or a corporation which is not organized or existing under the laws of this State and is not authorized to do or transact business in this State at the time a claim or cause of action under section 1 of this Act arises. The term `nonresident' shall also include an individual, or partnership, association or other legal or commercial entity (other than a corporation) who, at the time a claim or cause of action arises under section 1 of this Act, was residing, domiciled, organized or

Page 588

existing in this State and subsequently becomes a resident, domiciled, organized or existing outside of this State as of the date of perfection of service of process as provided by section 3 of this Act. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. This Act shall apply to all actions pending in this State upon this Act's effective date and to all actions which may be filed subsequently to this Act's effective date within said actions' respective statutes of limitation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. TAX ASSESSORSQUALIFICATIONS OF MEMBERS OF EQUALIZATION BOARDS CHANGED. No. 252 (House Bill No. 174). 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 equalization, approved April 6, 1972 (Ga. L. 1972, p. 1094), as amended, particularly by an Act approved April 9, 1976 (Ga. L. 1976, p. 1744), so as to change the qualifications of members and alternate members of county boards of equalization; 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 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

Page 589

(Ga. L. 1972, p. 1094), as amended, particularly by an Act approved April 9, 1976 (Ga. L. 1976, p. 1744), is hereby amended by striking subsection (B) of section 2 of said Act, which reads as follows: (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. in its entirety, and inserting in lieu thereof a new subsection (B) of section 2, to read as follows: (B) Qualifications. Each person who is qualified and competent to serve as a grand juror who is the owner of real property and who is a high school graduate or more shall be qualified, competent and compellable to serve as a member or alternate member 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, except those persons who are exempt because they are 65 years of age or older. 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

Page 590

GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDTRANSACTIONS OF CERTAIN EDUCATIONAL AND CULTURAL INSTITUTES EXEMPTED. No. 253 (House Bill No. 177). 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 12, 1963 (Ga. L. 1963, p. 613), so as to exempt from the tax certain sales to, and purchases by, certain educational and cultural institutes which offer their programs principally through universities and other institutions of higher learning; to provide and encourage such new and expanded educational and cultural activities for the purpose of making Georgia competitive with other states for the location of such activities and for the purpose of securing the educational programs and the new jobs and other economic benefits derived from such activities for the State of Georgia; to provide conditions for such exemption; to provide 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 April 12, 1963 (Ga. L. 1963, p. 613), is hereby amended by adding to subparagraph (m) to subsection (c)(2) of section 3 thereof, the following: The sale of tangible personal property or services to, and the purchase of tangible personal property or services by, any educational and cultural institute which: (i) Is tax exempt under section 501(c)(3) of the Internal Revenue Code of the United States, as amended; and (ii) Furnishes at least fifty percent (50%) of its programs through universities and other institutions of higher education in support of their educational programs; and

Page 591

(iii) Is paid for by government funds of a foreign country; and (iv) Is an instrumentality, agency, department, or branch of a foreign government operating through a permanent location in this State. 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. Approved March 23, 1977. MOTOR VEHICLESREGISTRATION REQUIREMENTS OF MANUFACTURERS AND DEALERS CHANGED. Code 68-213 Amended. No. 254 (House Bill No. 203). An Act to amend Code section 68-213, relating to the registration of manufacturers and dealers of motor vehicles, as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 529), so as to provide for the registration of manufacturers and dealers engaged in the manufacture or sale or leasing of motor vehicles, tractors or trailers; to provide for the issuance of a distinguishing dealer's number to manufacturers, dealers and to persons engaged in the business of transporting mobile homes, house trailers, trailers and motor vehicles for others; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-213, relating to the registration of manufacturers and dealers of motor vehicles, as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 529), is hereby amended by striking said Code section 68-213 in

Page 592

its entirety and inserting in lieu thereof a new Code section 68-213, to read as follows: 68-213. Registration and license of makers and dealers; additional tags. Manufacturers and dealers engaged in the manufacture, sale, or leasing of motor vehicles, tractors or trailers shall register with the State Revenue Commissioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor or trailer manufactured, sold or leased by them, upon blanks prepared by the State Revenue Commissioner for such purposes, and pay therefor a fee of $25, which shall accompany such application, and for which said fee the State Revenue Commissioner shall furnish to said dealer one number plate, to be known as a dealer's number, and to be distinguished from the number plates herein provided for by a different and distinguishing color to be determined by the State Revenue Commissioner, with the word `Dealer' on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this section. The State Revenue Commissioner may in his discretion issue to dealers that manufacture new vehicles in Georgia number plates with the word `Manufacturer' on such plates. In the event the dealers or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $25 hereinabove provided, shall pay $5 for each and every additional number plate furnished. Persons engaged in the business of transporting motor vehicles for others under such motor vehicle's own power shall likewise be entitled to obtain license tags under the provisions of this section, but such tags shall be used only on vehicles being transported. Persons engaged in the business of transporting mobile homes and house trailers for others shall likewise be entitled to obtain license tags under the provisions of this section. The State Revenue Commissioner is authorized to promulgate rules and regulations covering the issuance of tags to such persons; Provided, however, the provisions of this section shall not apply in any manner to farm tractors. Section 2. This Act shall become effective upon its approval

Page 593

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. Approved March 23, 1977. MOTOR VEHICLES LICENSE TAGSGEORGIA NATIONAL GUARD TAGS TO BE TRANSFERABLE. No. 255 (House Bill No. 205). An Act to amend an Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 57), as amended, so as to provide for the transfer of such tags; to provide for a transfer fee; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 57), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words `National Guard', said plates shall be removed and the authority to use the same shall thereby be cancelled; however, after such a transfer of ownership occurs, should the said member of the National Guard acquire another motor vehicle, the license plate issued pursuant to this Act may be placed on such newly acquired motor vehicle, and such member shall notify the Revenue Commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the Revenue Commissioner may prescribe by regulation, and shall pay a transfer and cancellation fee of one ($1.00) dollar and

Page 594

shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license tags. Should a member of the National Guard, who has been issued a National Guard license plate, be discharged or otherwise separated from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate at the time of the discharge, and shall forward same to the State Revenue Commissioner along with a certificate to the effect that such member has been discharged, and thereupon the State Revenue Commissioner shall reissue to such former National Guard member, a regular license plate, to replace the National Guard plate, at no additional charge. Should a member of the National Guard have enlisted or been commissioned in the National Guard after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the State Revenue Commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the State Revenue Commissioner shall reissue to such new member a National Guard license plate to replace the regular plate returned to him at no extra charge. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his letter to the State Revenue Commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. 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. Approved March 23, 1977.

Page 595

MOTOR VEHICLE LICENSE TAGSFEES ON TRANSFER REQUIRED. No. 256 (House Bill No. 206). An Act to amend an Act relating to motor vehicle licenses, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, so as to require the payment of a fee of one ($1.00) dollar for the transfer of certain licenses and tags from a destroyed or retired motor vehicle to another vehicle; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to motor vehicle licenses, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, is hereby amended by striking the second paragraph of subsection (19) of section 4 in its entirety and inserting in lieu thereof a new second paragraph of subsection (19) of section 4, to read as follows: The annual licenses and tags issued for the operation of vehicles described in subsection (3), subsection (9), or subsection (10) of section 4 (excepting those named in subsections (3)(a), (3)(b) and (3)(c) of said section 4, and those named in subsections (10)(a), (10)(b) and (10)(c) of said section 4), may with the approval of the State Revenue Commissioner, be transferable from a destroyed or retired motor vehicle, to another vehicle upon payment of a transfer fee of one ($1.00) dollar, and upon presentation of an appropriate application for transfer, to be approved by the State Revenue Commissioner, provided, however, that if the substituted vehicle normally calls for a higher priced tag than the vehicle displaced a proportionate additional fee shall be paid for the remainder of the taxable year. 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. Approved March 23, 1977.

Page 596

MOTOR VEHICLE LICENSE TAGSPROVISIONS CONCERNING ANTIQUE AUTOS CHANGED. No. 257 (House Bill No. 207). An Act to amend an Act providing for the issuance of special license plates for antique automobiles, approved March 25, 1958 (Ga. L. 1958, p. 302), so as to change the transfer fee; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the issuance of special license plates for antique automobiles, approved March 25, 1958 (Ga. L. 1958, p. 302), 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. Upon the sale or transfer of any antique automobile for which special license plates have been issued, said plates may be transferred to the purchaser or transferee upon paying one ($1.00) dollar to the State Revenue Commissioner. 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. Approved March 23, 1977. MOTOR VEHICLE LICENSE TAGSSTATE REVENUE COMMISSIONER TO REGULATE DISPLAY, ETC. Code 68-215 Amended. No. 258 (House Bill No. 208). An Act to amend Code section 68-215, as amended, relating to the display of number plates, so as to authorize the State

Page 597

Revenue Commissioner to adopt rules and regulations pertaining to the display of number plates for certain vehicles; to provide for an effective date, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-215, as amended, relating to the display of number plates, is hereby amended by striking said Code section 68-215 in its entirety and inserting in lieu thereof a new Code section 68-215, to read as follows: 68-215. Display of number plates. Every motor vehicle, tractor, trailer, or motorcycle, which is in use upon the highways, shall at all times display the number plate assigned to it, and the same shall be fastened to the rear of the vehicle in a position so as not to swing, and shall be at all times plainly visible. The State Revenue Commissioner shall be authorized to adopt rules and regulations so as to permit the display of a number plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the number plate legible at all times. 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. Approved March 23, 1977. PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ACT AMENDEDBENEFITS CHANGED. No. 259 (House Bill No. 209). An Act to amend an Act creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. L. 1969, p. 998), as amended, particularly by an Act approved April 18, 1973 (Ga. L. 1973, p. 1197), so as to change the provisions

Page 598

relating to retirement benefits; to provide that the retirement benefits shall apply to retired members and members who retire in the future; to provide how this Act shall become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. L. 1969, p. 998), as amended, particularly by an Act approved April 18, 1973 (Ga. L. 1973, p. 1197), is hereby amended by striking from subsection (b) of section 7 of said Act the following: $5.00, and inserting in lieu thereof the following: $6.00, and by adding a new sentence at the end thereof, to read as follows: The retirement benefit provided under the provisions of this subsection shall be payable to those members who have already retired under the provisions of this Act as well as those members who retire in the future., so that when so amended, subsection (b) of section 7 shall read as follows: (b) Upon retirement on his normal retirement date, a member shall receive a monthly retirement benefit under which payment shall commence on his normal retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement payment shall be $6.00 multiplied by the number of the member's years of creditable service. The retirement benefit provided under the provisions of this subsection shall be payable to those members who have already retired under the provisions of this Act as well as those members who retire in the future. Section 2. This Act shall become effective whenever the

Page 599

General Assembly appropriates the necessary funds to implement the provisions of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. TEACHERS' RETIREMENT SYSTEM ACT AMENDEDRETIREMENT ALLOWANCE CHANGED. No. 260 (House Bill No. 215). An Act amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), so as to change the provisions relative to retirement allowances; to provide for other matters relative thereto, to repeal a specific Act; to provide this Act shall not become effective until funds are appropriated therefor; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), is hereby amended by striking paragraph (c) of subsection (2) of section 5 in its entirety and substituting in lieu thereof a new paragraph (c) to read as follows: (c) In the case of the retirement of any member who has less than 35 years of creditable service, if such member retires prior to July 1, 1974, or less than 31 years of creditable service if such member retires between July 1, 1974, and July 1, 1975, or less than 30 years of creditable service if such member retires on or after July 1, 1975, if such member has not attained the age of 62 years, the service allowance above described shall be reduced by 1/ 12 of 3% for each month by which his age at the time of retirement is below 62 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or

Page 600

death. Any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired, shall be entitled to an adjusted retirement benefit based upon a calculation made without the application of the age reduction factor. Any retirement benefits or allowance provided or authorized by this Act shall not increase the employer contributions beyond the percentage rate of 11.50% of teachers' salaries. Section 2. An Act entitled An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the provisions relative to retirement benefits; to provide that any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired, shall be entitled to an adjusted retirement benefit based upon a calculation made without the application of the age reduction factor, to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 25, 1975 (Ga. L. 1975, p. 1328), is hereby repealed in its entirety, when this Act becomes effective in accordance with the provisions of section 3 of this Act. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

Page 601

CRIMINAL CODETELEPHONE SOLICITATIONSFALSE STATEMENTS PROHIBITED. Code Title 26 Amended. No. 261 (House Bill No. 225). An Act to amend Code Title 26, known as the Criminal Code of Georgia, as amended, so as to provide that it shall be unlawful to make certain false statements in connection with telephone solicitations, to provide for penalties for making certain false statements in connection with telephone solicitations; to change the provisions relating to punishment for conspiracy to commit a crime; 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 26, known as the Criminal Code of Georgia, as amended, is hereby amended by adding a new Code section at the end of Code Chapter 26-17, to be designated Code section 26-1710, to read as follows: 26-1710. Fraudulent telephone solicitation. (a) It shall be unlawful for any person, in making a telephone solicitation for the purpose of the sale of goods or services or for the purpose of seeking charitable contributions, to make false statements regarding the purpose of the solicitation or to make false statements regarding the person or persons represented by the solicitor or to make false statements regarding the person or persons benefiting from the solicitation. (b) Any person violating the provisions of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2. Said Code Title is further amended by striking from Code section 26-3201, relating to conspiracy to commit a crime, the following: If the crime which was conspired to be committed is a felony, each person convicted of violating this section shall be

Page 602

punished by imprisonment for not less then one nor more than five years or the punishment provided for such felony, whichever is the lesser. If the crime which was conspired to be committed is a misdemeanor each person convicted of violating this section shall be punished the same as the punishment provided for such misdemeanor., and inserting in lieu thereof the following: A person convicted of criminal conspiracy to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he could have been subjected if he had been convicted of such crime, or both. A person convicted of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor. A person convicted of criminal conspiracy to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than 10 years., so that when so amended, Code section 26-3201 shall read as follows: 26-3201. Conspiracy to Commit a Crime.A person commits a conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. A person convicted of criminal conspiracy to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he could have been subjected if he had been convicted of such crime, or both. A person convicted of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor. A person convicted of criminal conspiracy to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than 10 years.

Page 603

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. RESIDENTIAL FINANCE AUTHORITY ACT AMENDEDINVESTMENT PROVISIONS CHANGED, ETC. No. 262 (house Bill No. 228). An Act to amend an Act known as the Georgia Residential Finance Authority Act, approved Merch 26, 1974. (Ga. L. 1974, p. 975), as amended by an Act approved April 29, 1975 (Ga. L. 1975, p. 1651), so as to change the provisions relative to the powers of the Authority; to provide for the certificate of validation on bonds of the Authority, to authorize the Authority to reimburse the district attorney for certain costs; to provide the fees payable to the Clerk of the Superior Court of Fulton County for certain actions; 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 Residential Finance Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as amended by an Act approved April 29, 1975 (Ga. L. 1975, p. 1651), is hereby amended by striking section 6(a)(14) in its entirety, which reads as follows: (14) subject to any agreement with bondholders, to invest monies of the Authority not required for immediate use to carry out the purposes of this Act, including the proceeds from the sale of any bonds and any monies held in reserve funds, in temporary or nonpurpose obligation maturing no longer than 24 months from the date of purchase. Such temporary or nonpurpose investments by the Authority shall be limited to general obligations

Page 604

of the United States or of subsidiary corporations of the United States Government fully guaranteed by such government, or obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank and Central Bank for Cooperatives, and no other. Income earned on any such investments shall be retained by the Authority and used to purchase and retire any debt, or any bonds or obligations issued by the Authority and may be used to pay operating expenses of the Authority., and substituting in lieu thereof a new section 6(a)(14), to read as follows: (14) subject to any agreement with bondholders, to invest monies of the Authority not required for immediate use to carry out the purposes of this Chapter, including the proceeds from the sale of any bonds and any monies held in reserve funds, in obligations which shall be limited to the following: Permissible investments. (A) bonds or other obligations of the State, or bonds or other obligations the principal and interest of which are guaranteed by the State; (B) bonds or other obligations of the United States or of subsidiary corporations of the United States Government fully guaranteed by such government; (C) obligations of agencies of the United States Government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives; (D) bonds or other obligations issued by any public housing agency or municipality in the United States, which 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

Page 605

(E) certificates of deposit of national or State banks located within the State which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and State building and loan associations located within the State which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit 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 or the Georgia Deposit 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 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, or of any county or municipality in the State, obligations of the United States or subsidiary corporations included in subparagraph (B) above, obligations of the agencies of the United States Government included in subparagraph (C) above, or bonds, obligations or project notes of public housing agencies, urban renewal agencies or municipalities included in subparagraph (D) above. Income earned on any such investments shall be retained by the Authority and used to purchase and retire any debt, or any bonds or obligations issued by the Authority and may be used to pay operating expenses of the Authority. Section 2. Said Act is further amended by striking section 6(a)(16) in its entirety, which reads as follows: (16) to invest any monies held in sinking funds not required for immediate use or disbursement at the discretion of the Authority in obligations of the United States, and obligations the principal and interest of which are guaranteed by the United States or by an agency of the United States specified in subparagraph (a)(14) of this section, maturing no longer than 12 months from date of purchase, and to provide for the sale of any

Page 606

such investment and for the reinvestment of the proceeds thereof;, and substituting in lieu thereof a new section 6(a)(16), to read as follows: (16) to invest any monies held in debt service funds or sinking funds not required for immediate use or disbursement, in obligations of the types specified in subparagraph (a)(14) of this section; provided that for the purposes of this subparagraph (a)(16), the amounts and maturities of such obligations shall be based upon and correlated to the debt service (principal installments and interest payments) schedule for which such monies are to be applied;. Section 3. Said Act is further amended by adding at the end of section 9 two new subsections to be designated subsections (p) and (q), to read as follows: (p) Bonds issued shall have a certificate of validation bearing the facsimile signature of the Clerk of the Fulton County Superior Court stating the date on which said bonds were validated 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. (q) The Authority shall reimburse the district attorney for his actual costs associated with the bond validation proceedings, if any. The fees payable to the Clerk of the Fulton County Superior Court for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: One dollar each for the first 100 bonds; twenty-five cents for each of the next 400 bonds; and ten cents for each such bond over 500. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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SUPERIOR COURT JUDGES RETIREMENT SYSTEM ACT AMENDEDPROCEDURES UPON MEMBER'S WITHDRAWAL. No. 263 (House Bill No. 243). An Act to amend an Act creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. L. 1976, p. 586), so as to provide for the use and disposition of the employer's contributions paid to the Board of Trustees on behalf of members withdrawing from the Retirement System; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. L. 1976, p. 586), is hereby amended adding a new subsection at the end of section 10 of Part I of said Act, following subsection (b), to be designated as subsection (c) and to read as follows: (c) From time to time, whenever any member of this Retirement System terminates his membership herein prior to acquiring a vested right to any retirement benefits, and withdraws his total contributions, plus interest, from the funds held by the Board of Trustees of this Retirement System, the following shall occur: (i) the employer's contributions paid to the Board of Trustees on behalf of such withdrawing member shall continue to be held within the funds controlled and administered by the Board of Trustees, and shall not be returned to the employer; and (ii) the employer's contributions paid to the Board of Trustees on behalf of such withdrawing member shall be treated as actuarial gains and shall be applied toward the future decrease of employer's contributions, and shall not be used or applied to increase retirement benefits to other members of the Retirement System. 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. Approved March 23, 1977.

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WORKMEN'S COMPENSATIONSUBSEQUENT INJURY TRUST FUND ESTABLISHED, ETC. Code Title 114 Amended. No. 264 (House Bill No. 259). An Act to amend Code Title 114, relating to workmen's compensation, as amended, so as to encourage the employment of handicapped persons by protecting employers for excess liability for compensation for certain injuries; to create a Subsequent Injury Trust Fund, to provide for administration and organization of the fund; to require certain bonds; to create a Board of Trustees of the Subsequent Injury Trust Fund; to provide for the appointment, terms, organization and duties of the board; to require certain oaths; to provide for payment of costs of administration and for a budget for the fund; to provide for the payment of expenses and per diem; to provide for agreements for reimbursements from the fund; to provide for personnel of the fund; to provide for certain penalties, complaint proceedings, assessments, and collections; to provide for contributions to the fund and for deposits into the fund; to limit employer liability in certain instances; to provide legislative intent; to define certain terms; to authorize and provide for payments from the fund; to permit apportionment of denial of reimbursements from the fund under certain circumstsnces; to establish certain conditions precedent to employer's right to reimbursement; to provide for nonliability of the fund for certain costs; to require notice of claim against the fund; to provide that the fund is not bound as to certain matters; to provide for other matters relative to the foregoing; to provide for severability; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 114, relating to the workmen's compensation law, is hereby amended by adding a new chapter at the end thereof, to be designated Code Chapter 114-9, to read as follows:

Page 609

CHAPTER 114-9. SUBSEQUENT INJURY. 114-901. Creation of the fund. There is hereby established a Subsequent Injury Trust Fund which shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in accordance with the provisions of this Chapter. The fund shall be administered by the Administrator of the Subsequent Injury Trust Fund. All monies in the fund shall be held in trust and shall not be money or property of the State. The Board of Trustees created by Code section 114-903 shall be authorized to invest the monies of the fund in the same manner as provided by law for investments by domestic insurers (Georgia Insurance Code, Title 56, Chapter 10). The Board of Trustees shall be authorized to designate the Director of the Fiscal Division of the Department of Administrative Services as custodian of the fund for the purpose of investing the fund. In the event the Director of the Fiscal Division of the Department of Administrative Services is appointed custodian, he shall have exclusive control of the investment of the fund, and the Trustees shall be absolved of any responsibility for such fund. The custodian shall be authorized to disburse monies from the fund only upon written order of the Administrator. 114-902. Bonds. The Administrator and the custodian, before entering upon the performance of their duties, shall execute and file an official surety bond of not less than $50,000 each. The bonds shall be approved as to form and sufficiency by the Attorney General. The bonds shall be payable to the Subsequent Injury Trust Fund and conditioned upon the faithful performance of the respective duties of the Administrator and custodian. The premium for the bonds shall be paid out of the monies of the Subsequent Injury Trust Fund. 114-903. Board of trustees; creation; appointment; term; duties. (a) There is hereby created a Board of Trustees of the Subsequent Injury Trust Fund composed of five members who shall serve for a term of six years each. One member shall be selected from each of the following fields; the insurance industry; rehabilitation professionals; management; labor; and the public at large. The Insurance Commissioner and the Secretary-Treasurer of the State Board of Workmen's Compensation shall be ex officio members of the Board of Trustees. The ex officio

Page 610

members shall serve without compensation in an advisory capacity only. (b) The Board of Trustees shall be appointed by the Governor and shall serve until their successors are appointed and qualified. (c) The first Board of Trustees shall be appointed to take office July 1, following the enactment of this Code Title. One member shall be appointed for a period of two years, one member for a period of three years, one member for a period of four years, one member for a period of five years, and one member for a period of six years. Thereafter, each member shall be appointed for a full term of six years, or the remainder of an unexpired term. (d) The duties of the Board of Trustees shall include, but not necessarily be limited to, the: (1) Appointment of the Administrator of the fund and the setting of the compensation of the Administrator. (2) Establishment of policies, procedures, rules and regulations incidental to the fund's operations. (3) Approval of the administrative budget of the fund. (e) The Board shall elect one of their number as chairman, who shall serve for a period of two years. 114-904. Oath. The members of the Board of Trustees shall be required to take and subscribe before the Governor an oath to faithfully and impartially discharge the duties of their office. This oath shall be in addition to the oath required of all civil officers. 114-905. Cost of administration; budget. (a) The entire cost of the administration of the fund shall be paid from the assets of the fund. (b) The Administrator shall annually submit to the Board of Trustees, under such rules and regulations as the Board may prescribe, a budget of the costs of administration of the fund for the

Page 611

fiscal year. The Board of Trustees shall submit to the Office of Planning and Budget the proposed budget for comment prior to approval. (c) Upon approval by the Board of Trustees, a copy of the operating budget shall be filed with the custodian of the fund who, on July 1, shall transfer to the Administrator's operating account such funds as are required by the budget less any amounts remaining in the operating account from prior years. (d) Funds held by the Administrator in the operating account shall not in any way be deemed to be appropriated funds but shall be audited annually as other State departments and agencies. 114-906. Payment of expenses; per diem. (a) The members of the Board of Trustees, the Administrator, and the employees of the fund shall be entitled to receive their actual necessary expenses while traveling on the business of the fund, but the expenses shall be sworn to by such person incurring the same. (b) The expenses of members of the Board of Trustees shall be approved by the chairman of the Board of Trustees and the expenses of the employees of the fund shall be approved by the Administrator. (c) The Board of Trustees shall receive a per diem of $36 per day for each day that such Board of Trustees is in session. The per diem of the members of the Board of Trustees shall be paid from the operating budget of the Administrator. 114-907. Claims against the fund. (a) (1) When any employer or insurer and the Administrator reach an agreement with respect to reimbursement under the provisions of this Chapter, it shall be reduced to writing and submitted to the State Board of Workmen's Compensation for approval. (2) The Board, upon receipt of such an agreement, shall consider the same and, if it funds it to meet the provisions of this Chapter, it shall approve the agreement and issue its order directing the agreed reimbursement.

Page 612

(b) If the employer or the insurer fails to reach an agreement with the Administrator in regard to reimbursement under this Chapter, either party may make application to the State Board of Workmen's Compensation for a hearing in regard to the matters at issue. Such matters shall then be determined in the manner as provided for other workmen's compensation proceedings and appeals. 114-908. Personnel of the fund. (a) (1) The Board of Trustees shall appoint the Administrator of the fund and fix his compensation. Provided, however, said compensation shall not exceed twenty-five thousand dollars per year. The Administrator shall serve at the plessure of the Trustees without term of office. (2) The Administrator shall administer the provisions of this Chapter under such policies and rules and regulations as may be adopted by the Trustees. (b) The Administrator of the fund shall be authorized to hire such personnel as may be necessary to carry out the purposes of the fund. (c) All employees of the fund shall be deemed to be employees of the State and, as such, members of the Employee's Retirement System. (d) All employees of the fund, except the Administrator, shall be subject to the rules and regulations of the Merit System of Personnel Administration. 114-909. Penalty provisions; complaint proceedings; assessments as debts; collection. (a) Any assessment levied or established in accordance with the provisions of this Chapter in a specified amount as may be determined pursuant to the provisions of this Chapter shall constitute a personal debt of every employer or insurer so assessed and shall be due and payable to the Subsequent Injury Trust Fund when payment is called for by the Administrator. In the event of failure to pay any assessment upon the date determined by the Administrator, the Administrator may file a complaint against the employer or insurer in a court of competent jurisdiction for collection.

Page 613

(b) In the event any employer or insurer duly assessed fails to pay to the Administrator on behalf of the Subsequent Injury Trust Fund the amount so assessed on or before the date specified by the Administrator, the Administrator is hereby authorized to add to the unpaid assessment an amount not exceeding 10% of the unpaid assessment and reasonable attorney's fees to defray the cost of enforcing collection. 114-910. Funding; contributions; deposit of penalty funds. (a) Each insurer and self-insurer under this Title shall, under regulations prescribed by the Board of Trustees, make payments to the fund in an amount equal to that proportion of 175% of the total disbursement made from the fund during the preceding calendar year, less the amount of the net assets in the fund as of December 31 of the preceding calendar year, which the total workmen's compensation claims paid by the insurer or self-insurer bears to the total workmen's compensation claims paid by all insurers and self-insurers during the preceding calendar year. The Administrator is authorized to reduce or suspend assessments for the fund when completed actuarial survey shows further assessments are not needed. An employer who has ceased to be a self-insurer prior to the end of the calendar year shall be liable to the fund for the assessment of the calendar year. The initial assessment of each insurer or self-insurer for the purpose of generating revenue to begin operation of the fund shall be in the amount of.5% of the workmen's compensation premiums collected by the insurer for the preceding calendar years from an employer who is subject to this Title, or the equivalent, in the case of a self-insurer. Each insurer or self-insurer who in a compensable fatal case finds no dependents qualifying to receive dependency benefits shall pay into this fund one-half the benefits which would have been payable to a dependent or dependents if one or more existed, or $10,000, whichever is less. (b) All penalties assessed by and payable to the State Board of Workmen's Compensation shall be deposited in the fund. 114-911. Limitation on employer's liability for subsequent injury through the Subsequent Injury Trust Fund. (a) Legislative intent. It is the purpose of this Chapter to encourage the employment of the handicapped by protecting employers from excess liability for compensation when an injury to a handicapped

Page 614

worker merges with a preexisting permanent impairment to cause a greater disability than would have resulted from the subsequent injury alone. It shall not be construed to create, increase, or provide any benefits for injured employees or their dependents not otherwise provided by this Title. The entitlement of an injured employee or dependents to compensation under this Title shall be determined without regard to this Chapter, the provisions of which shall be considered only in determining whether the employer or insurer who has paid compensation under this Title is entitled to reimbursement from the Subsequent Injury Trust Fund. (b) Definitions. As used in this Chapter: (1) `Permanent impairment' means any permanent condition due to previous injury, disease, or disorder which is, or is likely to be, a hindrance or obstacle to employment or to obtaining reemployment if the employee should become unemployed. (2) `Merger of an injury with a preexisting permanent impairment' describes or means: (A) That, had the preexisting permanent impairment not been present, the subsequent injury would not have occurred; (B) The disability resulting from the subsequent injury in conjunction with the preexisting permanent impairment is materially, substantially, and cumulatively greater than that which would have resulted had the preexisting permanent impairment not been present, and the employer has been required to pay and has paid compensation for that greater disability; or (C) Death would not have been accelerated had the preexisting permanent impairment not been present. 114-912. Payment for subsequent injury from the Subsequent Injury Trust Fund. (a) If an employee who has a permanent impairment incurs a subsequent injury or disease arising out of and in the course of employment resulting in liability for disability arising from the merger of the subsequent injury with the preexisting permanent impairment, the employer or insurer shall in the first instance pay all compensation provided by this Title.

Page 615

The employer or insurer shall be reimbursed from the Subsequent Injury Trust Fund for all weekly income benefit payments payable after 104 weeks of payment. (b) An employer or insurer who has paid medical expenses on behalf of the employee who comes under this Chapter shall be entitled to reimbursement from the fund on the following basis: (1) Fifty percent reimbursement of all medical expenses paid which exceed $5,000 but do not exceed $10,000. (2) One hundred percent reimbursement of all medical expenses paid which exceed $10,000. 114-913. Apportionment or denial of reimbursement for expenses paid by employer or insurer. The Administrator of the fund may apportion or deny the employer or insurer reimbursement from the fund for medical expense provided by Code section 114-912 where there are clear and unequivocal facts to establish that the subsequent injury to the permanently impaired employee was not caused or in any way related to the employee's preexisting disability. The apportionment by the Administrator shall be subject to the approval of the Board of Workmen's Compensation. 114-914. Notice to the employer of employee's preexisting permanent impairment as condition precedent to employer's right to reimbursement. It shall be incumbent upon the employer to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury or occupational disease that the preexisting impairment is permanent and is likely to be a hindrance or obstacle to employment or reemployment. Where, however, the employer establishes knowledge of the preexisting permanent impairment prior to the subsequent injury, there shall be a presumption that the employer considered the condition to be permanent and to be or likely to be a hindrance or obstacle to employment where the condition is one of the following: (a) Epilepsy. (b) Diabetes.

Page 616

(c) Arthritis which is an obstacle or hindrance to employment or reemployment. (d) Amputated foot, leg, arm or hand. (e) Loss of sight of one or both eyes or a partial loss of uncorrected vision of more than 75% bilaterally. (f) Residual disability from poliomyelitis. (g) Cerebral palsy. (h) Multiple sclerosis. (i) Parkinson's disease. (j) Cardiovascular disorders. (k) Tuberculosis. (l) Mental retardation, provided the employee's intelligence quotient is such that he falls within the lowest two percentile of the general population. It shall not be necessary for the employer to know the employee's actual intelligence quotient or actual relative ranking in relation to the intelligence quotient of the general population. (m) Psychoneurotic disability following confinement for treatment in a recognized medical or mental institution for a period in excess of six months. (n) Hemophilia. (o) Sickle cell anemia. (p) Chronic osteomyelitis. (q) Ankylosis of major weight bearing joints. (r) Hyperinsulism. (s) Muscular dystrophy.

Page 617

(t) Total occupational loss of hearing as defined in Code section 114-406.1. (u) Compressed air sequelae. (v) Ruptured intervertebral disc. (w) Any permanent condition which, prior to the injury, constitutes a 20 percent impairment of a foot, leg, hand, or arm or of the body as a whole. 114-915. Nonliability of fund for certain costs. The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties or attorney's fees due attorneys of the claiming parties. 114-916. Notice of claim against fund. An employer or insurer shall notify the Administrator of the fund of any possible claim against the fund as soon as practicable, but in no event later than the payment of 78 weeks of income or death benefits. 114-917. Fund not bound as to certain matters. The fund shall not be bound as to any question of law or fact by reason of an award or an adjudication to which it was not a party. 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. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, but shall apply only to injuries occurring on or after July 1, 1977, or on or after July 1 immediately following the effective date of the Act, whichever date shall come last.

Page 618

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. Compiler's Note: ACT NO. 265, which is the next sequential act, begins on p. 619. The act immediately following this Note has been printed out of its proper sequence. CITY OF WOODBINE EXEMPTED FROM MILLAGE LIMITATION. Code 92-4101 Amended. No. 114 (House Bill No. 493). An Act to amend Code section 92-4101, relating to the millage limitation imposed upon municipal corporations, as amended, so as to exempt the City of Woodbine therefrom; 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 the millage limitation imposed upon municipal corporations, as amended, is hereby amended by adding at the end thereof the following: Woodbine. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to exempt the City of Woodbine from the provisions of Code section 92-4101; and for other purposes.

Page 619

This 5th Day of January, 1977. Paul W. Foster Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camden County Tribune which is the official organ of Camden County, on the following dates: January 13, 20, and 27, 1977. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. CHILD SUPPORT IN ABSENCE OF DIVORCE DECREE PROVISIONCHANGED. No. 265 (House Bill No. 261). An Act to amend an Act to provide for the fixing of support to be paid by the father of minor children where a final divorce decree contains no provisions governing the same, approved March 21, 1958 (Ga. L. 1958, p. 204), so as to provide for the

Page 620

fixing of support to be paid by such a father, under certain circumstances, where custody of a minor child or children is awarded to the mother as a part of the divorce decree; 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 to provide for the fixing of support to be paid by the father of minor children where a final divorce decree contains no provisions governing the same, approved March 21, 1958 (Ga. L. 1958, p. 204), is hereby amended by inserting in section 1 thereof, after the words, at any time subsequent to the rendition of a final divorce decree between the father and mother of said children, the following: or when such custody was awarded to the mother as a part of the final divorce decree and the court awarding the decree was unable to obtain jurisdiction over the father for purposes of a determination as to whether the father should be bound for support of such child or children, and by striking the words, to whom the custody of such child or children shall be awarded, and substituting in lieu thereof the following: to whom the custody of such child or children is awarded, so that when so amended section 1 shall read as follows: Section 1. Whenever the custody of a minor child or children shall have been lawfully awarded, by any court having jurisdiction thereof, to any person other than the father of said children, at any time subsequent to the rendition of a final divorce decree between the father and mother of said children or when such custody was awarded to the mother as a part of the final divorce decree and the court awarding the decree was unable to obtain jurisdiction over the father for purposes of a determination as to whether the father should be bound for support of such child or children, which decree contains no specific provisions binding

Page 621

the father for the support of such child or children, the person to whom the custody of such child or children is awarded may, by petition, apply to the judge of the superior court in the county where the father of said child or children shall reside for an order and judgment fixing the amount of support money that the father shall provide in order to fulfill his natural duty to supply the necessaries of life for such child or children. The procedure herein provided for shall be available in cases wherein the mother of said children is the petitioner, notwithstanding the divorce decree and judgment may have been rendered in favor of the father. The order and judgment of the court shall remain in effect except as limited by its own restrictions, and the provisions of this Act, so long as the petitioner remains in lawful custody of said child or children, and until they become of age. Execution may be granted to the petitioner for any sums past due under such order and judgment, in accordance with procedures now existing in cases of judgments for alimony. Such petition shall be served upon said father and heard before the judge, unless a jury trial be demanded by either party to the cause; and the judgment shall be reviewable as in other cases. Such order or judgment shall likewise be subject to modification in the event of a change in the income of the father of said child or children, under the same terms and conditions as now provided for in cases of permanent alimony for the support of children granted in connection with the rendition of a final decree in divorce cases. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

Page 622

TANGIBLE PROPERTY TAX ACT AMENDEDMETHOD OF INSTALLMENT PAYMENTS CHANGED. No. 266 (House Bill No. 263). An Act to amend an Act authorizing the collection and payment of certain taxes on tangible property, other than motor vehicles, in installments each tax year, approved March 26, 1974 (Ga. L. 1974, p. 972), so as to provide for the payment of such taxes in two installments; to provide an alternative method for collecting taxes in installments; to provide that the provisions of this Act shall apply to taxpayers who make annual returns to the State Revenue Commissioner; to provide for the collection of installments prior to an assessment being made for the tax year for which said installments are being collected; to provide that installments shall bear interest as now provided by law from the due date of such installments; to provide 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 collection and payment of certain taxes on tangible property, other then motor vehicles, in installments each tax year, approved March 26, 1974 (Ga. L. 1974, p. 972), 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. Notwithstanding any other provision of law to the contrary, the governing authority of any county or of any municipal corporation is hereby authorized to provide by appropriate resolution or ordinance for the collection of and payment of ad valorem taxes on tangible property, other than motor vehicles, in two installments. If the governing authority of any county or municipal corporation elects to provide for such installment payments, any ad valorem taxes due the State, county, and county board of education or the municipality and any municipal board of education which are levied upon tangible property, other than motor vehicles, shall become due and payable on September 1 and December 20 of each calendar year.

Page 623

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 resolutions or ordinances required hereunder shall be adopted by the governing authority of the county or municipal corporation on or before December 31 for the next succeeding tax year. Any governing authority of such county or municipal corporation, electing to collect taxes in installments shall file with the State Revenue Commissioner a certified copy of the appropriate resolution or ordinance within ten days of its adoption. Such resolution or ordinance shall be deemed to continue in full force and effect in all subsequent tax years unless repealed by the governing authority of the respective county or municipal corporation in which case the governing authority shall notify the State Revenue Commissioner of such repeal within ten days after such action is taken. Section 3. Said Act is further amended by adding a new section 2A between sections 2 and 3, to read as follows: Section 2A. (a) Notwithstanding that the governing authority of any county or any municipal corporation, pursuant to the provisions of this Act, provides for the collection and payment of ad valorem taxes on tangible property, other than motor vehicles, in installments based on the fraction of taxes levied on such property for the preceding tax year, the governing authority of any county or any municipal corporation is hereby further authorized to provide by appropriate resolution or ordinance for the collection of and payment of ad valorem taxes on tangible property, other than motor vehicles, in two installments, with a single billing, for the current tax year, based on the current final tax digest as approved by the State Revenue Commissioner. The resolution or ordinance required herein shall be adopted by the governing authority of the county or municipal corporation on or before December 31. Said resolution or ordinance shall be filed with the State Revenue Commissioner and continued in force and effect as provided in section 2 of this Act and notification of the repeal of said resolution or ordinance shall be as provided in said section 2. (b) Those taxes payable in installments and based on the current final tax digest as provided in this section shall be billed on

Page 624

July 1. The first installment on such taxes shall be one-half the entire amount due for the year and shall become due sixty (60) days from the date of billing, and the second installment thereon shall be one-half of the entire amount due for the year and shall become due on December 20. An installment shall become delinquent on the day following its appropriate due date and shall thereupon be subject to a penalty of five percent (5%). That part of the entire amount due which is unpaid after December 20 shall thereafter be subject to interest at the rate of nine percent (9%) per annum from December 21 until paid. The provisions of section 5 of this Act, relating to penalty and interest, shall not apply to installment payments authorized by this section. Section 4. 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. For the purposes of this Act, taxes due and payable in installments on such property shall be as follows: (a) One-half of the taxes levied on such property for the preceding tax year shall be due and payable at the time of the first installment, and the remaining taxes shall be due and payable at the time of the final installment. (b) Those taxes due at the time of the final installment, which shall be not later than December 20 of each year, shall be the total taxes due on the property for the current tax year after credit has been given for tax payments made in accordance with subsection (a) of this section. Section 5. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. (a) The provisions herein shall apply to all persons or companies required to make annual tax returns under the laws of the State of Georgia of all their property in this State to the State Revenue Commissioner. (b) The governing authority of any county or of any municipal corporation is hereby authorized to collect taxes in accordance

Page 625

with the installment provisions herein notwithstanding the fact that no assessment has been placed on the subject tangible property for the tax year for which said installments are being collected. (c) Taxes not paid when due under any installment authorized pursuant to this Act shall bear interest at the rate provided by law for unpaid ad valorem taxes from the due date of any such installment. Any taxes not paid in full by December 20 of any year shall be subject to such penalties and interest as are now provided by law. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. PHARMACISTS AND DRUGSDISCIPLINARY PROCEDURES PROVIDED, ETC. Code Title 79A Amended. No. 267 (House Bill No. 268). An Act to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, as amended, so as to change the names of the chief drug inspector, the assistant inspectors and the drug inspector's office; to provide for the exclusion of all persons during hearing deliberations by the State Board of Pharmacy under certain circumstances; to provide that applicants for registration be of good moral character; to provide for fines for pharmacists violating this Title; to change the provision relative to dispensing drugs; to provide for suspension or revocation of a license when a license has been revoked by another lawful authority or for violations of laws or rules and regulations of the Board, the State, the United States or

Page 626

other lawful authority; to correct an error in Code section 79A-409 referring to the wrong Code section; to provide for fines for pharmacies violating this Title; to change the provisions relating to Schedule II drugs; to provide for registration of all persons conducting research on Schedule I drugs; to make it unlawful to abandon dangerous substances and certain other substances in a public place; to provide a penalty; 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, pharmacy and drugs, as amended, is hereby amended by deleting the names chief drug inspector, assistant inspectors and drug inspector's office wherever the same shall appear in the Title and substituting in lieu thereof the names director, agents and The Georgia Drugs and Narcotics Agency, respectively. Section 2 . Said Code Title is further amended by adding at the end of Code section 79A-209 a new sentence to read as follows: In any hearing in which the fitness of a licentiate or applicant to practice pharmacy is in question, the Board may exclude all persons from its deliberation of the appropriate action to be taken and may, when it deems it necessary, speak to a licentiate or applicant in private., so that when so amended, Code section 79A-209 shall read as follows: 79A-209. Proceedings by the State Board of Pharmacy in the exercise of its authority to make rules and regulations, or in the exercise of its authority to issue, cancel, suspend, or revoke any license issued under the terms of this Title shall be conducted in accordance with the `Georgia Administrative Procedure Act' (Ga. L. 1964, p. 338, as amended). In all such proceedings the Board shall have authority to compel the attendance of witnesses and the production of any book, writing, or document, upon the issuance of a subpoena therefor, signed by the Secretary of the Board. In all proceedings before the State Board, the vote and judgment of three or more members shall be controlling. In any

Page 627

hearing in which the fitness of a licentiate or applicant to practice pharmacy is in question, the Board may exclude all persons from its deliberation of the appropriate action to be taken and may, when it deems it necessary, speak to a licentiate or applicant in private. Section 3 . Said Code Title is further amended by striking the period at the end of Code section 79A-402, as amended, and substituting a semicolon and by adding a new subsection to read as follows: f. Be a person of good moral character., so that when so amended, Code section 79A-402 shall read as follows: 79A-402 Qualifications of applicants for registration. No person shall be entitled to receive a license as a pharmacist unless he shall possess the following qualifications: a. Be a natural born or naturalized citizen of the United States; b. Be at least the legal age of majority; c. Be a graduate of a generally recognized school or college of pharmacy, as the same may be defined by the Board; d. Have such practical experience as may be prescribed by the Board: Provided, however, that any person who shall have been a student in a generally recognized school or college of pharmacy prior to July 1, 1967, shall be required to have only such practical experience as may have been required by law or the State Board of Pharmacy prior to that date; e. Has successfully passed an examination administered by the State Board of Pharmacy; f. Be a person of good moral character.

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Section 4. Said Code Title is further amended by striking Code section 79A-408 in its entirety and inserting in lieu thereof a new Code section 79A-408 to read as follows: 79A-408 Suspension or revocation of licenses. The State Pharmacy Board shall have the power to suspend or revoke any license issued under this Chapter or to reprimand or to fine, not to exceed $500.00, the holder thereof when such holder shall have: (1) Become unfit or incompetent to practice pharmacy by reason of: (a) Intemperance in the use of ardent spirits, narcotics, or habit-forming drugs or stimulants; or (b) Any abnormal physical or mental condition which threatens the safety of persons to whom such person may compound or dispense prescriptions, drugs or devices or for whom he might manufacture, prepare, or package or supervise the manufacturing, preparation or packing of prescriptions, drugs or devices. (2) Been convicted in any courts of this State or of any other state or of the United States of a felony or any other crime involving moral turpitude. (3) Been convicted of any misdemeanor punishable under this Title or have been convicted of any other crime under the laws of the United States or any other state having to do with the control of pharmacists, pharmacies and drugs. (4) Been adjudicated to be mentally ill or insane. (5) Failed to comply with rules of professional conduct. (6) Violated any of the provisions of this Title. (7) Violated any rules and regulations promulgated by the State Board of Pharmacy.

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(8) Promoted to the public in any manner a drug which may be dispensed only pursuant to prescription. (9) Regularly employed the mails to sell, distribute, and deliver a drug which requires a prescription when the prescription for such articles has been received by mail. (10) Unless otherwise authorized by law dispensed or caused to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed, without the express permission in each case of the person ordering or prescribing the same. (11) Had his license to practice pharmacy revoked, suspended, or annulled by any lawful licensing authority; or had other disciplinary action taken against him by any lawful licensing authority; or was denied a license by any lawful licensing authority. (12) Violated or attempted to violate a statute, or law, or any lawfully promulgated rule or regulation of this State, any other state, the Board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, or law, or rule or regulation relates to or in part regulates the practice of pharmacy, when the licentiate or applicant knows or should know that such action is violative of such statute, law, or rule. Section 5. Said Code Title is further amended by striking in Code section 79A-409 the word and figure section 79A-407 and substituting in lieu thereof the word and figure section 79A-408, so that when so amended, Code section 79A-409 shall read as follows: 79A-409 Refusal to grant licenses; cancellation. The State Board of Pharmacy may refuse to grant a license to any person for any of the grounds set forth in section 79A-408. In addition, the State Board may refuse to grant a license if any applicant therefor shall make any false statement in the application therefor or shall cheat in any manner upon any examination administered pursuant to this Chapter. Any license issued in violation

Page 630

of this section shall be deemed to be fraudulently issued and may be canceled by the State Board of Pharmacy. Section 6. Said Code Title is further amended by adding in Code section 79A-513, between the words or to reprimand and the words the holder thereof, the following: or to fine, not to exceed $500.00,, so that when so amended, Code section 79A-513 shall read as follows: 79A-513 Suspension or revocation of licenses. The State Board of Pharmacy shall have the power to suspend or revoke any license issued under the provisions of this Chapter, or to reprimand or to fine, not to exceed $500.00, the holder thereof, when such holder, or any agent, servant or employee of such holder, when acting within the scope of his employment, shall: 1. Have failed to comply with any provision of this Chapter or any laws of this State or of the United States, or any other state having to do with the control of pharmacists, pharmacies or drugs. 2. Have failed to comply with any rules and regulations promulgated by the State Board of Pharmacy. 3. Have failed to maintain a pharmacy in the manner prescribed by this Chapter. Section 7. Said Code Title is further amended by striking subsection (b)(4) of Code section 79A-807 in its entirety and inserting in lieu thereof a new subsection (b)(4) to read as follows: (4) Coca leaves, any salt, compound, derivative, optical isomer of cocaine, or preparation of coca leaves, and any salt, compound, derivative, optical isomer of cocaine, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.

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Section 8. Said Code Title is further amended by adding at the end of Code section 79A-815(c), the following: Any practitioner conducting research with Schedule I controlled substances must obtain a separate registration with the Georgia Board of Pharmacy., so that when so amended, Code section 79A-815(c) shall read as follows:. (c) Practitioners must be registered under Georgia law to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the law of this State. The Board of Pharmacy need not require separate registration under this section for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under this Chapter in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this State upon furnishing the Board of Pharmacy satisfactory evidence of that federal registration. Any practitioner conducting research with Schedule I controlled substances must obtain a separate registration with the Georgia Board of Pharmacy. Section 9. Said Code Title is further amended by adding at the end of Code Chapter 79A-99 a new Code section to be designated Code section 79A-9918 to read as follows: 79A-9918 Abandonment of certain dangerous drugs, poisons and controlled substances. Any person who shall abandon, in a public place, any dangerous drug, poison or controlled substance as defined by this Title, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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MOTOR VEHICLESCONDEMNATION IN LIQUOR CASES CHANGED. Code 58-207 Amended. No. 268 (House Bill No. 282). An Act to amend Code section 58-207, relating to the seizure and condemnation of vehicles and conveyances and boats and vessels in use in this State in violation of the liquor laws of the State, as amended, so as to provide that the seizing agency may use any vessel, vehicle, aircraft or other conveyance for covert police activity for a period up to 60 days prior to the disposition of the same; 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 58-207, relating to the seizure and condemnation of vehicles and conveyances and boats snd vessels in use in this State in violation of the liquor laws of the State, as amended, is hereby amended by adding a new subsection (j) at the end of said Code section, to read as follows: (j) Notwithstanding any contrary provision in this section or in any other law, the agency, state, county or municipality seizing any contraband article is authorized to use any vessel, vehicle, aircraft or other conveyance for covert police activity for a period up to 60 days prior to the sale of the vessel, vehicle, aircraft or other conveyance; provided that no vessel, vehicle, aircraft or other conveyance shall be utilized for covert police activity prior to final judicial adjudication of lawful seizure. 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. Approved March 23, 1977.

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PUBLIC SECURITIESFACSIMILE SIGNATURES AUTHORIZED, ETC. No. 269 (House Bill No. 285). An Act to amend an Act providing for the use of facsimile signatures in the execution of public securities, approved March 25, 1958 (Ga. L. 1958, p. 689), so as to provide that the clerk of the superior court of each county of this State may authorize the execution of any public securities requiring or permitting his signature, with an engraved, imprinted, stamped or otherwise reproduced facsimile of such signature; to provide 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 use of facsimile signatures in the execution of public securities, approved March 25, 1958 (Ga. L. 1958, p. 689), is hereby amended by adding at the end of section 1 of said Act, the following: In addition to the foregoing, the clerk of the superior court of each county of this State may authorize the execution of any public securities, ss defined herein, requiring or permitting his signature, with an engraved, imprinted, stamped or otherwise reproduced facsmile of such signature., so that when so amended, section 1 shall read as follows: Section 1. Public securities heretofore or hereafter authorized to be issued and delivered at any one time may be executed with an engraved, imprinted, stamped or otherwise reproduced facsimile of any signature, seal or other means of authentication, certification or endorsement required or permitted to be recorded thereon, if so authorized by the board, body or officer empowered by law to authorize the issuance of such securities, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed. In addition to the foregoing, the clerk of the superior court of each county of this State may authorize the execution of any public securities, as defined herein, requiring or permitting his signature, with an

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engraved, imprinted, stamped or otherwise reproduced facsimile of such signature. 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. Approved March 23, 1977. GARNISHMENTSCERTAIN LIABILITIES OF GOVERNMENT EMPLOYEES EXEMPTED. Code Ch. 46-3 Amended. No. 270 (House Bill No. 289). An Act to amend Code Chepter 46-3, relating to property and persons subject to garnishment, so as to change the provisions relating to garnishment of salaries of government employees; to exempt State and local officials and employees from garnishment proceedings where the liability for such garnishment is incurred as a result of responding to an emergency while engaged in the scope of their employment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 46-3, relating to property and persons subject to garnishment, is hereby amended by striking section 46-306 in its entirety and inserting in lieu thereof a new Code section 46-306, to read as follows: 46-306. Salaries of officials and employees of State and its subdivision made subject.Money due officials or employees of an incorporated town, an incorporated city, an incorporated county or the State government, or any department or institution thereof, as salary for services performed for or on behalf of said town, city, county, or state, or any department or institution

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thereof, shall be subject to garnishment, except however, in no event may the officials' or employees' salary for services performed for or on behalf of any town, city, county or State, or any department or institution thereof, be garnisheed where the judgment serving as a basis for the issuance of the summons of garnishment arises out of the liability incurred in the scope of the officials' or employees' governmental employment while responding to an emergency. 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 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. INTANGIBLE PROPERTY TAX ACT OF 1953 AMENDEDPROVISIONS CONCERNING NOTES SECURED BY REAL PROPERTY CHANGED, ETC. No. 271 (House Bill No. 297). An Act to amend an Act commonly known and referred to as the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 379), as amended, so as to remove the maximum amount of intangible property tax payable with respect to any single long-term note secured by real estate; to remove the provisions relating to legal notice; to provide that any instrument actually recorded by the clerk of the court shall constitute legal notice of the interest and title of the holder thereof even if the intangibles tax, interest and penalty have not been paid; to provide that the holder of a previously recorded instrument secured by real estate which

Page 636

requires no further recordation may alternatively elect to execute a sworn affidavit containing certain required information in lieu of recording a new or amended security instrument; to provide that the holder of any such previously recorded instrument shall present such sworn affidavit to the tax officials who shall collect from the holder the tax due thereon and enter upon or attach to such affidavit the required certification which shall evidence the payment of the required tax with respect to such new note or modification; to increase the interest when the tax is not paid; to increase the penalty for failure to pay the tax; to exempt instruments acquired at a time when the holder was not subject to the payment of the tax; to provide that no tax shall be required where such original note or the holder thereof was exempt from the tax by virtue of any other provision of law; to delete the provisions providing for the taxation of long-term notes secured by real estate if such obligations are not otherwise taxed; to provide that a failure by the State Revenue Commissioner to grant or deny the taxpayer's claim shall not constitute a constructive denial of said claim; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act commonly known and referred to as the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 379), as amended, is hereby amended by striking section 4 of Part I in its entirety and inserting in lieu thereof a new section 4 of Part I, to read as follows: Section 4. Every holder of long term notes secured by real estate shall, within ninety (90) days from the date of the instrument executed to secure the same, record such security instrument in the county in which is situated the real estate conveyed or encumbered or upon which a lien is created to secure such note or notes, and shall, prior to presenting such instrument to the clerk of the court for recording, present such security instrument to the tax collector or tax commissioner or his deputy of the county in which the real estate is situated who shall determine from the face of the security instrument the date of execution, the maturity date of the note and the principal amount thereof, and

Page 637

shall collect from the holder of such long term note a tax measured by the amount of the debt as evidenced in the security instrument at the rate of one dollar and fifty cents ($1.50) for each five hundred ($500.00) dollars or fraction thereof of the face amount of the note or notes secured by such instrument. Computation of tax. Section 2. Said Act is further amended by striking section 5 of Part I in its entirety and inserting in lieu thereof a new section 5 of Part I, to read as follows: Section 5. (a) Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the tax collector or tax commissioner or his deputy shall enter upon or attach to such security instrument a certification of the fact that the intangible tax as provided by section 4, Part I of this Act has been paid, the date and the amount thereof, and shall be signed by the tax collector or tax commissioner or his deputy. The holder of such a long-term note upon which the tax has been paid as provided by this Act may then present the security instrument, together with the certificate, to the clerk of the superior court of the county in which the real estate is situated who shall then be permitted to file the security instrument for record. It is the intention of the General Assembly of Georgia that this intangible tax herein levied imposed by section 4, Part I of this Act shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the real estate instrument securing said note with the clerk of the court, and that the clerk of the court shall not be permitted to file for record such an instrument unless the security instrument discloses on its face the principal amount of the note, the date executed and the due date, and the certificate of the tax collector or tax commissioner or his deputy showing that this tax has been paid upon such note; provided, however, any instrument otherwise in a form sufficient for recordation and actually recorded by the clerk of the court shall constitute legal notice of the interest and title of the holder thereof in and to the real estate which, under that instrument, secures a long-term note or notes, even if the intangibles tax, interest (if any) and penalty (if any) required hereunder have not been paid. The certificate entered upon or attached to the security instrument shall be recorded with the security instrument and shall be in such form as the State Revenue Commissioner may require, but in any event shall

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bear the signature of the tax collector or tax commissioner or his deputy. Certification and Recordation. (b) In the case of a new note or modification of a preexisting note, which new note or modification is taxable under the provisions of section 4 of this Part and is secured by a previously recorded instrument which requires no further recordation, the holder thereof, in lieu of recording a new or amended instrument as provided for in subsection (a) of this section, may alternatively elect to execute a sworn affidavit in such form as may be required by the State Revenue Commissioner, setting forth the information required by section 6 of this Part. The holder of the note shall present such sworn affidavit to the tax collector, tax commissioner or his deputy of the county in which the real estate is situated, who shall collect from the holder the tax due under section 4 of this Part, and upon payment thereof shall enter upon or attach to such affidavit the certification provided for in subsection (a) of this section, which shall evidence the payment of the required tax with respect to such new note or modification. Section 3. Said Act is further amended by striking section 11 of Part I in its entirety and inserting in lieu thereof a new section 11 of Part I, to read as follows: Failure to pay. Section 11. Failure to pay the tax levied by this Act shall constitute a bar to the collection of the indebtedness secured by any instrument required by this Act to be recorded, by suit, foreclosure, the exercise of any power of sale, or otherwise, whether such instrument be held by an original party thereto or a transferee. Such bar may be removed by the payment of the tax required hereunder, plus interest at nine percent (9%) per annum from the time said tax was due, and plus a penalty of fifty percent (50%) of the amount of the tax. Provided, however, that failure to pay said tax shall not constitute such a bar to the collection of the indebtedness, as described above, where the State Revenue Commissioner has determined that such tax is not payable. Provided, further, that the State Revenue Commissioner may waive such penalty if he determines that the failure to pay the tax was through ignorance of the law, or inadvertence, and not in bad faith. Provided, further, that this section shall not apply to instruments acquired prior to January 1, 1954, nor shall this section apply to instruments acquired at a time when the

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holder of such note and instrument was otherwise exempt from the payment of the tax imposed by this law.. Section 4. Said Act is further amended by striking section 11A of Part I in its entirety and inserting in lieu thereof a new section 11A of Part I, to read as follows: Section 11A. The State Revenue Commissioner, upon his own motion or upon the written request of one or more holders of notes secured by real estate instruments, will render publicly and in writing his determination whether the 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 constitute a bar to the collection of the indebtedness as provided in section 11 of this Act. Provided, however, that the maximum amount of any such intangible property tax payable with respect to any single note when the security instrument is so recorded shall be twentyfive thousand ($25,000.00) dollars tax. Section 5. Said Act is further amended by striking section 15 of Part I in its entirety and inserting in lieu thereof a new section 15 of Part I, to read as follows: Section 15. No additional tax hereunder shall be required on account of any instrument which is an extension, transfer, assignment, modification or renewal of, or which only adds additional security for any original indebtedness or part thereof, secured by an instrument subject to the tax imposed by section 4 hereof, where it is made to affirmatively appear that the tax as provided by this Act has been paid on the original security instrument heretofore recorded, or where such original note or the holder thereof was exempt from the tax provided for in section 4 of Part I of this Act by virtue of any other provision of law.

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Section 6. Said Act is further amended by striking section 18 of Part I, which reads as follows: Section 18. Notwithstanding any other provision of this Act to the contrary, it is the intention of the General Assembly of Georgia that long term notes secured by real estate shall be taxed. If for any reason any such obligation does not have placed thereon the stamp provided by this Act and the tax paid as provided by this Act, then such obligation shall be taxed per annum at the rate of $3.00 on each $1,000 of the fair market value thereof., in its entirety. Section 7. Said Act is further amended by striking section 20 of Part I in its entirety and inserting in lieu thereof a new section 20 of Part I, to read as follows: Section 20. (a) If a taxpayer from whom the tax collector or tax commissioner of a county, or his deputy, collects an amount claimed to be due under section 4 of Part I of this Act, as an intangible tax on a long-term note secured by real estate, shall file with said tax collector or tax commissioner or deputy thereof, at the time of payment of said amount to him, a written protest in duplicate of said collection or any part thereof as erroneous or illegal, said tax collector, tax commissioner or his deputy receiving said payment under written protest shall be deemed to have made a conditional collection of the protested amount of such payment, such collection being effective to discharge any duty of the taxpayer to pay the tax and to require said tax collector or tax commissioner to enter upon or attach to the instrument securing the obligation upon which the amount is claimed to be due as a tax a certification, in the form prescribed in section 5, Part I of this Act, of the fact that the intangible tax as provided by section 4, Part I of this Act has been paid, but such collection being subject to the conditions hereinafter set forth as to refund upon determination by the State Revenue Commissioner or by final judgment in a refund suit that such collection was erroneous or illegal. Protest. (b) A county tax collector or tax commissioner or deputy thereof receiving such a payment under written protest shall

Page 641

deposit the protested amount of such payment in a separate account in a bank approved as a depositor for State funds, shall hold same as a special escrow fund for the purposes hereinafter provided, and except as hereinafter provided shall not make distribution of such amount under the provisions of section 17 of Part I of this Act or retain therefrom or pay into the county treasury any amount as a commission under section 8 of Part I of this Act. Immediately upon receiving such a payment under written protest, said county tax collector or tax commissioner or deputy thereof shall forward to the State Revenue Commissioner one executed copy of said protest. (c) The taxpayer making such a payment under written protest may, at any time within thirty days after the date of such payment, file a claim for refund of the protested amount thereof with the State Revenue Commissioner, which claim shall be in writing and shall be in such form and contain such information as said Commissioner may require and shall include a summary statement of the grounds upon which the taxpayer relies in contending that the collection of said amount wes erroneous or illegal, and a copy of which claim shall be filed by the taxpayer within said thirty-day period with the county tax collector or tax commissioner or deputy thereof who collected such amount (or his successor). (d) The State Revenue Commissioner or his delegate shall consider said claim for refund and shall approve or deny it and notify such taxpayer and the county tax collector or tax commissioner or deputy thereof who collected the protested amount (or his successor) of such action. If the State Revenue Commissioner or his delegate approves the claim in whole or in part, said county tax collector or tax commissioner or deputy thereof (or his successor) shall forthwith pay to said taxpayer the amount so approved, without interest, from the special escrow fund held by him as hereinbefore provided, and no appropriation or further authorization shall be necessary to authorize and require such payment to the taxpayer from such special escrow fund. (e) Any taxpayer whose claim for refund is denied entirely or in part by the State Revenue Commissioner or his delegate, or with respect to whose claim no decision is rendered by said Commissioner or his delegate within thirty days from the date of filing

Page 642

said claim, shall have the right to bring suit for refund of the amount so claimed and not approved against the county tax collector or tax commissioner or deputy thereof who collected said amount (or his successor), in his official capacity, in the superior court of the county whose official collected said amount; provided, however, that no suit for refund shall be brought hereunder after the expiration of sixty days from the date of denial by the State Revenue Commissioner of the taxpayer's claim for refund. For the purposes of this section, a failure by the State Revenue Commissioner to grant or deny the taxpayer's claim for refund within the aforesaid 30-day period shall not constitute a constructive denial of said claim. (f) The State Revenue Commissioner in his official capacity shall be made a party defendant to such suit in order that the interests of the State of Georgia may be represented therein, and the Attorney General shall represent the defendants in such suit. If it is determined in such suit that an amount claimed by the taxpayer therein was erroneously or illegally collected from the taxpayer, the taxpayer shall be entitled to judgment against the defendant county tax official in his official capacity for such amount, without interest to the date of judgment. Court costs taxed against the defendant in such a suit and any interest payable on a judgment in favor of the taxpayer in such a suit for a period before the judgment becomes final shall be paid by the State Revenue Commissioner as part of the expenses of administering this Act. The principal amount of a final judgment in favor of the taxpayer in such a suit, exclusive of costs of court, shall be paid forthwith to the taxpayer by the defendant county tax official from the aforesaid special escrow fund, and no appropriation or further authorization shall be necessary to authorize and require such payment of a judgment from such special escrow fund. (g) Upon expiration of the period for filing a claim for refund of a protested payment without any claim being filed, or upon expiration of the period for filing suit for refund of a protested payment without any suit being filed, or upon dismissal of such suit by the taxpayer, or upon final judgment therein, whichever occurs sooner, the county tax collector or tax commissioner or deputy thereof holding such protested amount in a special escrow fund shall retain from that portion of such amount which is not payable to the protesting taxpayer in accordance with the

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provisions of this section or pay into the county treasury, as provided in section 8 of Part I of this Act, the percentage of such portion which is allowed by said section 8 of Part I of this Act as compensation for his services in collecting the tax, and the balance of such portion shall be distributed as provided in section 17 of Part I of this Act with respect to revenues derived, for the year during which amount was paid by the taxpayer, from the tax imposed by sections 3 through 16 of Part I of this Act. Section 8. This Act shall become effective on May 1, 1977. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. CHILD SUPPORT RECOVERY ACT AMENDEDMETHOD OF ESTABLISHING DEBT. No. 272 (House Bill No. 323). An Act to amend an Act known as the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, so as to make the amount of the debt created by payment of public assistance to or on behalf of a child equal to the amount specified in the court order or decree where such a court order or decree exists; to provide that the debt owed the State by the individual responsible for support may be established by legal process other than court order or decree, such as an administrative hearing or a legally enforceable and binding agreement; to provide 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), as amended, is hereby amended by striking section 4, which reads 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

Page 644

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., 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 or in a criminal proceeding for nonsupport or where the responsible parent has entered into a legally enforceable and binding agreement, the debt created shall be equal to the amount set in such decree, order, hearing or agreement. 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. Approved March 23, 1977. ALCOHOLISM TREATMENT ACT AMENDEDEFFECTIVE DATE CHANGED. No. 273 (House Bill No. 328). An Act to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. L. 1974, p. 200), as amended, so as to change the

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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, 1978. 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. Approved March 23, 1977. SHERIFFS' RETIREMENT FUND ACT AMENDEDCERTAIN BOND DELETED, ETC. No. 274 (House Bill No. 332). 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), an Act approved April 18, 1975 (Ga. L. 1975, p. 830), and an Act approved February 27, 1976 (Ga. L. 1976, p. 332), so as to remove the requirement that members of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia furish a surety

Page 646

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. 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), an Act approved April 18, 1975 (Ga. L. 1975, p. 830), and an Act approved February 27, 1976 (Ga. L. 1976, p. 332), is hereby amended by striking from section 2 the following: Each member of such board of commissioners shall be required to give a good and sufficient surety bond in the penal sum of not less than Ten Thousand ($10,000.00) Dollars payable to the board of commissioners of the Sheriffs' Retirement Fund of Georgia and conditioned upon the proper and faithful performance of the duties of such member. The cost and expense of such bond shall be payable from the funds of the Sheriffs' Retirement Fund of Georgia., so that when so amended section 2 shall read as follows: Section 2. The membership of said board shall consist of the president of the Georgia Sheriffs' Association, by virtue of his office as such president, who shall be chairman of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, the president of the Association of County Commissioners of Georgia, by virtue of his office as such president, and three other sheriffs elected by the Georgia Sheriffs' Association, from its membership, at its annual convention. Such elected members shall each serve for a term of three years and one such member shall be elected each year at the annual convention of said Georgia Sheriffs' Association; Provided, that the elected

Page 647

members presently serving on said board of commissioners shall continue to serve until the expiration of their respective terms, and until their successor is elected as hereinbefore specified and has qualified to serve. Such elected members from the Georgia Sheriffs' Association shall be members of said Georgia Sheriffs' Association and shall also be active members of the Sheriffs' Retirement Fund of Georgia. All terms of members of said board of commissioners shall begin immediately upon election. Death, resignation, removal from office, or ceasing to hold office as a sheriff of a superior court in this State or county commissioner or an active member of this fund, as the case may be, for any reason other than retirement under the provisions of this Chapter shall terminate that member's standing as a board member, and shall create a vacancy in that position on said board. Should a vacancy occur on said board of commissioners in either of the positions held by the president of said county commissioners' association or the president of the Georgia Sheriffs' Association, the remaining members of said board of commissioners shall elect a qualified member of said county commissioners' association or said sheriffs' association, as the case may be, to fill the unexpired term of office so vacated. Should a vacancy occur in any of the other positions on said board of commissioners, the remaining members thereof shall elect a qualified member of said sheriffs' association to fill the vacancy until the next annual convention of said sheriffs' association, at which convention said association shall elect one of its members to fill the unexpired term, if any, of such position so vacated. Three members of said board of commissioners shall constitute a quorum for the conducting of business. All members of said board of commissioners shall serve without pay, but shall be reimbursed for actual expenses incurred in attending meetings and performing duties required as members of said board. 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. Approved March 23, 1977.

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LIMITED DRIVING PERMITS AUTHORIZED FOR FIRST OFFENDERS. Code 68B-311 Amended. No. 275 (House Bill No. 317). An Act to amend Code section 68B-311, relating to limited driving permits for first offenders, so as to provide that a person whose driver's license has been revoked may obtain a limited driving permit 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 section 68B-311, relating to limited driving permits for first offenders, 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 68B-311, to read as follows: (a) Notwithstanding any contrary provisions of section 68B-307 or section 68B-312 or any other sections of this Title, any person may apply for a limited driver's permit when and only when that person's driver's license has been suspended pursuant to (1) accumulating 15 or more points for traffic violations in any 24-month period or (2) a conviction under subsection (3) of section 68B-305 of driving under the influence of drugs or alcohol, provided that such person had not been convicted of or had a plea of nolo contendere to such offense accepted within ten years prior to the date of the most recent conviction. 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. Approved March 23, 1977.

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CORPORATION CODE AMENDEDDISCLOSURE IN TAKEOVER BIDS SPECIFIED. Code Title 22 Amended. No. 276 (House Bill No. 320). An Act to amend Code Title 22, relating to corporations, as amended, so as to provide for full and fair disclosure in connection with takeover bids made for the securities of certain domestic and foreign corporations; to define certain terms including offeror, takeover bid and offeree company; to provide for certain exclusions from the definition of takeover bid, including certain offers approved by management of the offeree company; to provide that it shall be unlawful to make certain takeover bids unless such takeover bids are first the subject of an effective registration statement filed with the Commissioner of Securities and sent to the offeree company; to specify the requirements for the effectiveness of takeover bid registration statements and the information to be included therein; to provide for the furnishing of certain information to the shareholders of the offeree company and to require the filing with the Commissioner of Securities and the offeree company of all written materials proposed to be used in connection with takeover bids; to provide for the power of the Commissioner of Securities to delay summarily the effectiveness of registration statements and to hold hearings with respect to full and fair disclosure in connection with certain takeover bids; to provide for the effective date of takeover bid registration statements and the postponement of the effectiveness of such statements in the event of competing takeover bids and in certain other cases; to provide that the Commissioner of Securities may deny the effectiveness of any registration statement if he finds that it fails to provide for full and fair disclosure; to require the amendment or supplementation of any registration statement or other materials required to be filed under this Act upon the occurrence of any event which causes any such statement or materials to become materially inaccurate or incomplete; to provide that the Commissioner of Securities shall have the power to issue an order summarily causing any registration statement to cease being effective if he shall find that such registration statement or any other

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materials required to be filed under this Act are materially inaccurate or incomplete; to provide that it shall be unlawful for any person to make any representation that the Commissioner of Securities has in any way passed upon the merits of any takeover bid or exempt transaction and to provide that any solicitation materials shall bear a legend relating to the registration of the takeover bid; to provide for the filing of solicitation materials by offeree companies in connection with takeover bids; to provide that it shall be unlawful for any offeror or offeree company to make any solicitation or communication in connection with a takeover bid that contains any false statement of a material fact or omits to state a material fact necessary to make any statement made therein not misleading; to provide that no person who owns five percent or more of any class of equity securities of any offeree company shall make certain takeover bids if any of such securities were purchased within one year before the proposed bid unless he has made certain public disclosures and filed a required statement prior to such purchase; to prohibit fraudulent and deceptive practices in connection with takeover bids and to specify certain nonexclusive activities that shall constitute such fraudulent and deceptive practices; to provide for administration of this Act by the Commissioner of Securities; to specify the rules to be followed in the conduct of hearings at which the disclosures being made in connection with takeover bids are to be considered; to specify the requirements for consents to service of process filed in connection with takeover bid registration statements; to provide for the payment of certain fees and expenses; to provide that the Commissioner of Securities may apply for equitable relief to the Superior Court and shall have certain other powers whenever it appears that any person has engaged in, or is engaging in, or is about to engage in any act or practice constituting a violation of this Act or any rule or order hereunder; to provide that, for purposes of venue, violations of this Act or of any rule, regulation or order promulgated hereunder shall be considered to have been committed in certain nonexclusive specified counties; to provide for certain civil and criminal remedies and penalties for the violation of this Act or any order or rule hereunder; to provide for the reciprocal enforcement by the Commissioner of Securities of orders or injunctions under any act or law of any other state which is substantially

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similar to this Act; to provide for the exclusion of corporations having fewer than 100 holders of record of equity securities and certain other corporations from the scope of this Act; 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 a new Chapter to the Georgia Business Corporation Code to be designated as Chapter 22-19 to read as follows: CHAPTER 22-19 CORPORATE TAKEOVERS 22-1901. Definitions. As used in this Chapter, unless the context otherwise requires, the term: (a) `Equity security' means any of the units into which the proprietary interests in a domestic or foreign corporation are divided or any security convertible into any such unit or any warrant or right to subscribe for or purchase any such unit. (b) `Person' means any individual, corporation, partnership, limited partnership, syndicate, joint-stock company, unincorporated organization, trust, estate or association. (c) `Offeror' means a person who, directly or indirectly, makes any takeover bid, and includes all persons acting jointly or in concert for the purpose of making a takeover bid. `Offeror' does not mean (1) any person, including any bank or broker-dealer, lending funds to an offeror in the ordinary course of its business; (2) any bank, broker-dealer, attorney, accountant, consultant, or employee solely because such person furnishes information or advice to or performs ministerial duties for an offeror; or (3) any broker-dealer who acts as dealer-manager or in some similar capacity in connection with such takeover bid;

Page 652

provided in the case of (1), (2) and (3) above, such person does not otherwise participate in the takeover bid. (d) `Associate' of a person means (1) any corporation or other organization of which such person is an officer or general partner or is directly or indirectly the beneficial owner of ten percent or more of any class of equity securities or other proprietary interests in such organization; (2) any trust or other estate in which such person has a substantial beneficial interest or as to which such person serves as a trustee or in a similar fiduciary capacity; and (3) any relative or spouse of such person, or any relative of such spouse, who has the home as such person. (e) `Offeree' means the record holder of equity securities which an offeror acquires or offers to acquire in connection with a takeover bid. (f) (1) `Takeover bid' means (A) the offer to acquire or the acquisition of any equity security of an offeree company, by means of a tender offer or request or invitation for tenders, if after the acquisition thereof the offeror, together with its associates, would be directly or indirectly a beneficial owner of more than ten percent of any class of the outstanding equity securities of the offeree company, or (B) the offer to acquire or the acquisition of any equity security of an offeree company by any means other than a tender offer or request or invitation for tenders as contemplated by (A) above, if prior to such offer or acquisition the offeror, together with its associates, is directly or indirectly the beneficial owner of more than ten percent of any class of equity security of the offeree company and such acquisition, together with all other acquisitions by such offeror and its associates within the twelve- month period immediately preceding the date of such offer or acquisition, would constitute more than two percent of any class of equity security of the offeree company.

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(2) With respect to conduct of the type specified in sections 22-1901 (f)(1)(A) and 22-1901 (f)(1)(B), a takeover bid shall not include, for the purposes of this Chapter, an offer to acquire, or the acquisition of, any equity security of an offeree company pursuant to: (A) an offer or offers made to not more than fifteen offerees during any period of twelve consecutive months; (B) an offer made on substantially equal terms to all shareholders of the class of equity securities of the offeree company to which the offer relates and as to which the offeree company, acting through its board of directors, has, prior to the time that such offer is first made, recommended acceptance to such shareholders, if the terms thereof, including any inducements to officers or directors of the offeree company and any of their associates that are not available to all shareholders, have been disclosed to all shareholders; (C) an offer by a corporation to acquire its own equity securities or the equity securities of its subsidiary corporation as defined in section 22-102(c); or (D) an offer to exchange the securities of an issuer for equity securities of an offeree company where the securities proposed to be issued are registered pursuant to the federal Securities Act of 1933, as amended, or the Georgia Securities Act of 1973, as amended (Ga. L. 1973, p. 1202 et seq., as amended), in connection with such offer. (E) (i) an offer by a person to exchange securities for, seek to acquire, or acquire in the open market or otherwise, any voting securities of a domestic insurer or of a person controlling a domestic insurer if such person making the offer is subject to the requirements of section 56-3403 of the Georgia Insurance Code relating to acquisitions of or mergers with domestic insurers, or (ii) an offer by a person to merge with a domestic insurer or with a person controlling a domestic insurer if such person making the offer is subject to the requirements of section 56-3403 of the Georgia Insurance Code relating to acquisitions of or mergers with domestic insurers.

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(3) With respect solely to conduct of the type specified in section 22-1901 (f)(1)(B), a takeover bid shall not include, for the purposes of this Chapter, an offer to acquire, or the acquisition of, any equity security of an offeree company pursuant to an offer made by (A) a person who is an officer or director of the offeree company or who, together with his associates, is directly or indirectly the beneficial owner of more than fifty percent (50%) of the outstanding equity securities of the offeree company, or (B) any relative or spouse of such person, or any relative of such spouse, who has the same home as such person. (g) `Offeree company' means a corporation having 100 or more holders of record of its equity securities and whose equity securities are the subject of a takeover bid, which (1) in the case of a domestic corporation has either its principal office in this State or significant assets in this State, or (2) in the case of a foreign corporation has both its principal office in this State and significant assets in this State. (h) `Broker-dealer' means any person engaged, directly or indirectly, as agent, broker or principal, in the business of purchasing, offering, selling or otherwise dealing or trading in securities for the account of others or for his own account. `Broker-dealer' shall include `dealer' and `salesman' as such terms are defined in sections 2(a)(5) and 2(a)(15) respectively of the Georgia Securities Act of 1973, as amended (Ga. L. 1973, p. 1202 et seq., as amended). (i) `Commissioner' means the Commissioner of Securities of this State. 22-1902. Registration of Takeover Bids. (a) It shall be unlawful for an offeror to make or continue to make a takeover bid or to acquire any equity security pursuant to a takeover bid, unless such takeover bid is the subject of an effective registration statement under this Chapter. Before a registration statement can become effective under this Chapter, the offeror shall file such a statement with the Commissioner containing the information prescribed in subsection (b) of this section, shall comply with the other requirements as set forth in said subsection (b) and the requirements set forth in subsection (c) and, not later than the date of such filing, shall send a copy of such statement by certified mail to the offeree company at its principal office.

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(b) In the case of an offeror which is a corporation, the registration statement shall be executed by the offeror in the manner provided in section 22-104(c), and in the case of all other offerors, as prescribed by the Commissioner. The registration statement shall be filed with the Commissioner on forms prescribed by the Commissioner. The registration statement shall be accompanied by a consent to service of process properly executed by each person who may be deemed an offeror in the form specified in section 22-1908 and by the filing fee specified in section 22-1909(a). The registration statement shall contain the following information and such additional information as the Commissioner by rule or order shall prescribe: (1) The identity, business or occupation, background and address of the principal place of business of each person who may be deemed an offeror as defined in section 22-1901(c); (2) The amount of equity securities of the offeree company beneficially owned by each offeror and its officers and directors and by each associate of such offeror and of its officers and directors, the amount of equity securities acquired during the last 12 months by each such person and the consideration paid therefor, and the amount of equity securities of the offeree company which each such person has a right to acquire directly or indirectly, together with the name and address of the principal place of business of each such person; (3) The source and amount of funds or other consideration used or to be used in acquiring any equity securities of the offeree company and, if any part of such funds or other consideration is or will be borrowed or obtained from any other person, a description of the transaction and the names of the parties thereto, except that where a source of funds is a loan made in the ordinary course of business by a bank, if the person filing such statement so requests, the name of the bank shall not be made available to the public; (4) A statement of any plans, intentions or proposals which the offeror has to liquidate the offeree company, relocate any operations of the offeree company, sell any of its assets, effect its merger or consolidation, or make any other material changes in its business, corporate structure, management or personnel;

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(5) All material information as to any contracts, arrangements or understandings, either in existence or proposed, which the offeror has with any person with respect to the takeover bid or with respect to any equity securities of the offeree company, including any employment or management contracts with existing management or proposed between the offeror and the existing management of the offeree company, transfers of any equity securities, joint ventures, loan or option agreements, puts and calls, guarantees of loans, guarantees against loss, guarantees of profits, division of losses or profits, or the giving or withholding of proxies, naming the person or persons in each instance with whom such contracts, arrangements or understandings have been or are proposed to be entered into; (6) (A) All material information concerning the organization and operations of any offeror which is a corporation, partnership, business trust or association, including the year, form and jurisdiction of its organization, a description of the business done by each such offeror and any material changes therein during the past three years, a description of each class of such offeror's capital stock and its long-term debt, a description of the location and character of the principal properties of the offeror and its subsidiaries, a description of any pending legal or administrative proceeding to which the offeror or any of its officers, directors or associates is a party and which is material to an offeree's consideration of the offer, the names of all directors and executive officers of the offeror and their material business activities and affiliations during the past three years. (B) Copies of its consolidated balance sheet as of the end of its most recent fiscal year and, if the date of filing the registration statement is more than 90 days after the end of its most recent fiscal year, a consolidated balance sheet as of a date not more than 90 days prior to the date the registration statement is filed, statements of income and source and application of funds for each of the three full fiscal years preceding the date the registration statement is filed and for the interim period, if any, between the end of the most recent fiscal year and the date of the most recent balance sheet being filed, together with statements of income and source and application of funds for the comparable interim period in the prior year. All such statements shall have been prepared in accordance with generally accepted accounting

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principles consistently applied. All statements covering fiscal years shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office and all interim statements shall be certified by the chief accounting or financial officer of the offeror. (7) All material information concerning the identity and background of any offeror, other than an offeror referred to in paragraph (6) above, including the material business activities and affiliations of each such offeror during the past three years, a balance sheet of the offeror as of a date within 90 days of the filing of the registration statement certified by the offeror or an independent public accountant, and a description of any pending legal or administrative proceedings to which the offeror or any of such offeror's associates is a party and which is material to an offeree's consideration of the offer. (c) At the time of filing the registration statement, the offeror shall file with the Commissioner and shall also mail to the offeree company by certified mail three copies of any written materials proposed to be used in connection with the takeover bid in the form proposed to be published, used or sent to offerees. Such material shall include all advertisements, circulars, letters or other materials of the offeror soliciting or requesting the acceptance of the takeover bid. All such material published, sent or delivered to offerees shall contain all material terms of the proposed takeover bid, including the information required by paragraphs (1), (2), (3), (4) and (5) of subsection (b) and shall state that the registration statement filed by such offeror under this Chapter is on file at the office of the Commissioner and that upon request, the offeror will promptly forward to any offeree copies of such registration statement and the materials required to be filed under this subsection (c), as such statement or materials may be amended or supplemented from time to time, at no expense to such offeree. (d) The Commissioner may require the offeror to file any other documents, exhibits and information that he deems material to the takeover bid, and he may permit the omission of any of the information specified in subsection (b) if he determines that such information is not required for the protection of offerees

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or is unreasonably burdensome on the offeror. The Commissioner may by order summarily delay the effective date of the registration statement if he determines that the registration statement does not contain all of the information required, or that the offeror has not filed all of the materials required to be filed under subsection (c), or that any solicitation materials proposed to be published, delivered or sent to offerees do not meet the requirements of subsection (c) or do not provide for full and fair disclosure to offerees of all material information concerning the takeover bid, subject to the right of the offeror to a hearing as provided in section 22-1907(b) of this Chapter. (e) A registration statement filed under this Chapter shall become effective at 3:00 p.m. ten full business days after the date of filing the registration statement with the Commissioner unless delayed by order of the Commissioner, or unless prior thereto the Commissioner calls a hearing with respect to the takeover bid that is the subject of such registration statement. The Commissioner shall call a hearing if so requested by the offeree company, acting through its board of directors, by a written request filed with him not later than 4:00 p.m. on the seventh full business day following the date of filing of the registration statement. If a hearing is called, the registration statement shall not become effective until it is declared effective by order of the Commissioner. Notwithstanding the foregoing, if, at any time prior to the date upon which any registration statement under this Chapter would otherwise become effective under this section, any other offeror shall file a registration statement under this Chapter with respect to a takeover bid for any class of equity securities of the same offeree company, the effective date of any prior registration statement shall be postponed until such prior registration statement is declared effective by order of the Commissioner or until the earlier of (1) the effective date of the subsequent statement, (2) the date of withdrawal of the subsequent statement, or (3) the date of denial of effectiveness of the subsequent statement. (f) Any hearing called by the Commissioner under this section shall be held within twenty days of the date of filing of the registration statement under subsection (b), and any determination made following the hearing shall be made within thirty days after such filing, unless the Commissioner by order extends such time periods for the convenience of the parties or for the protection

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of offerees in this State. If, following the hearing, the Commissioner finds that the registration statement does not contain all of the information required to be included therein or that the solicitation materials proposed to be published, delivered or sent to offerees do not meet the requirements of subsection (c) or fail to provide for full and fair disclosure to offerees of all material information concerning the takeover bid, he shall by order deny effectiveness of the registration statement, without prejudice to any subsequent filing of a registration statement by such offeror. If he finds that the registration statement contains all of the information required to be included therein and that the solicitation materials proposed to be published, delivered or sent to offerees meet the requirements of subsection (c) and provide for full and fair disclosure to offerees of all material information concerning the takeover bid, he shall by order promptly declare the registration statement effective. (g) Upon the occurrence of any event which causes any registration statement filed under this Chapter or any materials required to be filed under subsection (c) to become materially inaccurate or incomplete, the offeror shall file with the Commissioner an appropriate amendment to such registration statement or shall appropriately amend or supplement its filing of such materials, and not later than the date of such filing shall send a copy of such amendment or such amended or supplemental materials by certified mail to the offeree company as its principal office and to any offeree to whom such materials have previously been delivered. The Commissioner shall have the power to issue an order summarily causing any registration statement to cease being effective if he shall find that such registration statement or any materials required to be filed under subsection (c) in connection with such registration statement are, for any reason, materially inaccurate or incomplete. (h) It shall be unlawful for any person to make any representation to any person that the filing or effectiveness of a registration statement or the registration of any takeover bid under this Chapter, or the existence of any exemption from the registration requirements of this Chapter, means that the Commissioner has passed in any way upon the truth, completeness, or accuracy of any such registration statement, the merits of any takeover bid or exempt transaction, or has recommended or given approval to

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any takeover bid or exempt transaction. Any solicitation materials sent to offerees in connection with a takeover bid registered under this Chapter shall contain the following legend on the cover page thereof in bold face print or capital type: THIS TAKEOVER BID HAS BEEN REGISTERED WITH THE SECURITIES COMMISSIONER OF THE STATE OF GEORGIA. THE SECURITIES COMMISSIONER HAS NOT PASSED UPON THE MERITS OF THE TAKEOVER BID AND DOES NOT IN ANY WAY ENDORSE OR RECOMMEND THE ACCEPTANCE OR REJECTION OF THE TAKEOVER BID. 22-1903. Solicitations and Communications. (a) Copies of all advertisements, circulars, letters or other materials of the offeree company, soliciting or requesting the acceptance or rejection of the takeover bid, shall be filed with the Commissioner and sent to the offeror not later than the time copies of such solicitation materials are first published, used or sent to offerees. (b) No solicitation or communication by an offeror or an offeree company to an offeree in connection with a takeover bid shall make any false statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading. The Commissioner may by rule or order prohibit the use of any solicitation material deemed by him materially false misleading. 22-1904. Limitations on Offerors. No offeror shall make a takeover bid of the type specified in section 22-1901(f)(1)(A) if he beneficially owns, directly or indirectly, five percent or more of any class of the equity securities of the offeree company, any of which were purchased within one year before the proposed takeover bid, unless the offeror, before making such prior purchase, or before the thirtieth day following the effective date of this Chapter, whichever is later, made a public announcement of his intentions or the lack thereof with respect to changing or influencing the management or control of the offeree company and filed with the Commissioner and with the offeree company a statement specifying such intentions or the lack thereof and containing such additional information as the Commissioner may by rule prescribe.

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22-1905. Fraudulent and Deceptive Practices or Manipulative Acts. (a) It shall be unlawful for any offeror or offeree company, or an officer, director or associate of an offeror or offeree company, or any broker-dealer acting on behalf of any offeror or offeree company to engage in any fraudulent, deceptive or manipulative acts or practices in connection with a takeover bid. (b) Any broker-dealer who knowingly acts on behalf of an offeror in connection with any offer to acquire or any acquisition of any equity security of an offeree company pursuant to a takeover bid which is not the subject of an effective registration statement under this Chapter shall be deemed to have engaged in a fraudulent, deceptive or manipulative act or practice 22-1906. Administration. This Chapter shall be administered by the Commissioner, who shall have the same powers and authority with respect to this Chapter as are vested in him under sections 10 and 11 of the Georgia Securities Act of 1973, as amended (Ga. L. 1973, p. 1202 et seq., as amended) with respect to such Act. 22-1907. Hearings. (a) Any formal hearing held pursuant to the provisions of this Chapter shall be conducted in accordance with the provisions of section 17 of the Georgia Securities Act of 1973, as amended (Ga. L. 1973, p. 1202 et seq., as amended). (b) Where the Commissioner has issued an order summarily delaying the effective date of a registration statement under section 22-1902(d), he shall promptly send to the offeror a notice of opportunity for hearing as to whether the registration statement and other materials filed by the offeror comply with the requirements of this Chapter. 22-1908. Consent to Service. Where a consent to service of process is required under this Chapter, such consent to service of process shall be in the form prescribed by the Commissioner, shall be irrevocable, and shall provide that actions arising out of or founded upon the acquisition or offer to acquire any securities in violation of this Chapter may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this State by the service of process or

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pleadings upon the Commissioner. Service of any such process or pleadings in any such actions against the person who has filed a consent to service with the Commissioner shall, if made upon the Commissioner, be by duplicate copies, one of which shall be filed in the office of the Commissioner and the other shall immediately be forwarded by the Commissioner by registered mail to the person against whom such process or pleadings are directed at his latest address on file in the office of the Commissioner. 22-1909. (a) The Commissioner shall charge a filing fee of $250 for any registration statement filed by an offeror in connection with a takeover bid of the type specified in section 22-1901(f)(1)(A), a filing fee of $50 for any registration statement filed by an offeror in connection with a takeover bid of the type specified in section 22-1901(f)(1)(B), a filing fee $20 for any statement of intent filed by an offeror as specified in section 22-1904 and may charge a fee which shall not exceed $50 for any amendment to a registration statement or statement of intent previously filed under this Act. (b) Upon filing an application with the Commissioner for hearing under this Chapter, the requesting party shall pay to the Commissioner a fee of $250 and shall deposit with the Commissioner such sum, not to exceed $2,500, as the Commissioner may require to defray the costs of such hearing. (c) Upon the conclusion of any hearing held pursuant to this Chapter, the expenses reasonably attributable to such hearing shall be charged to and allocated between the offeror and offeree companies in such manner as the Commissioner shall by order provide. 22-1910. Injunction and Prosecution of Violations. Whenever it may appear to the Commissioner, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this Chapter or by any rule, regulation or order of the Commissioner promulgated or issued pursuant to any section of this Chapter or which is declared to be unlawful under this Chapter, the Commissioner shall have the power and authority to act, at his discretion, in the manner specified by section 13 of the Georgia Securities Act of 1973, as amended (Ga. L.

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1973, p. 1202 et seq., as amended) provided that in addition to the power and authority conferred by such section 13, the Commissioner may apply to any Superior Court of competent jurisdiction in this State for an order requiring the rescission of any purchases of securities determined to be unlawful under this Chapter or any rule or order hereunder and provided further that the right to a hearing provided for in section (a)(1) of such section 13 shall refer to the right of hearing provided for in section 22-1907(b) of this Chapter. 22-1911. Venue. For purposes of venue for any civil or criminal action under this Chapter, any violation of this Chapter or of any rule, regulation or order promulgated hereunder shall be considered to have originated, to have been committed and to have accrued, in addition to, and not in limitation of any other counties that may be prescribed by reason of other laws, (a) in any county in which any act was performed in furtherance of the transaction which violated the Chapter, (b) in the county of any violator's principal place of business in this State, (c) in the county of the offeree company's principal place of business in this State, and (d) in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents or other materials or objects that were used in furtherance of said violation. 22-1912. Criminal Penalties. (a) Any person who shall willfully violate any provision of this Chapter in connection with a takeover bid of the type specified in section 22-1901(f)(1)(A) shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisonment of not less than one and not more than five years, or both. (b) Any person who shall willfully violate any provision of this Chapter in connection with a takeover bid of the type specified in section 22-1901(f)(1)(B) shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $500 nor more than $1,000, or by imprisonment for not more than 180 days, or both. (c) Nothing in this Chapter shall limit any statutory or common law right of the State to punish any person for violation of any provision of any law.

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22-1913. Civil Liabilities. (a) Any offeror who purchases an equity security in connection with a takeover bid not in compliance with this Chapter shall be liable to the person selling the security to him, who may sue in any court of competent jurisdiction to recover the equity security, plus any income received by the offeror thereon, upon tender of the consideration received, or for damages. Damages are the excess of the value of the equity security on the date of purchase or its present value, whichever is greater, over the present value of the consideration received for the equity security. Tender shall require only notice of willingness to pay the amount specified in exchange for the equity security. If such suit be successful, in whole or in part, the court may award such person reasonable attorneys' fees. (b) Every person who directly or indirectly controls a person liable under subsection (a) shall also be liable jointly and severally with and to the same extent as such person, unless the person liable hereunder proves that he did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. Contribution shall be allowed as in cases of contract among the several persons so liable. (c) No action may be maintained to enforce any liability created under this Chapter unless brought within one year after the discovery of the violation or after such discovery should have been made by the exercise of reasonable diligence. In no event, however, shall any action be brought to enforce a liability created under this Chapter more than three years after the date of the violation. (d) The rights and remedies under this section are in addition to any other rights or remedies that may exist at law or in equity. 22-1914. Reciprocity. Regardless of whether an offer or acquisition is subject to the provisions of this Chapter, the Commissioner shall have the authority to apply for appropriate relief to any Superior Court of competent jurisdiction to enjoin the offer to acquire, pursuant to a tender offer or invitation for tenders, or the acquisition of any equity securities of a corporation or other issuer of securities, if such offer or acquisition is the subject of any temporary or permanent administrative or judicial order

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restraining or enjoining such offer or acquisition under any act or law of any other state which is substantially similar to this Chapter. 22-1915. Application of Chapter. (a) This Chapter shall apply to an offeree company (1) in the case of a domestic corporation only if such offeree company is a corporation for profit organized under the provisions of the Georgia Business Corporation Code or under any prior general corporation law of this State and (2) in the case of a foreign corporation only if such offeree company is a corporation for profit organized under laws other than the laws of this State for purposes similar to the purposes for which corporations for profit are organized under the provisions of the Georgia Business Corporation Code. (b) This Chapter shall not apply (1) to any offeree company having fewer than 100 holders of record of its equity securities, or (2) to any offer or acquisition which requires a prior approval by vote of the holders of at least a majority of the outstanding equity securities of the offeree company pursuant to its charter or articles of incorporation or the applicable corporation statute. Section 2. If any provision or clause of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval; provided, however, that the provisions of this Act shall not apply to any offer to acquire any equity security of an offeree company, or any acquisition of such equity security pursuant to such offer, where such offer in substantially the same form was first publicly announced or otherwise made or extended to the offeree or to the shareholders of the offeree company prior to the effective date of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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COUNTY TAX ASSESSORS'AGE REQUIREMENTS. Code Ch. 92-69 Amended. No. 277 (House Bill No. 339). An Act to amend Chapter 92-69 of the Georgia Code of 1933, relating to the creation, appointment, qualifications, organization, meetings, staff, and duties of county tax assessors, as amended, particularly by an Act approved April 6, 1972 (Ga. L. 1972, p. 1114), so as to provide for minimum age qualifications for county tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 92-69 of the Georgia Code of 1933, relating to the creation, appointment, qualifications, organization, meetings, staff, and duties of county tax assessors, as amended, particularly by an Act approved April 6, 1972 (Ga. L. 1972, p. 1114), is hereby amended by striking paragraph (a) of section 92-6905 in its entirety and substituting in lieu thereof a new paragraph (a) of section 92-6905 to read as follows: (a) No person shall serve as tax assessor who is less than twenty-one (21) years of age or more than seventy-two (72) years of age. 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. Approved March 23, 1977.

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TRAFFIC REGULATIONSHOURS FOR HEADLIGHTS SPECIFIED. No. 278 (House Bill No. 359). 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 13, 1973 (Ga. L. 1973, p. 434), so as to change the provisions relative to when lighted lamps are required; 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 13, 1973 (Ga. L. 1973, p. 434), is hereby amended by adding in the title of section 103 after the word lamps the words and headlamps, and by adding in said section 103 after the word lamps the following: , including headlamps,, so that when so amended section 103 shall read as follows: Section 103. When lighted lamps and headlamps are required. Every vehicle upon a highway within this State at any time from a half hour after sunset to a half hour before sunrise and at any time when it is raining in the driving zone and at any other time when there is not sufficient visibility to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead shall display lighted lamps, including headlamps, and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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SALARIES OF SECRETARIES TO SUPERIOR COURT JUDGES AND DISTRICT ATTORNEYS CHANGED. No. 279 (House Bill No. 360). An Act to amend an Act fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, particularly by an Act approved April 25, 1975 (Ga. L. 1975, p. 1506), so as to change the compensation provisions relating to secretaries of the judges of the superior courts and district attorneys; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, particularly by an Act approved April 25, 1975 (Ga. L. 1975, p. 1506), is hereby amended by striking section 1B in its entirety and inserting in lieu thereof a new section 1B, to read as follows: Section 1B. Each superior court judge is hereby authorized to employ a secretary. Each secretary so employed shall be an employee of the judicial branch of State government and shall be in the unclassified service of the State Merit System of Personnel Administration. Said secretary shall be compensated in an amount to be set by the superior court judge commensurate with industry salaries in the community for similar work. An amount not to exceed $8,400 per annum for the salary of the secretary as herein provided and fixed shall be paid in equal monthly installments from State funds appropriated or otherwise made available for the operation of the superior courts. Effective July 1, 1978, the maximum figure hereinbefore provided for such secretaries' salaries which are to be paid from State funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration. Secretaries employed hereunder shall possess such qualifications as shall be determined by the judge employing said secretary and shall serve at the pleasure of said judge. Said secretary shall perform such duties and services as shall be prescribed by the judge. In addition to the salary paid as herein prescribed, any employer's contribution required by the

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Act of Congress, approved August 14, 1935, 49 Stat. 620, known as the `Social Security Act', as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts. Section 2. Said Act is further amended by striking section 1C in its entirety and inserting in lieu thereof a new section 1C, to read as follows: Section 1C. Each district attorney is hereby authorized to employ a secretary. Each secretary so employed shall be an employee of the judicial branch of State government and shall be in the unclassified service of the State Merit System of Personnel administration. Said secretary shall be compensated in an amount to be set by the district attorney commensurate with industry salaries in the community for similar work. An amount not to exceed $8,400 per annum for the salary of the secretary as herein provided and fixed shall be paid in equal monthly installments from State funds appropriated or otherwise made available for the operation of the superior courts. Effective July 1, 1978, the maximum figure hereinbefore provided for such secretaries' salaries which are to be paid from State funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration. Secretaries employed hereunder shall possess such qualifications as shall be determined by the district attorney employing said secretary and shall serve at the pleasure of said district attorney. Said secretary shall perform such duties and services as shall be prescribed by the district attorney. In addition to the salary paid as herein prescribed, any employer's contribution required by the Act of Congress, approved August 14, 1935, 49 Stat. 620, known as the `Social Security Act', as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDLIFE INSURANCE ELIGIBILITY AGE CHANGED, ETC. No. 280 (House Bill No. 375). 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), and an Act approved April 18, 1967 (Ga. L. 1967, p. 751), so as to change the age at which certain members of the Employees' Retirement System may become eligible for Group Term Life Insurance coverage; to provide for an election of such coverage by affected members; to change the duties of the Board of Trustees; to provide that all eligible officers and employees of the Geo. L. Smith II Georgia World Congress Center Authority are authorized to become members of the Employees' Retirement System of Georgia; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 323), and an Act approved April 18, 1967 (Ga. L. 1967, p. 751), is hereby amended by deleting therefrom the first paragraph of paragraph (d) of subsection (2) of section 17, which reads as follows: No person employed or reemployed after January 1, 1953, and no person transferring to this System who has attained age 56 or does attain age 56 prior to first, and/or again becoming a contributing member of the System shall be eligible for Survivors' Benefits. Provided, however, on and after July 1, 1967, no person employed or reemployed and no person transferring to this System who has attained age 51 or does attain age 51 prior to first and/or again becoming a contributing member of the System shall be eligible for Survivors' Benefits.,

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and substituting in lieu thereof a new first paragraph of paragraph (d) of subsection (2) of section 17, which shall read as follows: No person employed or reemployed after January 1, 1953, and no person transferring to this System, who has attained age 57, or does attain age 57 prior to first and/or again becoming a contributing member of the System, shall be eligible for Group Term Life Insurance coverage. 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 December 31, 1977. 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 necessery 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 coverage. The Board of Trustees shall, in writing, notify each State department covered under this Retirement System of the provisions of this amendment. Each State department shall then, in writing, notify all affected members within the department as to their rights as afforded under this amendment. Section 2. Said Act is further amended by adding a new section between section 3A and section 4 thereof, to be designated section 3B, to read as follows: Section 3B. Geo. L. Smith II Georgia World Congress Center Authority; inclusion of employees in System. All officers and employees of the Geo. L. Smith II Georgia World Congress Center Authority are hereby authorized to become and be members of the Employees' Retirement System of Georgia as established by this Act, with a commencement date of April 1, 1977, but any officer or employee of the Authority already a member of the Employees' Retirement System by virtue of services with an employer as defined in this Act or with an agency or instrumentality covered by this Act shall be entitled to credit for his services and no officer or employee shall suffer any loss of credit to which he is otherwise entitled. There shall be paid from funds appropriated or otherwise available for the operation of

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the Geo. L. Smith II Georgia World Congress Center Authority all employer contributions required by this Act, including employer social security contributions. The commencement date shall be April 1, 1977. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. POLITICAL SUBDIVISIONS AUTHORIZED TO HAVE SAFETY DEPOSIT BOXES. No. 281 (House Bill No. 383). An Act to allow any political subdivision of the State of Georgia to enter into a contract for a lock box system with any bank in this State to have such bank receive, process and deposit mailed tax returns and payments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. For the purpose of reducing administrative costs and to provide for more effective tax administration, any political subdivision of the State of Georgia may enter into a contract for a lock box system with any bank in this State to have such bank receive, process and deposit mailed tax returns and payments. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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DEPARTMENT OF LABORSUPPLEMENTAL APPROPRIATION TO ADMINISTER THE EMPLOYMENT SECURITY LAW. No. 282 (House Bill No. 403). An Act to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of sections 9 and 13 of the Employment Security Law, as amended, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the construction, maintenence, improvements or repair of, or alterations to, such real or personal property; to authorize the Commissioner of Labor of Georgia to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby appropriated to the Department of Labor out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with section 903 of the Social Security Act, as amended, an additional amount of $900,000.00.

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That of said additional amount, the sum of $900,000.00 is authorized to be allocated for expenses incurred in the administration of the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenence, improvements, repairs or alterations of and to such real or personal property. Provided, that the amount appropriated herein does not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in section 9 of the Employment Security Law, as amended; and provided that the amount which may be obligated shall not exceed the limitations provided in section 9(c)(3) of the Employment Security Law, as amended; and provided that said additional funds shall not be obligated for expenditure, as herein provided, after the close of the two-year period which begins on the date of enactment of this Act. Section 2. The Commissioner of Labor is authorized, pursuant to and in accordance with section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure, for use in such locations in this State as he finds to be economical and desirable, such money as authorized in this Act and in sections 9 and 13 of the Employment Security Law, as amended, and in the manner and for the purposes authorized in this Act, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use by the Employment Security Agency in said Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of, or alterations, to such real or personal property, to employ workers, contract with persons, public and

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private agencies, corporations, and other entities, to allocate any unexpended accounts herein appropriated, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property, and the expenditure of any funds appropriated herein, shall be in accordance with this State's applicable laws existing on the effective date of this Act. Section 3. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. MECHANICS' AND MATERIALMEN'S LIENSRECORDING CLARIFIED, ETC. Code Ch. 67-20 Amended. No. 283 (House Bill No. 406). An Act to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, so as to clarify the recordation of such liens; to provide for notice of commencement of legal actions on claims of liens; to establish a procedure for the cancellation of bonds; to provide for other matters relative to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, is hereby amended by striking Code section 67-2002 in its entirety and substituting in lieu thereof a new Code section 67-2002 to read as follows:

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67-2002. How liens declared and created; record; comencement of action; notice of suit; priorities. To make good the liens specified in section 67-2001, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective, viz.: 1. A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving, or for architectural services furnished, or for registered land surveying or registered professional engineering services furnished or performed, or for materials or machinery furnished or set up, as set forth in said section. 2. The filing for record of his claim of lien within three months after the completion of the work, or furnishing of such architectural services, or furnishing or performance of such surveying or engineering services, or within three months after such material or machinery is furnished, in the office of the clerk of the superior court of the county where such property is situated, which claim shall be in substance as follows: `A. B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered land surveyor, registered professional engineer, or other person (as the case may be), claims a lien in the amount of (specify the amount claimed) on the house, factory, steam mill, machinery, or railroad (as the case may be), and the premises or real estate on which it is erected, or built, of C. D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due) for building, repairing, improving, or furnishing material (or whatever the claim may be).' The clerk of the superior court shall have the right to rely upon the amount specified above in determining the sufficiency of any bond to discharge under section 67-2004. The failure to specify both the amount claimed due under the lien and the date said claim was due shall result in such lien not constituting notice for any purpose. 3. The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same

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shall become due, and if the action is not filed in the superior court of the county in which the claim of lien was filed, then also within such 12 months' period, the party claiming the lien shall file under oath with the clerk of the superior court of the county wherein the subject lien was filed a notice identifying the court wherein the action is brought, the style and number of the action, including the names of all parties thereto, the date of the filing of the action, and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in section 67-2001 are filed. Failure to bring action and to file such notice within the time required shall extinguish the subject claim of lien and render the same unenforceable. In the event any contractor or subcontractor procuring material, architect's services, registered land surveyor's services, or registered professional engineer's services, labor or supplies for the building, repairing or improving any real estate, building, or other structure shall abscond or die or remove from the State within 12 months from the date such services, labor, supplies or material are furnished him, so that personal jurisdiction cannot be obtained on said contractor or subcontractor in a suit for said services, material, labor or supplies, or if such contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of suit, no final judgment can be obtained against him for the value of such material, services, labor or supplies, by reason of his death or adjudication in bankruptcy, then and in any of said events, the person or persons so furnishing material, services, labor and supplies shall be relieved of the necessity of filing suit or obtaining judgment against such contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by said contractor or subcontractor and may, subject to the provision of section 67-2001, enforce said lien directly against the property so improved, in an action against the owner thereof, if filed within 12 months from the time the same shall become due, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of said property: Provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same, may set up such payment in any action brought, and prove by competent and relevant evidence that such

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payments were applied as provided by law, and no judgment shall be rendered against the property improved. As between themselves, the liens provided for in said section shall rank according to date filed, but all of the liens herein mentioned for repairs, building, or furnishing materials or services, upon the same property, shall, as to each other, be of the same date when declared and filed for record within three months after the work is done, or before that time. Said liens specified in section 67-2001 shall be inferior to lien for taxes, to the general and special liens of laborers, to the general lien of landlords of rent when a distress warrant issued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens, when actual notice of such general lien of landlords and others has been communicated before the work was done or materials or services furnished; but the said liens provided for in said section shall be superior to all other liens not herein excepted. 4. In any proceeding brought by any materialman, or by any mechanic, or by any laborer, or by any subcontractor or by any mechanic of any sort employed by any subcontractor or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, to enforce such a lien, the contractor having direct contractual relationship with said subcontractor shall not be a necessary party, but he may be made a party, and in any proceedings brought by any mechanic employed by any subcontractor, or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, the subcontractor shall not be a necessary party, but he may be made a party; said contractor or subcontractor or both may intervene in said proceedings at any time before judgment, for the purpose of resisting the establishment of said lien or of asserting against the lienor any claim of the contractor or subcontractor growing out of or related to the transaction upon which the asserted lien is based. Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval, but the provisions of this Act shall not be applicable to any obligation created prior to the effective date of this Act.

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Section 3. All laws. and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. EDUCATIONADEQUATE PROGRAM FOR EDUCATION ACT AMENDEDAGENCY FOR SURPLUS PROPERTY AUTHORIZED. No. 284 (House Bill No. 442). 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 change the provisions relative to the State Agency for Surplus Property; 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, is hereby amended by striking section 59 in its entirety and substituting in lieu thereof a new section 59 to read as follows: Section 59. State Agency for Surplus Property; Cooperative Agreements; State Plan of Operations. The State Board of Education is hereby authorized to establish and operate a State Agency for Surplus Property for the purpose of distributing surplus properties made available by the Federal Government under the provisions of Public Law 152, 81st Congress, as amended, to institutions, organizations, agencies and others as may now or hereafter be eligible to receive such surplus properties pursuant to applicable provisions of Federal law. The State Board of Education may enter into or authorize the State Agency for Surplus Property to enter into cooperative agreements with the Federal Government for the use of surplus properties by the State Agency. A task force composed of representatives of the Department of Education, the Department of Administrative Services, and the Bureau

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of Community Affairs shall be responsible for and is delegated the authority for developing a temporary State Plan of Operations in accordance with provisions of Federal law. Such State Plan of Operations shall be approved by the Governor and shall include assurances with regard to operational authority and capability, including staff, facilities, means and methods of financing, and procedures with respect to: accountability, internal and external audits, cooperative agreements, compliance and utilization reviews, equitable distribution and property disposal, determination of eligibility, and other requirements as specified by Federal law as now exists or is amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. TAX ON DOCUMENTS TRANSFERRING REAL PROPERTYDEEDS IN LIEU OF FORECLOSURE EXEMPTED. No. 285 (House Bill No. 464). An Act to amend an Act providing for a tax on certain deeds, instruments or other writings transferring real estate, approved April 18, 1967 (Ga. L. 1967, p. 788), as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1102), an Act approved March 21, 1969 (Ga. L. 1969, p. 109), an Act approved April 18, 1975 (Ga. L. 1975, p. 782) and an Act approved March 31, 1976 (Ga. L. 1976, p. 1059), so as to exempt from taxes on the transfer of real property deeds issued in lieu of foreclosure; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for a tax on certain deeds, instruments or other writings transferring real estate, approved April 18, 1967 (Ga. L. 1967, p. 788), as amended by an Act approved

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April 8, 1968 (Ga. L. 1968, p. 1102), an Act approved March 21, 1969 (Ga. L. 1969, p. 109), an Act approved April 18, 1975 (Ga. L. 1975, p. 782) and an Act approved March 31, 1976 (Ga. L. 1976, p. 1059), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. 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 from any grantor or grantors to any grantee or grantees, or to any instrument or writing executed by any agency of the State of Georgia or the U. S. Government or by any political subdivision or either of them, or by any public corporation or authority. Provided, however, this exemption shall not apply to any profit-making public corporation and in order to exercise the exemption the total consideration of the transfer shall be shown. Provided, further, that the tax imposed by section 1 shall not apply to any lease of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; provided, further, that the tax imposed by section 1 shall not apply to any transfer of real estate between a husband and wife in connection with a divorce case; 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; provided, further, that the tax imposed by section 1 of this Act shall not apply to any deed issued in lieu of foreclosure if the deed issued in lieu of foreclosure is for a purchase money deed to secure debt that has been in existence and properly executed and recorded for a period of twelve months prior to the recording of the deed in lieu of foreclosure. 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. Approved March 23, 1977.

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PEACE OFFICERSDISABILITY BENEFITS CHANGED. No. 286 (House Bill No. 469). 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 March 24, 1976 (Ga. L. 1976, p. 580), so as to change the provisions relative to disability benefits 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 creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended, particularly by an Act approved March 24, 1976 (Ga. L. 1976, p. 580), is hereby amended by adding at the end of section 12 a new subsection to be designated subsection (r), to read as follows: (r) Notwithstanding any other provision of law to the contrary, any member who was receiving disability benefits pursuant to this section on the effective date of this subsection or who becomes eligible to receive disability benefits after the effective date of this subsection, who has a total of 30 years of creditable service at the time the member is first eligible for such disability benefits, and whose disability resulted from disease or injury caused while performing the duties of a peace officer shall receive the same benefits as a member who retires at age 55 or older with 30 years of creditable service pursuant to section 11. The benefits of members who are receiving disability benefits pursuant to this section on the effective date of this subsection shall be recomputed, and the disability benefits provided under this subsection shall be paid to such members beginning July 1, 1977. 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. Approved March 23, 1977.

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GENERAL ASSEMBLYNO ELECTED COUNTY OR MUNICIPAL OFFICIAL MAY SERVE. No. 287 (House Bill No. 486). An Act to provide that no elected county or municipal official shall be eligible to serve as a member of the General Assembly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No elected county or municipal official shall be eligible to serve as a member of the General Assembly. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. VOTINGNEW REQUIREMENTS FOR ABSENTEE BALLOTS. Code 34-1406 Amended. No. 288 (House Bill No. 487). An Act to amend Code section 34-1406, relating to voting by absentee electors, so as to provide for additional requirements for casting absentee ballots; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1406, relating to voting by absentee electors, is hereby amended by adding at the end thereof a new subsection (c) to read as follows: (c) When an elector applies for an absentee ballot if the absentee ballots have been printed, then the absentee ballot shall be delivered to the elector at the time of the application therefor

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within the confines of the registrar's office, the elector shall then and there vote the absentee ballot as hereinabove provided and deliver the voted ballot as provided above. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. VOTINGMINIMUM TIME FOR PREPARATION OF ABSENTEE BALLOTS SET. Code 34-1405 Amended. No. 289 (House Bill No. 488). An Act to amend Code section 34-1405, relating to the duties of the superintendent and board of registrars in relation to absentee ballots, so as to provide for a minimum time within which absentee ballots shall be prepared for certain elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1405, relating to the duties of the superintendent and board of registrars in relation to absentee ballots, is hereby amended by inserting between the words election and prepare in the first sentence of subsection (a) the following: but at least 21 days prior to any primary or general election, so that when so amended subsection (a) of Code section 34-1405 shall read as follows: (a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 21 days prior to any primary or general election, prepare or obtain and deliver an adequate supply for official absentee ballots, envelopes and other

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supplies as required by this Chapter, to the board of registrars for use in the primary or election. The board of registrars shall within two days after the receipt of such supplies deliver or mail official absentee ballots to all eligible applicants; and as additional applicants are determined to be eligible; the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility, provided however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over three hundred miles from the main office of the board of registrars; and provided further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. STATE PROPERTIES CONTROL CODECOMMISSION MEMBERS REDUCED, ETC. Code Ch. 91-1A Amended. No. 290 (House Bill No. 503). An Act to amend Code Chapter 91-1A of the Code of Georgia known as the State Properties Control Code, approved February 21, 1964 (Ga. L. 1964, p. 146), as amended, especially as amended by an Act approved April 24, 1975 (Ga. L. 1975, p. 1092), so as to reduce the number of members of the State Properties Commission from 11 to 10, to remove the Attorney General as a member of said State Properties Commission; to reduce the number of affirmative votes required for approval of the acquisitions of real property from seven to six; to provide for an effective date; and to repeal conflicting laws.

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Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 91-1A of the Code of Georgia, known as the State Properties Control Code, approved February 21, 1964 (Ga. L. 1964, p. 146), as amended, especially as amended by an Act approved April 24, 1975 (Ga. L. 1975, p. 1092), is hereby further amended by striking from section 91-104a(a) the word eleven, and inserting in lieu therefore the word ten; and by further striking from said section 91-104a(a) the words the Attorney General; and by striking from section 91-104a(b) the word seven and inserting in lieu therefore the word six, so that when so amended, said sections 91-104a(a) and (b) shall read as follows: Section 91-104a. Commission; creation; number of members; members; officers; quorum; voting; meetings; minutes; seal; bylaws. (a) There is hereby created within the executive branch of State government a public body which shall be known as the State Properties Commission and which shall consist of ten members and be composed of: The Governor; the Secretary of State; the Director, Fiscal Division, Department of Administrative Services; the State Auditor; three citizens appointed by the Speaker of the House of Representatives for terms ending on April 1st in each odd numbered year; three citizens appointed by the Lieutenent Governor for terms ending on April 1st in each odd numbered year. The term of office of the appointed members of the Commission is continued until their successors are duly appointed and qualified. The Lieutenant Governor may serve as an appointed citizen member. (b) The Governor shall be the chairman of the Comission, the State Auditor shall be its vice-chairman, and the Secretary of State shall be its secretary. Five members of the Commission shall constitute a quorum. No vacancy on the Commission shall impair the right of the quorum to exercise the powers and perform the duties of the Commission. With the sole exception of acquisitions of real property which acquisitions shall require six affirmative votes of the membership of the Commission present and voting at any meeting, the business, powers and duties of the Commission may be transacted, exercised and performed by a majority vote of the Commission members present and voting at a meeting when more than a quorum is present and voting or by

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a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting in the matter on which the vote is taken. No person may be appointed, elected or serve on the Commission who is a member of the legislative or judicial branch of government. In the event any ex officio member is determined to be in either the legislative or judicial branch of government, the General Assembly hereby declares that it would have passed this Act without such ex officio position on the Commission and would have reduced the quorum and vote required of the Commission on all actions accordingly. 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. Approved March 23, 1977. TALLAPOOSA JUDICIAL CIRCUITADDITIONAL JUDGES AUTHORIZED, ETC. No. 291 (House Bill No. 509). An Act to add one additional judge of the superior courts of the Tallapoosa Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authorities of the counties comprising the Tallapoosa Judicial Circuit to provide facilities, office

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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 1976, one additional judge of the superior courts for the Tallapoosa Judicial Circuit of Georgia is hereby added, thereby increasing to three the number of judges of the superior courts for said circuit. Authorized. Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning on July 1, 1977, and continuing through December 31, 1978, and until his successor is elected and qualified; such judge shall be appointed by the Governor prior to July 1, 1977, 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. Terms of office. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Tallapoosa 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. Candidates.

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Section 4. The additional judge of the superior courts for the Tallapoosa 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 three judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellete courts as provided by law. Powers and duties. Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Tallapoosa Judicial Circuit. The expense allowance 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. Compensation. Section 6. All writs and processes in the superior courts of the Tallapoosa Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges co-equal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Terms of Court. Section 7. The three judges of the superior courts for the Tallapoosa 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 chief judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of Code Title 24A, the Juvenile Court Code, as amended, the chief judge in point of continuous

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service shall appoint the judge of said court as provided by law. The three judges of the superior courts of the Tallapoosa 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 another judge, and they may alternate such order of business at the next term. Any of them may conduct trials by jury at the same time in the same county or otherwise within said circuit, or all or any one of them may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control. Chief 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 any 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 any of said judges separately, or before each of them at the same time. Jurors. Section 9 . The three judges of the Tallapoosa 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. Section 10 . All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Tallapoosa Judicial Circuit may bear teste in the name of any judge of said Tallapoosa 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

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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 any judge, the governing authorities of the counties comprising the Tallapoosa 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. Section 12 . Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 13 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 14 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. REAL ESTATE BROKERSPAYMENTS MAY BE MADE TO DECEASED BROKER'S ESTATE. Code 84-1421 Amended. No. 292 (House Bill No. 513). An Act to amend Code section 84-1421, relating to unfair practices under provisions respecting real estate brokers and salesmen, as amended, so as to provide that payments to the estate or heirs of a deceased real estate broker, associate broker or real estate salesperson shall not be construed to be an unfair practice; 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 section 84-1421, relating to unfair practices under provisions respecting real estate brokers and salesmen, as amended, is hereby amended by adding in subsection (17) thereof, after the words, state of residence, the following: ; provided, that nothing contained in this subsection or any other provision of this section shall be construed so as to prohibit the payment of earned commissions to the estate or heirs of a deceased real estate broker, associate broker or real estate salesperson when such deceased real estate broker, associate broker or real estate salesperson had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death, so that when so amended subsection (17) of Code section 84-1421 shall read as follows: (17) paying a commission or compensation to any person for performing the services of a real estate broker, associate broker or real estate salesman who has not first secured his license under this Chapter or is not cooperating as a nonresident who is licensed in his state of residence; provided, that nothing contained in this subsection or any other provision of this section shall be construed so as to prohibit the payment of earned commissions to the estate or heirs of a deceased real estate broker, associate broker or real estate salesperson when such deceased real estate broker, associate broker or real estate salesperson had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death; 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. Approved March 23, 1977.

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GRIFFIN JUDICIAL CIRCUITADDITIONAL JUDGES AUTHORIZED. No. 293 (House Bill No. 526). An Act to add one additional judge of the superior courts of the Griffin Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authorities of the counties comprising the Griffin 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 1976, one additional judge of the superior courts for the Griffin 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 July 1, 1977, 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

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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. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Griffin 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. Section 4. The additional judge of the superior courts for the Griffin 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. 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 Griffin Judicial Circuit. The salary supplements heretofore or hereafter enacted for the counties 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 Griffin 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

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of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges co-equal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Section 7. The two judges of the superior courts for the Griffin 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 chief judge and shall continue as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the chief judge. The chief judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of the Juvenile Court Code of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 709), as now or hereafter amended, (Ga. Code, sec. 24A-201), the chief judge shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Griffin 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

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as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control. Section 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. Section 9. The two judges of the Griffin 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. Section 10. All writs, processes, orders, subpoenas and any other official paper issuing out of the superior courts of the Griffin Judicial Circuit may bear teste in the name of any judge of said Griffin 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 Griffin 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. Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 13. This Act shall become effective on July 1, 1977.

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Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. MOTOR VEHICLE LICENSINGREVENUE COMMISSIONER TO REGULATE APPLICATIONS FOR REGISTRATION. No. 294 (House Bill No. 535). An Act to amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the State, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, particularly by an Act approved March 16, 1966 (Ga. L. 1966, p. 508), so as to authorize and direct the State Revenue Commissioner to promulgate rules and regulations governing the processing, in any manner whatsoever, of applications for the registration of motor vehicles by private persons, firms or corporations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act pertaining to the registration and licensing of motor vehicles in the counties throughout the State, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, particularly by an Act approved March 16, 1966 (Ga. L. 1966, p. 508), is hereby amended by adding a new section between sections 1 and 2 to be designated section 1A and to read as follows: Section 1A. The State Revenue Commissioner is hereby authorized and directed to promulgate rules and regulations governing the processing, in any manner whatsoever, of applications for the registration of motor vehicles by private persons, firms or corporations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

Page 698

INTEREST ON CERTAIN INSTALLMENT LOANS CHANGED. Code 57-116 Amended. No. 295 (House Bill No. 541). An Act to amend Code section 57-116, relating to the legal rate of interest on loans to be repaid in monthly, quarterly or yearly installments, approved August 16, 1912 (Ga. L. 1912, p. 144), as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 463) and an Act approved March 31, 1976 (Ga. L. 1976, p. 1197), so as to provide that a rate of interest may be charged on the principal amount of such loans at a rate equivalent to that paid on such loans, when computed as provided for in said Code section; to provide that such loans may be repaid in weekly, monthly, quarterly, semiannual or yearly installments; to provide that such loans shall not be subject to the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. L. 1955, p. 431), as now or hereafter amended; to provide an effective date of this amendment; 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 to be repaid in monthly, quarterly or yearly installments, approved August 16, 1912 (Ga. L. 1912, p. 144), as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 463) and an Act approved March 31, 1976 (Ga. L. 1976, p. 1197), 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. Any person, natural or artificial, in this State, lending money to be paid back in weekly, monthly, quarterly, semiannual or yearly installments, may charge interest thereon at seven percent (7%) 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 weekly, monthly, quarterly, semiannual or yearly installments. At the option of the lender, interest may be charged in such cases on the principal amount of

Page 699

the loan at any rate not greater than a rate equivalent to seven percent (7%) per annum computed in accordance with the provisions hereof relative to the charging of interest on loans to be repaid in installments, such equivalent rate to be calculated on the assumption that all scheduled payments will be made when due and security may be taken 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 and shall not be subject to any provision of the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. L. 1955, p. 431), as now or hereafter amended. 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. Approved March 23, 1977. UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, CHANGEDDETERMINATION OF PATERNITY PROVIDED. No. 296 (House Bill No. 559) An Act to amend an Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. L. 1958, p. 34), as amended, so as to provide for the determination of paternity; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. L. 1958, p. 34), as amended, is hereby amended by inserting between

Page 700

sections 21 and 22 a new section to be numbered section 21A to read as follows: Section 21A. Determination of Paternity. If the obligor asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous, and if both of the parties are present at the hearing or the proof required in the case indicates that the presence of either or both of the parties is not necessary, the court may adjudicate, by a jury trial if demanded by either party, the paternity issue. Otherwise the court may continue the hearing until the paternity issue has been adjudicated. 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. Approved March 23, 1977. JUVENILE CODE AMENDEDCERTAIN DEPRIVED CHILDREN COVERED. Code 24A-401 Amended. No. 297 (House Bill No. 565). An Act to amend Code section 24A-401, relating to definitions of terms used in the Juvenile Court Code of Georgia, as amended, so as to change the definition of the term child to include any individual under the age of 18 years, if alleged to be a deprived child; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24A-401, relating to definitions of terms used in the Juvenile Court Code of Georgia, as amended, is

Page 701

hereby amended by adding, at the end of subsection (c), a new paragraph (3), to read as follows: (3) under the age of 18 years, if alleged to be a `deprived child' as defined by this Code Title., so that when so amended, subsection (c) of Code Section 24A-401 shall read as follows: (c) `Child' means any individual who is: (1) under the age of 17 years. (2) under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court. (3) under the age of 18 years, if alleged to be a `deprived child' as defined by this Code Title. 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. Approved March 23, 1977. STRUCTURAL PEST CONTROL ACT AMENDEDDEFINITIONS CHANGED, ETC. No. 298 (House Bill No. 566). An Act to amend the Structural Pest Control Act, approved March 7, 1955 (Ga. L. 1955, p. 564), as amended, particularly by an Act approved February 27, 1976 (Ga. L. 1976, p. 308), so as to change, add, remove, and redesignate certain definitions; to strike references to certain applicators; to provide for applicability to certain operators; to clarify references

Page 702

to certain substances; to include the use of additional substances in certain criminal provisions; to clarify certain provisions relative to the imposition of certain restrictions; to change certain provisions as to applicability of the Act to certain persons; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Structural Pest Control Act, approved March 7, 1955 (Ga. L. 1955, p. 564), as amended, particularly by an Act approved February 27, 1976 (Ga. L. 1976, p. 308), is hereby amended by striking subsection (e) of section 2 thereof, which reads as follows: (e) `Certified Operator'means an operator holding a current valid Structural Pest Control operators certificate issued under the provisions of this Act to engage in the business of Structural Pest Control., and inserting in lieu thereof a new subsection (e), to read as follows: (e) `Certified Operator'means any individual who has been determined competent to use or supervise the use of pesticides, including restricted use pesticides or State restricted pesticide uses as defined in this Act, in the Structural Pest Control category or categories in which he is currently licensed. Definitions. Section 2. Said Act is further amended by striking in its entirety subsection (o) of section 2 thereof, which reads 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.

Page 703

Section 3. Said Act is further amended by striking in its entirety subsection (p) of section 2 thereof, which reads as follows: (p) `Pesticides'means substances, including but not limited to insecticides, rodenticides, repellants, attractants, fumicides, and fungicides, collectively and individually., and inserting in lieu thereof a new subsection, to be designated subsection (o), to read as follows: (o) `Pesticide'for the purposes of this Act the term `pesticide' shall be limited to: attractants, fumigants, fungicides, insecticides, rodenticides and repellants. Section 4. Said Act is further amended by striking in its entirety subsection (q) of section 2 thereof, which reads as follows: (q) `Restricted Use Pesticides'means substances that are registered for use only by Certified Operators, Certified Applicators, or persons under their supervision., and inserting in lieu thereof a new subsection, to be designated subsection (p), to read as follows: (p) `Restricted Use Pesticide'for the purposes of this Act the term `restricted use pesticide' shall be limited to any attractant, fumigant, fungicide, insecticide, rodenticide or repellant whose label bears one or more uses which have been classified as restricted by the Administrator, EPA, or any use of these pesticides which, when used as directed or in accordance with 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.

Page 704

Section 5. Said Act is further amended by redesignating subsection (r) of section 2 thereof as subsection (q), by striking from said subsection the following, wherever they appear: or Applicator, and by inserting after the word labeling the following: or regulations of the Commissioner, so that when so amended said subsection shall read as follows: (q) `Under the direct supervision of'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 Operator if it is applied by a competent person acting under the instructions and control of a Certified Operator who is available if and when needed, even though such Certified Operator is not physically present at the time and place the pesticide is applied. Section 6. Said Act is further amended by striking from subsection (a) of section 6 thereof, after the following: licensees, operators,, the following: applicators,, and by striking after the following: to all licensees, the following: , certified operators, and certified applicators, and inserting in lieu thereof the following: and certified operators, so that when so amended said subsection (a) shall read as follows:

Page 705

(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 efficiency of licensees, operators, 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 and certified operators. Section 7. Said Act is further amended by striking from subsection (b) of section 6 thereof, wherever they appear, the following: or applicator, so that when so amended said subsection (b) 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, wood-destroying organism control operator, 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 year must elapse before subsequent application may be made. Examination provided for pest controllers.

Page 706

Section 8 . Said Act is further amended by striking from subsection (e) of section 6 thereof, after the following: qualification of operators, the following: and applicators, and by striking after the following: to insure that, the following: applicators, and inserting in lieu thereof the following: certified operators, so that when so amended subsection (e) shall read as follows: (e) Issue certificates certifying the qualification of operators 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 re-education or such other requirements as the Commission may impose by regulation to insure that certified operators 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 written examination. The Commission is authorized to require of any person whose certification has been revoked the correct

Page 707

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. Certification. Section 9 . Said Act is further amended by striking from subsection (b) of section 9 thereof the following: certified applicator, so that when so amended said subsection (b) shall read as follows: (b) Any certified operator, 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. Misdemeanor to work without certification. Section 10 . Said Act is further amended by adding in subsection (c) of section 9 thereof, after the following: use of any pesticide or, the following: other, and by adding, before the following: , or through the violation, the following: for the purpose of structural pest control, so that when so amended said subsection 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,

Page 708

provided, however, that nothing herein shall authorize any person to endanger the public health or safety through the use of any pesticide or other substance for the purpose of structural pest control, or through the violation of any other State or Federal law or regulation. Exemptions. Section 11 . Said Act is further amended by striking in its entirety subsection (d) of section 10 thereof, which reads 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. Section 12 . Said Act is further amended by striking from subsection (b) of section 11 thereof, the following: certified applicator,, by adding after the following: insecticide, rodenticide,, the following: attractant,, and by adding after the following: by the Commission, the following: or the Commissioner, so that when so amended said subsection (b) shall read as follows: (b) Any licensee, certified operator, or registered employee who shall make representations for the purpose of defrauding; deceive or defraud another; 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

Page 709

suitable, or use any fumigant, insecticide, rodenticide, attractant, or repellant in a manner inconsistent with its labeling or other restrictions imposed by the Commission or the Commissioner; 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. Misrepresentation to be misdemeanor. Section 13 . Said Act is further amended by striking from section 16 thereof, after the following: registration of those persons engaged in the business of, the following: Household, and inserting in lieu thereof the following: structural, so that when so amended section 16 shall read as follows: 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

Page 710

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 Structural 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. Enforcement. Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. APPELLATE COURT JURISDICTION CHANGED. No. 299 (House Bill No. 576). An Act to provide for the transfer of the jurisdiction of certain cases from the Court of Appeals to the Supreme Court and for the transfer of the jurisdiction of certain cases from the Supreme Court to the Court of Appeals; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to Article VI, Section II, Paragraph IV of the Constitution, the Court of Appeals shall have jurisdiction of the trial and correction of errors of law in cases involving the crimes of armed robbery, rape and kidnapping wherein the death penalty has not been imposed. The Supreme Court shall have jurisdiction of the trial and correction of errors of law in

Page 711

cases involving State revenue, contested elections, and the validity of legislative enactments of municipalities. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. EDUCATIONWORKSHOPS FOR NEW LOCAL BOARD MEMBERS ENCOURAGED, ETC. No. 300 (House Bill No. 586). An Act to encourage newly-elected and newly-appointed members of local boards of education to attend workshops for orientation on the educational program objectives of Georgia and study and instruction on the subjects of school finance, school laws, responsiveness to the community, and the ethics, duties and responsibilities of local boards of education members; to provide for the conduct of such workshops by the State Department of Education in cooperation with the Georgia School Boards Association; to authorize payment of per diem and expenses of local board members, both before and after taking office; to provide for certification of such board members; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby declared to be the policy of Georgia that all newly-elected and newly-appointed members of county and other local boards of education should, before or after assuming office, receive orientation on the educational program objectives of Georgia and instruction and study in school finance, school law, with special emphasis on the Adequate Program for Education in Georgia, responsiveness to the community, and the ethics, duties and responsibilities of local school board members. The State Department of Education is authorized to conduct workshops providing such instruction and study, in

Page 712

cooperation with the Georgia School Boards Association; and to present to board members completing such workshop instruction and study an appropriate certificate. All county, municipal, independent and area school boards are authorized to pay to such newly-elected or newly-appointed board members from local funds the same per diem as now or hereafter authorized by local or general law for attendance upon regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals and registration fees for attendance upon such workshops, either before or after such newly-elected or newly-appointed board member assumes office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. PEACE OFFICERSCERTIFICATION STANDARDS CHANGED. No. 301 (House Bill No. 594). An Act to amend the Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 28), as amended, so as to change certain of the qualifications for the certification of peace officers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended, is hereby amended by adding at the end of section 8 the following: Notwithstanding the citizenship requirements provided for above, the council may adopt procedures and requirements whereby an applicant for certification as a peace officer who possesses unique talents and skills in the training and handling of

Page 713

police dogs and who is not a citizen of the United States may be certified as a peace officer if he shall be otherwise qualified. 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. Approved March 23, 1977. PEACE OFFICERSREGISTRATION PROVIDED FOR THOSE EXEMPT FROM TRAINING, ETC. No. 302 (House Bill No. 597). 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. 886), an Act approved April 13, 1973 (Ga. L. 1973, p. 539), an Act approved April 18, 1975 (Ga. L. 1975, p. 567), an Act approved April 24, 1975 (Ga. L. 1975, p. 1165), an Act approved March 5, 1976 (Ga. L. 1976, p. 395), and an Act approved April 7, 1976 (Ga. L. 1976, p. 1684), so as to provide for the registration of exempt peace officers; to provide for the continuation of such exemption; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Peace 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. 886), an Act approved April 13, 1973 (Ga. L. 1973, p. 529), an Act approved April 18, 1975 (Ga. L. 1975, p. 567), an Act approved April 24, 1975 (Ga. L. 1975, p. 1165), an Act approved March 5, 1976 (Ga. L. 1976, p. 395), and an Act approved April 7, 1976 (Ga. L. 1976, p. 1684), is hereby amended by adding a new subsection immediately

Page 714

following subsection (l) of section 6 of this Act to be designated subsection (m) of section 6, to read as follows: (m) To provide for and administer the registration of all exempt peace officers. Section 2 . Said Act is further amended by adding the words and to withdraw or suspend the registration of any exempt peace officer following the words peace officer as it first appears and by adding the words or registration following the words subsequent to certification in subsection (g) of section 6 so that when amended that section shall read as follows: (g) To withdraw or suspend certification of any certified peace officer and to withdraw or suspend the registration of any exempt peace officer who shall subsequent to certification or registration be convicted by any State or by the federal government of any crime, the punishment for which could have been imprisonment in a federal or State prison or institution or be convicted of sufficient misdemeanors to establish a pattern of disregard for the law, or be suspended or discharged by his employing law enforcement unit for disciplinary reasons. Section 3 . Said Act is further amended by striking subsection (e) of section 13 in its entirety and inserting in lieu thereof the following subsection: (e) Peace officers exempt from the certification provisions of this Act are required to register with the Council by December 31, 1977. Registration as an exempt peace officer shall remain in effect for the period of time said person is employed as a peace officer. Any registration granted in this section shall not terminate upon a subsequent employment or appointment as a peace officer, provided subsequent employment or appointment as a peace officer is recognized by the Council to be substantially the same or similar to the employment or appointment by virtue of which said peace officer was exempted and registered as such, and further provided that such subsequent employment or appointment be commenced within 12 months of such prior termination as a peace officer. Nothing in this subsection shall be deemed to require any such exempt peace officer to comply with

Page 715

section 8 and section 9 of this Act for the period of time same registration shall remain in effect. Section 4 . Said Act is further amended by striking the last sentence of subsection (b) of section 13 in its entirety and inserting in lieu thereof a new sentence to read as follows: Peace officer 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 excused from compliance so long as said registration as provided for in subsection (e) of this section remains in effect. Section 5 . Said Act is further amended by striking the second unnumbered sentence of subsection (c) of section 13 in its entirety and inserting a new sentence in lieu thereof to read as follows: Peace officer commencing such employment or service prior to July 1, 1975 and whose employment continues on July 1, 1975, are exempt and excused from compliance so long as said registration as provided for in subsection (e) of this section remains in effect. Section 6 . Said Act is further amended by striking the first sentence of subsection (d) of section 13 in its entirety and inserting in lieu thereof a new sentence to read as follows: 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 said registration as provided for in subsection (e) of this section remains in effect.

Page 716

Section 7 . Said Act is further amended by adding a new subsection (f) at the end of section 13 to read as follows: (f) Any person who was serving as a sheriff on July 1, 1970, and who subsequently becomes a peace officer shall not be required to comply with the provisions of this Act. Section 8 . Said Act is further amended by adding the words or registration to the second and third unnumbered sentences of section 15 following the word certification so that when so amended that section shall read as follows: Section 15. Any peace officer so employed who does not comply with the provisions of this Act shall not be authorized to exercise the power or arrest. The Peace Officer Standards and Training Council is hereby authorized to bring a civil action against any peace officer who does not comply with the provisions of this Act to enjoin such peace officer from performing any and all functions of a peace officer, including the power of arrest, until such officer shall meet the certification or registration requirements of this Act. The Peace Officer Standards and Training Council is hereby authorized to bring a civil action against any law enforcement unit which numbers among its employed or appointed peace officers any peace officer who fails to meet the certification or registration requirements of this Act to enjoin such law enforcement unit from allowing such peace officer to perform any and all peace officer functions, including exercising the power or arrest, until such time as such peace officer shall comply with the certification or registration requirements of this Act. Section 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

Page 717

PEACE OFFICERSFUNCTIONS OF STANDARDS AND TRAINING COUNCIL CLARIFIED. No. 303 (House Bill No. 598). 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. 886), an Act approved April 13, 1973 (Ga. L. 1973, p. 539), an Act approved April 18, 1975 (Ga. L. 1975, p. 567), an Act approved April 24, 1975 (Ga. L. 1975, p. 1165), an Act approved March 5, 1976 (Ga. L. 1976, p. 395), and an Act approved April 7, 1976 (Ga. L. 1976, p. 1684), so as to clarify and define the function of the Georgia Peace Officer Standards and Training Council relative to peace officer training; to provide for the appointment of advisory members by the Council; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Georgia Peace 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. 886), an Act approved April 13, 1973 (Ga. L. 1973, p. 539), an Act approved April 18, 1975 (Ga. L. 1975, p. 567), an Act approved April 24, 1975 (Ga. L. 1975, p. 1165), an Act approved March 5, 1976 (Ga. L. 1976, p. 395), and an Act approved April 7, 1976 (Ga. L. 1976, p. 1684), is hereby amended by adding a new subsection to be designated subsection (m) of section 6 to read as follows: (m) To research, plan, and establish policy relative to peace officer training; to develop and coordinate the delivery of peace officer training programs through such agencies and institutions as the Council may deem appropriate. Section 2 . Said Act is further amended by striking from the first unnumbered paragraph of section 3, the number 2 and substituting in lieu thereof the number 5 so that when so amended that paragraph shall read as follows:

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The Georgia Peace Officer Standards and Training Council is hereby established. The Council shall consist of fifteen (15) voting members and five (5) advisory members and shall be composed, as follows: Section 3. Said Act is further amended by striking subsection (c) of section 3 in its entirety and inserting in lieu thereof the following subsection: (c) Five (5) advisory members appointed by the Council shall serve on the Council in an advisory capacity only without voting privileges. Section 4. Said Act is further amended by adding to subsection (2) of section 3 the words or his designee to each ex-officio member of the Council so that when so amended that paragraph shall read as follows: (a) The Attorney General of Georgia or his designee, the Commissioner of the Department of Public Safety or his designee, the President of the Georgia Chiefs of Police Association or his designee, the President of the Georgia Sheriffs Association or his designee, the President of the Georgia Municipal Association or his designee, the President of the Association County Commissioners of Georgia or his designee, and the President of the Peace Officers Association of Georgia or his designee, shall be ex-officio members of the Council, as full voting members of the Council by reason of their office. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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TRUSTSPROCEDURES FOR MERGER OF TRUST INTO DOMESTIC CORPORATION DETAILED. Code Ch. 108-6 Amended. No. 304 (House Bill No. 619). An Act to amend Code Chapter 108-6, relating to trusts, as amended, so as to add new Code section 108-610 providing for the merger of a trust created under Code Chapter 108-6 into a domestic corporation and specifying certain procedures for such merger; to provide that any trust created under Code k 108-6 may merge into a domestic corporation for profit, if expressly authorized in the deed creating such trust; to provide certain procedures for the implementation of such merger and for the protection of the rights of dissenting shareholders; to require the filing of articles of merger with the Secretary of State; to require review of the articles of merger and issuance of a certificate of merger by the Secretary of State before such merger becomes effective; to provide for the cessation of such trust's separate existence upon completion of merger; to provide that the corporation into which such trust is merged shall be the successor in interest of such trust, assuming possession and ownership of all trust property, rights and privileges and assuming all debts, liabilities and other obligations of such trust; 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 108-6, relating to trusts, as amended, is hereby further amended by adding a new section to be designated section 108-610 to read as follows: 108-610. Merger of Trust into a Domestic Corporation. (a) Any trust created pursuant to the provisions of this Chapter may be merged into a corporation for profit organized under the laws of this State and subject to the provisions of the Georgia Business Corporation Code (a `domestic corporation'), if the deed creating such trust expressly authorizes such merger.

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(b) With respect to required procedure for the merger and the rights of dissenting shareholders: (1) The trust shall comply with any applicable provisions of the deed creating such trust and with the following provisions of the Georgia Business Corporation Code, as if such trust were a domestic corporation. (A) section 22-1001 relating to director approval of a plan of merger, as if the trustee or trustees of such trust were a board of directors of a domestic corporation. (B) section 22-1003 relating to shareholder approval and section 22-1202 relating to rights of dissenting shareholders, as if the holders of certificates of beneficial interest in the trust were shareholders of a domestic corporation; and (C) section 22-1004 relating to execution of articles of merger and filing of such articles together with other required documents with the Secretary of State. (2) The domestic corporation into which the trust is merged shall comply with the provisions of the Georgia Business Corporation Code relating to the merger of domestic corporations in the same manner as if the trust being merged into it were a domestic corporation. (c) Upon compliance with the requirements of this section and the filing of articles of merger providing for a merger of the trust into a domestic corporation in the manner provided in section 22-1004 of the Georgia Business Corporation Code, the Secretary of State shall treat the merger as if it were a merger of corporations under section 22-1004. (d) If the Secretary of State issues a certificate of merger, the merger shall become effective as of the time of delivery to the Secretary of State of the articles of merger so certified, as provided in section 22-1004 of the Georgia Business Corporation Code, 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. When such merger has become effective:

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(1) The trust and the domestic corporation into which such trust is merged shall be a single domestic corporation. (2) The separate existence of such trust shall cease. (3) Such domestic corporation shall continue to have all the rights, privileges, immunities and powers and shall be subject to all the duties and liabilities of a corporation organized under the Georgia Business Corporation Code. (4) Such domestic corporation shall thereupon and thereafter possess all the rights, privileges, immunities and franchises, of a public as well as of a private nature, of such trust; and all property, real, personal and mixed, and all debts due on whatever account, including subscriptions to shares, and all other choses in action, and all and every other interest of or belonging to or due to such trust, shall be taken and deemed to be transferred to and vested in such domestic corporation without further act or deed; and the title to any real estate, or any interest therein, vested in any such trust shall not revert or be in any way impaired by reason of such merger. (5) Such domestic corporation shall thenceforth be responsible and liable for all the liabilities and obligations of such trust; and any claim existing or action or proceeding pending by or against any such trust may be prosecuted as if such merger had not taken place, or such domestic corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of such trust shall be impaired by such merger. (6) The articles of incorporation of such domestic corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger. 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

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passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. CHILD SUPPORT RECOVERY ACT AMENDEDDISTRICT ATTORNEYS AUTHORIZED TO ASSIST IN ENFORCEMENT. No. 305 (House Bill No. 620). An Act to amend the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), so as to authorize the District Attorneys of this State to assist the Department of Human Resources in the enforcement of the provisions of the Child Support Recovery Act, as amended; to authorize the District Attorneys to institute legal proceedings; 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 Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), is hereby amended by adding after section 18 of said Act, a new section 18A as follows: Section 18A. The District Attorneys of this State shall be authorized to render such assistance to the Department of Human Resources as the Department may request, and to file and prosecute in any of the several courts of this State, or of the

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United States, such civil or criminal actions, either at law or in equity, on behalf of the Department as may be necessary to insure the proper enforcement of the provisions of this Act. 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. Approved March 23, 1977. TAXATIONDEFINITIONS RELATED TO NET INCOME CONFORMED TO U.S. INTERNAL REVENUE CODE. Code 92-3108 Amended. No. 306 (House Bill No. 628). An Act to amend section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, as amended, so as to conform their meanings to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1977; 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, defining terms of the Code relating to the taxation of net income, as amended, is hereby further amended by striking said section, as amended, in its entirety and inserting in lieu thereof a new section 92-3108 to read as follows: 92-3108. Definitions. 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, 1977, and any term used in this Chapter shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954, as amended, in

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force and effect on January 1, 1977, unless otherwise provided in this Chapter. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall be applicable to all taxable years beginning on or after January 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. M.A.R.T.A.BONDS AUTHORIZED AS SECURITY FOR ALL PUBLIC DEPOSITS. No. 307 (House Bill No. 630). 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), an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved March 24, 1976 (Ga. L. 1976, p. 3104), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3407), so as to authorize the bonds of the Authority to be used as security for all public deposits; 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,

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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), an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved March 24, 1976 (Ga. L. 1976, p. 3104), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3407), is hereby amended by adding at the end of section 10, the following new paragraph (w): (w) The bonds of the Authority which have been duly validated as provided by law, and as to which there has been no default in payment either of principal or interest, shall be authorized security for all public deposits, and any such bonds may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and political subdivisions of this State for such purpose and for any other purpose as now or may hereafter be authorized. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. VOTINGCHALLENGE OF ABSENTEE BALLOTS CHANGED. Code Ch. 34-14 Amended. No. 308 (House Bill No. 631). An Act to amend Code Chapter 34-14, relating to absentee voting, as amended, so as to change the provisions relative to the challenge of absentee ballots; to delete certain provisions relative to the challenge of absentee ballots; to provide for

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other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 34-14, relating to absentee voting, as amended, is hereby amended by adding at the end of subsection (b) of Code section 34-1405 the following: Absentee electors whose names appear on the master list may be challenged by any elector prior to closing of the polls on the day of the primary or election., so that when so amended subsection (b) of Code section 34-1405 shall read as follows: (b) Each board of registrars shall maintain for public inspection a master list, arranged by election districts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to closing of the polls on the day of the primary or election. Section 2 . Said Code Chapter is further amended by striking subsection (b) of Code section 34-1407 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) After the close of the polls on the day of the primary or election, a registrar shall deliver the official absentee ballot of each certified absentee elector, as well as the copies of the numbered lists of certified and rejected absentee electors, to the managers in charge of the polling place of the election district containing the county courthouse. In those districts in which voter recorders are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his receipt therefor. A manager shall then open the envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope, marked `Official Absentee Ballot' in a ballot box reserved for absentee ballots.

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Section 2 . [sic] All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. SUPPLEMENTAL EXPENSE ALLOWANCE PROVIDED FOR SUPERIOR COURT JUDGES OF CERTAIN CIRCUITS (103,000-135,000). No. 309 (House Bill No. 669). An Act to provide for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this State having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census; to provide for the payment of such allowance by the counties comprising said circuits; 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 circuits, nor to any payments to any such judge who becomes a senior judge of the superior courts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . In addition to the compensation and expense paid from State funds, each judge of the superior courts of each judicial circuit within this State having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census, shall receive a supplemental expense allowance of $6,000 per annum, payable in equal monthly installments from the funds of the counties comprising their respective circuits; provided that if the State-paid compensation of superior court judges is increased by an Act of the General Assembly enacted at the 1977 regular session of the General Assembly, the supplemental expense allowance provided herein shall be decreased by the same dollar amount as such increase. The governing authority of each county within any such circuit shall pay that percentage of

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the total supplemental expense allowance that the population of their respective county bears to the total population of all counties within their respective judicial circuits, according to the latest United States Decennial Census. 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 their respective judicial circuits, nor to any payments to any such judge who becomes a senior judge of the superior courts. 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. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. ASSISTANT DISTRICT ATTORNEYSPROVISIONS CHANGED IN CERTAIN JUDICIAL CIRCUITS (103,000 TO 135,000). No. 310 (House Bill No. 672). An Act to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census, approved March 31, 1976 (Ga. L. 1976, p. 3584), so as to change the provisions relative to the assistant district attorney; to repeal the provisions relative to the abolition of the office of the assistant district attorney under certain circumstances; to change the maximum amount of the compensation of the secretary of the district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census, approved March 31, 1976 (Ga. L. 1976, p. 3584), is hereby amended by striking from section 1 the following: In the event that an additional assistant district attorney is authorized or provided for any such judicial circuit after the effective date of this Act under the provisions of an Act providing for 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, the office of assistant district attorney created by this Act shall stand abolished., so that when so amended, section 1 shall read as follows: Section 1. There is hereby created the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census. Said assistant district attorney shall be appointed by the District Attorney of the judicial circuit, shall serve at the pleasure of the District Attorney, and shall serve in addition to any other assistant district attorney now authorized by the general or local laws of this State. When acting on behalf of the District Attorney, he shall have all the authority, powers and duties of the District Attorney. The assistant district attorney shall also perform such other duties and exercise such other powers as may be prescribed by the District Attorney. To be eligible for appointment as an assistant district attorney under the provisions of this Act, a person must possess the same qualifications prescribed for assistant district attorneys under the provisions of an Act providing for certain assistant district attorneys in certain judicial circuits having more than one superior court judge, approved March 24, 1970 (Ga. L. 1970, p. 716), as the same may now or hereafter be amended. The assistant district attorney appointed pursuant to this Act shall be compensated in the same amount as is provided as the State-paid compensation of assistant district attorneys appointed

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pursuant to the provisions of an Act approved March 24, 1970 (Ga. L. 1970, p. 716), as the same may now or hereafter be amended. Section 2 . Said Act is further amended by striking from section 2 the following: $6,000, and inserting in lieu thereof the following: $7,200, so that when so amended, section 2 shall read as follows: Section 2. In addition to any secretary employed by the District Attorney on the effective date of this Act, the District Attorney of each such 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. Such secretary shall be compensated in an amount to be fixed by the District Attorney at not more than $7,200 per annum. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. FINANCIAL INSTITUTIONS CODE AMENDEDNUMEROUS PROVISIONS CHANGED. Code Title 41A Amended. No. 311 (House Bill No. 678). An Act to amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to include national banks located in this State for the purpose of applying

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Chapter 41A-38 relating to multiple deposits; to provide, in the case of a credit union, for adoption of a plan of dissolution by the affirmative vote of at least two-thirds of the members present and voting at a meeting duly called for that purpose; to eliminate the requirement that a bank may own shares of stock of a bank service corporation solely with one or more other banks; to provide for the application of Chapter 41A-38 relating to multiple party accounts to minors' deposits; to provide that for purposes of regulation and supervision by the Department of Banking and Finance a bank in formation and the activities of its promoters, incorporators, initial directors and subscribers for stock and persons soliciting offers to subscribe for shares shall be considered to be a bank subject to regulation by the Department prior to the beginning of its corporate existence; to confirm and clarify the current right of directors to reply upon information, opinions, reports or statements regularly furnished them by others; to correct technical and typographical errors and erroneous references; 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 41A, known as the Financial Institutions Code of Georgia, as amended, is hereby amended by adding in Code section 41A-102(g), between the word transmission and the colon, the following: ; and Chapter 41A-38, relating to multiple deposit accounts, so that Code section 41A-102(g), when so amended, shall read as follows: (g) `Bank' means a corporation existing under the laws of this State on April 1, 1975 (including a regulated certificated bank) or organized under this Code, and authorized to engage in the business of receiving deposits withdrawable on demand or deposits withdrawable after stated notice or lapse of time; and shall also include National banks located in this State for the purpose of Chapter 41A-16, relating to deposits, safe deposit agreements, and money received for transmission; and Chapter 41A-38, relating to multiple deposit accounts: Provided,

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however, that `bank' shall not include a credit union, a building and loan association, a savings and loan association or a licensee under Part IV of this Code. (This definition shall not be deemed to define the term `banking companies' as used in Part III, Section IV, Paragraph XVII, of the Constitution of Georgia.) Section 2. Said Code Title is further amended by adding at the end of Code Section 41A-503(b), the following: ; provided, in the case of a credit union, adoption of the plan may be made by the affirmative vote of at least two-thirds of the members present and entitled to vote at a meeting duly called for that purpose, so that Code section 41A-503(b), when so amended, shall read as follows: (b) Adoption of the plan by the shareholders of the financial institution shall require the affirmative vote of the shareholders entitled to cast at least two-thirds of the votes which all shareholders are entitled to cast on the plan and, if any class of shareholders is entitled to vote on the plan as a class, of the holders of at least two-thirds of the outstanding shares of such class; provided, in the case of a credit union, adoption of the plan may be made by the affirmative vote of at least two-thirds of the members present and entitled to vote at a meeting duly called for that purpose Section 3. Said Code Title is further amended by striking the phrase solely owned by one or more banks and in Code section 41A-1309(c)(2)(iv) in its entirety so that Code section 41A-1309(c)(2)(iv), when so amended, shall read as follows: (iv) a bank service corporation created to provide check and deposit sorting and posting; computation and posting of interest and other credits and charges; preparation and mailing of checks, statements, notices and similar items, or any other clerical, clearing, bookkeeping, accounting, statistical or similar services for one or more banks;. Section 4. Said Code Title is further amended by striking paragraphs (2) and (3) of Code section 41A-1602(a), which read as follows:

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(2) a minor jointly with one or more adults or other minors, with the same effect as a joint deposit under section 41A-1603; or (3) a minor as trustee, or a minor and one or more adults or other minors as trustees with a designated beneficiary, said deposit to have the same effect as a deposit in trust under section 41A-1604., in their entirety and inserting in lieu thereof a new paragraph (2) of Code section 41A-1602(e), to read as follows: (2) a minor, with one or more adults or other minors, as party to and with the same effect as a multiple party account under Chapter 41A-38., so that Code section 41A-1602(a), when so amended, shall read as follows: (a) A bank may receive deposits from: (1) a minor, or (2) a minor with one or more adults or other minors, as party to and with the same effect as a multiple party account under Chapter 41A-38. Section 5. Said Code Title is further amended by adding at the end of Code section 41A-1807(a), the following: ; provided, nevertheless, that the Department shall have full authority to regulate and supervise the activities of promoters, incorporators, initially named directors, subscribers for shares and all persons soliciting offers to subscribe for shares in any bank in formation under this Code even though the corporate existence of the bank may not have officially begun and the bank in formation shall be considered a `bank' for those purposes, so that Code section 41A-1807(a), when so amended, shall read as follows: (a) As of the issuance of the certificate of incorporation by the Secretary of State, the corporate existence of the bank or trust

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company shall begin and those persons who subscribed for shares prior to filing of the articles, or their assignees, shall be shareholders in the bank or trust company; provided, nevertheless, that the Department shall have full authority to regulate and supervise the activities of promoters, incorporators, initially named directors, subscribers for shares and all persons soliciting offers to subscribe for shares in any bank in formation under this Code even though the corporate existence of the bank may not have officially begun and the bank in formation shall be considered a `bank' for those purposes. Section 6. Said Code Title is further amended by striking the reference 41A-2009 in Code section 41A-2005(a) in its entirety and inserting in lieu thereof the reference 41A-2010, so that Code section 41A-2005(a), when so amended, shall read as follows: (a) The officer or agent having charge of the stock transfer books for shares of a bank or trust company shall make a complete list of the shareholders entitled to vote at a meeting of shareholders or any adjournment thereof, arranged in alphabetical order, with the address of, and the number and class, if any, of shares held by each. Such list shall be produced and kept open at the time and place of the meeting and shall be subject to the inspection of any shareholder during the whole time of the meeting for the purposes thereof. Such list shall be prima facie evidence of who is a shareholder of record, but in the event of challenge, the record of shareholders required by section 41A-2010 shall control. Section 7. Said Code Title if further amended by striking the second sentence of Code section 41A-2211, which reads as follows: In discharging their duties, directors and officers, when acting in good faith, may rely upon financial information concerning the bank or trust company represented to them to be correct by the president or the officer of the bank or trust company having charge of its books of account, or stated in a written report by

Page 735

an independent or certified public accountant or firm of such accountants fairly to reflect the condition of such institution., in its entirety and inserting in lieu thereof the following: In discharging his duties, a director or officer, when acting in good faith, shall be entitled to rely upon information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by: (a) one or more officers or employees of the bank or trust company whom the director or officer reasonably believes to be reliable and competent in the matters presented; (b) counsel, public accountants or other persons as to matters which the director or officer reasonably believes to be within such person's professional or expert competence, or (c) a committee of the board upon which the director or officer does not serve, duly designated in accordance with a provision of the articles of incorporation or the bylaws, as to matters within that committee's designated authority, which committee the director or officer reasonably believes to merit confidence, but such director or officer shall not be considered to be acting in good faith if he has knowledge concerning the matter in question that would cause such reliance to be unwarranted. A director or officer who so performs his duties shall have no liability by reason of being or having been a director or officer of the bank or trust company., so that Code section 41A-2211, when so amended, shall read as follows: 41A-2211 Responsibility of directors and officers; delegation of investment decisions. Directors and officers of a bank or trust company shall discharge the duties of their respective positions in good faith and with that diligence, care and skill which ordinarily prudent men would exercise under similar circumstances in like positions. In discharging his duties, a director or officer, when acting in good faith, shall be entitled to rely upon information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by: (a) one or more officers or employees of the bank or trust company whom the director or officer reasonably believes to be reliable and competent

Page 736

in the matters presented; (b) counsel, public accountants or other persons as to matters which the director or officer reasonably believes to be within such person's professional or expert competence, or (c) a committee of the board upon which the director or officer does not serve, duly designated in accordance with a provision of the articles of incorporation or the bylaws, as to matters within that committee's designated authority, which committee the director or officer reasonably believes to merit confidence, but such director or officer shall not be considered to be acting in good faith if he has knowledge concerning the matter in question that would cause such reliance to be unwarranted. A director or officer who so performs his duties shall have no liability by reason of being or having been a director or officer of the bank or trust company. A bank, through its board of directors, may delegate to a correspondent bank the power to determine, within the limits set by law, the investments in which its assets including reserve assets may be held, provided that the bank must obtain the prior written approval of the Department for such delegation. Section 8. Said Code Title is further amended by striking the reference 41A-2505(a) in Code section 41A-2504(a)(2) in its entirety and inserting in lieu thereof the reference 41A-2405(a), so that Code section 41A-2504(a)(2), when so amended, shall read as follows: (2) in the case of a merger or consolidation, the criteria stated in section 41A-2405(a) are satisfied. Section 9. Said Code Title is further amended by striking the reference 41A-3304 in Code section 41A-3505(a)(2) in its entirety and inserting in lieu thereof the reference 41A-3504, so that Code section 41A-3505(a)(2), when so amended, shall read as follows: (2) the written approval of the department issued pursuant to section 41A-3504 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

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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 it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. PREMARITAL TEST FOR SYPHILISSEROLOGICAL TEST WILL SUFFICE. No. 312 (House Bill No. 692). An Act to amend an Act providing for premarital examinations for syphilis and requiring each applicant for a marriage license to provide a certificate from a licensed physician stating that the applicant was given a physical examination including a standard serologic test for syphilis, approved February 25, 1949 (Ga. L. 1949, p. 1054), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 674), and an Act approved April 3, 1972 (Ga. L. 1972, p. 782), so as to dispense with requirements for physical examinations while retaining the requirements for standard serologic tests for syphilis; to provide for form amendments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act providing for premarital examinations for syphilis and requiring each applicant for a marriage license to provide a certificate from a licensed physician stating that the applicant was given a physical examination including a standard serologic test for syphilis, approved February 25, 1949 (Ga. L. 1949, p. 1054), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 674), and an Act approved

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April 3, 1972 (Ga. L. 1972, p. 782), is hereby amended by striking from the first sentence of subsection (a) of section 1 the following: an examination including, and examining, so that when so amended said subsection shall read as follows: (a) Each person who shall apply for a marriage license shall present to the judge of the probate court a certificate signed by a physician licensed pursuant to Ga. Code Chapter 84-9 or licensed in any state or United States territory to practice medicine and surgery, stating that the applicant for marriage license has been given a standard serologic test for syphilis and that in the opinion of such physician the applicant is not infected with syphilis, or if so infected, is not in a stage of that disease which is or may become communicable. The certificate shall be filed by the judge of the probate court. Section 2. Said Act is further amended by striking from subsection (c) thereof the following: physician's examination, including a, and by striking after the following: marriage license, the following: ,, so that when so amended said subsection shall read as follows: (c) The standard serologic test for syphilis of both the man and woman applying for a marriage license shall be made within thirty days prior to the application for such license.

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Section 3. Said Act is further amended by adding at the end of the second paragraph of section 2 thereof the following: The form to be provided and distributed by the Department of Human Resources shall be amended to conform to the requirements of this Act, which provides that a physician's examination is no longer required for a marriage license but a standard serologic test for syphilis is required., so that when so amended said second paragraph of section 2 shall read as follows: The certificate of a physician and the statement from a person in charge of an approved laboratory or from a person authorized to make reports for such laboratory shall be on a form to be provided and distributed by the Georgia Department of Human Resources or by the State health departments of other states having laws requiring a blood test for syphilis and similar certification by a physician licensed to practice medicine as reguired by this Act, and approved by the Georgia Department of Human Resources. The form to be provided and distributed by the Department of Human Resources shall be amended to conform to the requirements of this Act, which provides that a physician's examination is no longer required for a marriage license but a standard serologic test for syphilis is required. Physician's examination no longer required. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. EDUCATIONSTUDENT LOANS TO ELIGIBLE GEORGIA NATIONAL GUARDSMEN AUTHORIZED. No. 313 (House Bill No. 702). An Act to amend an Act creating the Georgia Higher Education Assistance Authority, approved April 25, 1969 (Ga. L. 1969, p. 683), as amended, so as to authorize and direct the Authority to establish and administer a program of student loans to

Page 740

eligible members of the Georgia National Guard; to prescribe qualifications for loans; to provide that the Adjutant General of Georgia shall certify eligibility and termination of eligibility for student loans and eligibility for cancellation of student loans by members of the Georgia National Guard in accordance with the rules and regulations of the Authority; 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 Georgia Higher Education Assistance Authority, approved April 25, 1969 (Ga. L. 1969, p. 683), as amended, is hereby amended by adding a new section 6B immediately following section 6A, to read as follows: Section 6B. (a) The Authority is authorized and directed to establish and administer a program of student loans to eligible members of the Georgia National Guard at undergraduate educational levels, at private and public colleges and universities and vocational-technical schools located in this State. Citizens of this State who are members of the Georgia National Guard in good standing according to applicable regulations and who have not attained their 31st birthday on the date of enrollment shall be eligible to apply at private and public colleges and universities and vocational-technical schools located in this State to the extent that funds are available for providing loan assistance to such students. (b) Recipients of loans under the provisions of this section shall be limited to five separate academic years of study. Until the amount of funds available to the Authority for the purposes of this program is sufficient to provide assistance to qualifying students at all undergraduate levels, such assistance shall be limited to full-time students, and the maximum loan shall not exceed $500.00 per academic year. (c) The Authority is authorized to provide for a program of guaranteed loans to eligible members of the Georgia National Guard and to use funds made available to the Authority for the purpose of making educational loans to eligible students enrolled

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or accepted for enrollment in undergraduate programs at eligible educational institutions upon such terms and conditions as the Authority may prescribe. The Authority shall not be authorized to make an educational loan under this section unless such loan shall be first approved and guaranteed by the Georgia Higher Education Assistance Corporation. In order to obtain the guarantee of the Corporation, the Authority is authorized to comply with the provisions of all State and federal laws, rules, regulations and agreements respecting the guarantee of educational loans the Corporation. Such loans upon maturity shall be repayable in cash, with interest at seven percent per annum as in the case of other guaranteed student loans, or, upon graduation or termination of schooling, cancelled in consideration of the student retaining his membership in the Georgia National Guard on the basis of one year of membership service for each academic year of schooling. The amount of loans made to students which may be cancelled in consideration of services rendered as provided herein shall be limited to the amount of authorizations for such loan purposes provided in annual Appropriation Acts of the General Assembly, which amount, for cancellation purposes, shall be cumulative from year to year. Payment of interest by an eligible member of the Georgia National Guard accruing on a loan prior to maturity of the loan shall, if not paid when due, be deferred by the Authority until maturity and conversion of the loan to a monthly installment payment basis, at which time accrued interest shall be paid or otherwise added to the principal amount of the installment note. (d) The Adjutant General of Georgia shall certify eligibility and termination of eligibility for student loans and eligibility for cancellation of student loans by members of the Georgia National Guard in accordance with the rules and regulations of the Authority. 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. Approved March 23, 1977.

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MOTOR VEHICLES TO BE MOVED OFF THE ROAD FOLLOWING ACCIDENTS. No. 314 (House Bill No. 724). 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 25, 1974 (Ga. L. 1974, p. 969), so as to provide that drivers of motor vehicles involved in traffic accidents on the public roads and highways of this State shall be required to move such motor vehicles so as not to obstruct traffic under certain conditions; to provide that employees of the Department of Transportation shall be authorized to require the removal of wrecked vehicles under certain conditions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 969), is hereby amended by striking subsections (a), (b) and (c) of section 45B in their entirety and substituting in lieu thereof new subsections (a), (b) and (c) to read as follows: (a) Any other provision of this Act or any other law to the contrary notwithstanding, motor vehicles involved in traffic accidents and the drivers of such motor vehicles shall be subject to the provisions of this section. (b) The provisions of this section shall apply to motor vehicle traffic accidents which occur on the expressways and multi-lane highways of this State.

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(c) When a motor vehicle traffic accident occurs with no personal injury, death or extensive property damage, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such motor vehicle who possesses a valid driver's license, to remove said vehicles from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, median, or otherwise removed from the roadway, whenever such moving of a vehicle can be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and can be operated under its own power in its customary manner, without further damage or hazard to itself, to the traffic elements, or to the roadway. The driver of any such motor vehicle may request any person who possesses a valid driver's license to remove any such motor vehicle as provided herein, and any such person so requested shall be authorized to comply with such request. Section 2. Said Act is further amended by adding at the end of section 45B a new subsection (g) to read as follows:. (g) Employees of the Department of Transportation, in the exercise of the management, control and maintenance of the State Highway, may require, and assist in, the removal from the main traveled way of roads on the State Highway System of all vehicles incapacitated from any cause other than having been involved in a motor vehicle accident and of all vehicles incapacitated as a result of a motor vehicle traffic accident and debris caused thereby where such move can be accomplished safely and will result in the improved safety or convenience of travel upon the road. However, vehicles incapacitated as a result of a motor vehicle traffic accident may not be moved until the enforcement officer has made the necessary measurements and diagrams required for the initial accident investigation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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EXCISE TAXESMUNICIPAL TAX AUTHORIZED ON ALCOHOLIC BEVERAGE SALES OTHER THAN BEER, ETC. No. 315 (House Bill No. 725). An Act to authorize municipal corporations and counties to levy and impose certain excise taxes; to provide for the procedures connected therewith; to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, so as to delete therefrom certain of the prohibitions against political subdivisions levying certain taxes; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of each municipality in this State in which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink is permitted, shall be authorized to impose, levy and collect an excise tax upon the sale of such beverages, excluding such sales of fermented beverages made whole or in part from malt, or any similar fermented beverage. No such tax shall exceed 3% of the charge to the public for such beverages. Section 2. The governing authority of each county in this State in which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink is permitted, shall be authorized to impose, levy and collect an excise tax upon the sale of such beverages, excluding such sales of fermented beverages made whole or in part from malt, or any similar fermented beverage. No such tax shall exceed 3% of the charge to the public for such beverages. No such tax may be imposed, levied and collected in any portion of a county wherein the tax provided for in section 1 is being imposed, levied and collected. Section 3. The rate of taxation, the manner of its imposition, payment, collection and all other procedures related thereto shall be as provided for by each county and municipality electing to exercise powers herein conferred.

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Section 4. Dealers collecting the tax shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from State tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as now or hereafter amended. Section 5. The Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by adding at the end of section 25 thereof the following: ,provided further that the prohibition in this section shall not apply to nor affect in any way the right of any municipal corporation or county to impose, levy, or collect any excise tax upon the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink. Section 6. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval; provided, however, that no ordinance or regulation adopted by a county or municipality imposing the excise tax authorized by this Act shall become effective before May 1, 1977. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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REGISTRATION OF GEOLOGISTS ACT OF 1975 AMENDEDPROCEDURES CHANGED. Code Ch. 84-21A Amended. No. 316 (House Bill No. 740). An Act to amend Code Chapter 84-21A, known as the Registration of Geologists Act of 1975, as amended by an Act approved March 24, 1976 (Ga. L. 1976, p. 695), so as to provide for the return of certain materials to applicants; to provide for the purchase of a seal by a registrant; 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 84-21A, known as the Registration of Geologists Act of 1975 as amended by an Act approved March 24, 1976 (Ga. L. 1976, p. 695), is hereby amended by adding at the end of Code section 84-2107A the following: The Board may, after examination of any dissertation, thesis, technical report or study, or other similar material required of any applicant for registration as a geologist or certification in a specialty, return the same to such applicant., so that when so amended Code section 84-2107A shall read as follows: 84-2107A. Applications. An application for registration as a geologist or certification in a specialty shall be made under oath, shall show the applicant's education and a detailed summary of his geologic work. The application shall be accompanied by an application fee fixed by the Board. The Board may, after examination of any dissertation, thesis, technical report or study, or other similar material required of any applicant for registration as a geologist or certification in a specialty, return the same to such applicant. Section 2. Said Code Chapter is further amended by striking the words shall obtain from the joint-secretary at a cost prescribed by the board in the first sentence of Code section 84-2113A

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and inserting in lieu thereof the words may purchase from a source approved by the Board, so that when so amended said Code section 84-2113A shall read as follows: 84-2113A. Seals: requirements. Each registrant hereunder, upon issuance of a certificate, may purchase from a source approved by the Board, a seal of the design authorized by the Board, bearing the registrant's name and the legend `Registered Professional Geologist' or `Certified (subspecialty) Geologist.' All drawings, reports, or other geologic papers or documents involving geologic work as defined in this Chapter which shall have been prepared or approved by a registered geologist or a subordinate employee under his direction for the use of or for delivery to any person or for public record within this State shall be signed by him and impressed with said seal or the seal of a nonresident practicing under the provisions of this Chapter, either of which shall indicate his responsibility for them. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. COMMERCIAL GAMBLING TO BE A FELONY. Code 26-2703 Amended. No. 317 (House Bill No. 751). An Act to amend Code section 26-2703, relating to commercial gambling, as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 236), so as to provide that commercial gambling shall be a felony; to provide punishment for said crime; 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 26-2703, relating to commercial gambling, as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 236), is hereby amended by striking the last unnumbered paragraph thereof which reads as follows: A person convicted of commercial gambling shall be punished as for a misdemeanor of a high and aggravated nature., and substituting in lieu thereof a new paragraph to read as follows: A person convicted of commercial gambling shall be punished as a felony, and shall be punished by imprisonment for not less than one nor more than five years, or by a fine not to exceed $20,000 or both. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. EDUCATIONSTUDENT LOAN AMOUNTS, GUARANTEES, LENDERS, ETC., CHANGED. No. 318 (House Bill No. 759). An Act to amend an Act creating the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended, so as to change provisions relative to loan amounts; to authorize guarantee of certain loans without regard to legal residency of the student borrower; to authorize compliance with provisions of federal laws; to change provisions relative to eligible lenders; to add provisions respecting guarantee and payment of interest on loans; to provide for other matters relative to the guaranteed student loan program; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended, is hereby amended by striking subsection (1) of section 5 in its entirety and substituting in lieu thereof a new subsection (1), to read as follows: (1) To authorize the Corporation to guarantee payment of educational loans, in the event of default, and interest accruing on guaranteed loans, subject to limitations, terms and conditions prescribed by the Board, made by eligible lenders to eligible full-time and half-time students attending eligible educational institutions in amounts not to exceed academic year and aggregate principal amounts specified in the federal laws referred to in subsection (11) of this section. The maximum loan that may be guaranteed for a student may vary on the basis of the vocational, undergraduate, professional or graduate level classification of the student; and for students engaged in specialized training requiring exceptionally high costs of education or attending exceptionally high cost institutions. The Board is authorized to define all words, terms and phrases used in this Act as necessary to effectively carry out the purposes hereof, and to require that students attending an eligible educational institution be in good standing at such institution in order to obtain guarantee of additional loans. Section 2. Said Act is further amended by adding at the end of subsection (10) of section 5 two new subsections to be designated subsections (h) and (i), to read as follows: (h) The Corporation is authorized to guarantee loans made by eligible lending institutions in this State to students attending eligible educational institutions located within this State without regard to the state of legal residency of the student. (i) The Corporation is authorized to comply with and to administer the Georgia guaranteed student loan program in compliance with all applicable provisions of the Higher Education Act of 1965 (P.L. 89-329) and the National Vocational Loan Insurance Act of 1965 (P.L. 89-827), both as amended, particularly

Page 750

as amended by the Education Amendments of 1976 (P.L. 94-482), and as may be hereafter amended. Section 3. Said Act is further amended by striking section 6 in its entirety and substituting in lieu thereof a new section 6, to read as follows: Section 6. The loans provided for herein may be made pursuant to regulations of the Corporation by commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, retirement and pension systems, postsecondary educational institutions, and the Georgia Higher Education Assistance Authority. Section 4. Said Act is further amended by striking the second sentence of section 7 in its entirety and substituting in lieu thereof a new second sentence to section 7, to read as follows: Interest payable on loans guaranteed by the Corporation as provided in this subsection may be paid on behalf of and for the account of the borrower by the Corporation during periods of time authorized and provided for by regulations of the Board unless otherwise paid by the borrower or with federal funds made available for this purpose by federal law or regulations applicable to such loans. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. EDUCATIONEXTENSION OF STUDENT INCENTIVE SCHOLARSHIP PROGRAM AUTHORIZED. No. 319 (House Bill No. 760). An Act to amend an Act creating the Georgia Higher Education Assistance Authority, approved April 25, 1969 (Ga. L. 1969,

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p. 683), as amended, so as to authorize extension of the State student incentive grant or scholarship program to eligible students attending approved nonprofit institutions of higher education; to change provisions relating to the program; 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 creating the Georgia Higher Education Assistance Authority, approved April 25, 1969 (Ga. L. 1969, p. 683), as amended, is hereby amended by striking subsection (a) of section 6A in its entirety and substituting in lieu thereof a new subsection (a), to read as follows: (a) The Authority is authorized to establish and administer a program of student incentive grants or scholarships to students at undergraduate postsecondary education levels pursuant to provisions of the federal Higher Education Act of 1965, as amended, particularly as amended by the Education Amendments of 1972 (P. L. 92-318) and the Education Amendments of 1976 (P. L. 94-482), and as may be hereafter amended, and federal regulations promulgated pursuant thereto, which provide for a program of State student incentive grants. The Authority is authorized to use such funds as may become available to the Authority for this purpose and to prescribe such rules and regulations as may be necessary for administration of the student incentive grant or scholarship program. Residents of Georgia for a period of at least twelve months immediately preceding their date of registration in a branch of the University System of Georgia; a private college or university which is an approved institution for purposes of an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, approved April 14, 1971 (Ga. L. 1971, p. 906), as amended; a college or university receiving State funds under the Junior College Act of 1958, approved February 20, 1958 (Ga. L. 1958, p. 47), as amended; a State-supported vocational/technical school; or in an accredited or approved nonprofit hospital school of nursing, provided such postsecondary educational institution is located in the State of Georgia, shall be eligible to make application for a student incentive grant or scholarship. To the extent

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necessary to comply with applicable federal laws in order to receive federal funds available for purposes of the student incentive grant or scholarship program, the Authority is authorized to extend the coverage and benefits of the program to Georgia resident undergraduate students attending nonprofit institutions of higher education located in Georgia which are approved by the federal government for purposes of eligibility under the federal state student incentive grants program. Until the amount of funds available to the Authority for purposes of this program is sufficient to provide assistance to qualifying students at all undergraduate levels, such assistance shall be limited to full-time students, and the maximum student incentive grant or scholarship that may be awarded to any student shall not exceed $450 per academic year. Georgia veteran students otherwise eligible and qualifying to receive a student incentive grant or scholarship under this program shall have priority over other students to the extent that a designated amount of funds for incentive grant or scholarship awards to veteran students is committed for their use and benefit in annual Appropriations Acts of the General Assembly. No student shall be eligible to receive a student incentive grant or scholarship for a period of more than five academic years. 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. Approved March 23, 1977. DEPARTMENT OF PUBLIC SAFETYG.B.I. OFFICERS AUTHORIZED TO ASSIST IN CRIMINAL INVESTIGATIONS. No. 320 (House Bill No. 767). An Act to amend an Act creating a Department of Public Safety for Georgia, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, so as to provide that officers of the Georgia

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Bureau of Investigation may also render assistance to local authorities upon request of any district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Department of Public Safety for Georgia, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, is hereby amended by adding at the end of the second paragraph, as previously amended, of section 1 of Article 3 of said Act a new sentence to read as follows: Any district attorney of this State may request the assistance of the Georgia Bureau of Investigation to conduct and exercise its lawful powers and authorities in the investigation of any criminal matter. 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. Approved March 23, 1977. PUBLIC HEALTHCANCER PROGRAM ESTABLISHED UNDER DEPARTMENT OF HUMAN RESOURCES. Code Title 88 Amended. No. 321 (House Bill No. 769). An Act to amend Code Title 88, relative to public health, as amended, so as to establish in the Adult Health Section of the Department of Human Resources a program for the control and prevention of cancer and for the care of patients suffering from cancer; to designate powers and duties in relation thereto; to create a Cancer Advisory Committee and provide

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for its members and their appointment, terms of office, expenses, powers, and duties; to provide for a Cancer Control Officer and his duties and powers; 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. Code Title 88, relative to public health, as amended, is hereby amended by adding a new Code Chapter to be designated Code Chapter 88-25A and to read as follows: Chapter 88-25A. Cancer Program 88-2501a. Findings and Declarations. (a) It is hereby declared and found that one of the most serious and tragic problems facing the public health and welfare is the death of thousands of persons in Georgia every year from cancer, when the present state of the medical art and technology could return many of these persons to a socially productive life. Advances and discoveries in the treatment of patients suffering from cancer now allow not mere survival, but rehabilitation of these patients to their normal occupations and activities. Presently, many of these patients are dying for lack of personal financial resources to pay for the care which they need. (b) The State hereby recognizes its responsibility to its citizens to allow them to keep their health without being pauperized and to use the resources and organization of the State to aid in gathering and disseminating information on the treatment of cancer. 88-2502a. Program Established. The Department of Human Resources shall establish a program for prevention, control and treatment of cancer, including the care of patients suffering from cancer, who require lifesaving therapy, but are unable to pay for such services. 88-2503a. Cancer Advisory Committee. (a) The Governor shall appoint a Cancer Advisory Committee to advise the department in the administration of this Chapter. The committee shall establish priorities and recommend relative budgets for the various purposes of this Code Chapter as described below.

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(b) The Cancer Advisory Committee shall consist of 15 members appointed by the Governor as follows: (1) Two members shall be appointed by the Governor from a list of 6 names submitted to him by the deans of the medical schools located within Georgia, both public and private. (2) Two members shall be appointed by the Governor from a list of 6 names submitted to him by the chief executive officers of the hospitals located within Georgia which are equipped to provide modern treatment for patients suffering from cancer. (3) Two members shall be appointed by the Governor from a list of 6 names submitted to him by the Medical Association of Georgia. (4) Two members shall be appointed by the Governor from a list of 6 names submitted to him by the American Cancer Society, Georgia Division. (5) Two members shall be appointed by the Governor from a list of 6 names submitted to him by the Georgia Cancer Management Network, Inc. (6) One member shall be appointed by the Governor from a list of 3 names submitted to him by the Georgia Claims Association and the Health Insurance Council. (7) One member shall be appointed by the Governor from a list of 3 names submitted to him by the Director of the Division of Vocational Rehabilitation of the Department of Human Resources. (8) Three members shall be selected by the Governor from the general public. (c) The persons whose names are submitted to the Governor by the medical colleges, the hospitals and the Medical Association of Georgia shall all be physicians licensed to practice medicine under the laws of Georgia, and the persons whose names are submitted by the Medical Association of Georgia shall be actively engaged in the practice of medicine.

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(d) The Governor shall appoint the initial members for staggered terms as follows: Three shall be appointed for terms to expire on December 31, 1977; three shall be appointed for terms to expire on December 31, 1978; three shall be appointed for terms to expire on December 31, 1979, and six shall be appointed for terms to expire on December 31, 1980. Thereafter, their successors shall be appointed for terms of four years, and until their successors are appointed and qualified, to begin on the expiration of the respective terms of office. In the event of a vacancy for any reason, the Governor shall fill said vacancy for the unexpired term in the same manner that other appointments are made. (e) The Cancer Advisory Committee shall meet as often as the Commissioner of Human Resources, hereinafter referred to as the Commissioner, deems necessary but not less than twice each year. The members of the committee shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties as member's thereof. 88-2504a. Cancer Control Organization. The Commissioner shall appoint a Cancer Control Officer. The Cancer Control Officer shall be a physician licensed to practice medicine under the laws of Georgia and must be knowledgeable in the field of medicine covered by this Chapter. He shall administer the cancer program for the Division of Physical Health of the Department of Human Resources in compliance with this Chapter. He shall be provided an office with clerical and administrative assistance to carry out this program. 88-2505a. Requirements for Program. The Commissioner with the advice of the Cancer Advisory Committee shall: (a) Develop standards for determining eligibility of patients for care and treatment under this program, set standards for the equipment and staffing of cancer clinics located strategically throughout the State and so placed that patients requiring treatment will not have to travel more than 75 miles to secure such treatment. When such clinics meet the standards they shall be certified by the State Department of Human Resources. Patients treated at uncertified cancer clinics shall not be eligible for State aid for reimbursement.

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(b) In the event that federal grant programs become available for patient care, the Commissioner may allocate State matching funds in whatever department of State government they may be administered, so as to maximize the total funds available and to obtain funding needed by the specific patient population which is declared eligible. These programs include but are not restricted to Medicaid, Crippled Children's Services and Vocational Rehabilitation. (c) Extend financial aid to persons suffering from cancer in obtaining the medical, nursing, pharmaceutical and technical services necessary in caring for such disease. Criteria and procedures for financial aid will be developed by the division in accordance with the principle that pauperization of a functional family unit will subvert the rehabilitative purposes of this program and will be more costly to the State in the long run. (d) Assist in the development and expansion, by grant or by contract, of programs for the care and treatment of persons suffering from cancer, so that the most efficient and effective treatment may be offered to the patients certified as eligible. (e) Assist in the development of programs for the prevention of cancer. (f) Assist in the development and execution of programs for the early detection of cancer, such as breast self-examination for breast cancer and the Papanicolaou test for cencer of the cervix. (g) Institute and support, directly or through health organizations such as the American Cancer Society and the Georgia Cancer Management Network, educational programs for physicians, providers of health care and the public concerning cancer, including the dissemination of information regarding prevention, early detection, and treatment. (h) Support a Statewide registry of all patients treated in certified cancer clinics in order to evaluate the nature and extent of the cancer problem and the effectiveness of treatment. 88-2506a. Right to Benefits. Nothing in this Chapter shall be construed to exclude patients with cancer from the benefits of

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any program of State or federal aid for which they might otherwise qualify. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . This Act or parts thereof shall not be implemented until adequate specific appropriations are provided therefor. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. JOINT-SECRETARY, STATE EXAMINING BOARDSPROVISIONS CHANGED. Code 84-102 Amended. No. 322 (House Bill No. 770). An Act to amend Code section 84-102, relating to the salary, term and office of the Joint-Secretary, State Examining Boards, expenses of board meetings, clerks and employees, time and place of meetings, as amended, so as to authorize boards to conduct certain hearings at a site other than the Capitol under certain circumstances; to provide where such hearings may be held; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 84-102, relating to the salary, term and office of the Joint-Secretary, State Examining Boards, expenses of board meetings, clerks and employees, time and place of meetings, as amended, is hereby amended by striking from the first paragraph the following: Provided, that the examinations,

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and inserting in lieu thereof the following: Provided, however, that where a board, except the Composite State Board of Medical Examiners, is conducting a hearing involving possible misconduct by a person licensed or certified by such board, the board shall be authorized to conduct the hearing in the county of residence of such person or in the county where the alleged misconduct was committed. Provided, further, that the examinations, so that when so amended, Code section 84-102 shall read as follows: 84-102. The salary of the Secretary of said Examining Boards shall be fixed by the Secretary of State, and he shall hold office at the pleasure of the Secretary of State. The Secretary of State shall employ such clerks and other employees as deemed necessary to carry out the provisions of this Chapter and for all services required by each of the State Examining Boards. Provided, that all of such expenses shall be paid pro rata out of the respective board fees, and limited to such fees or appropriations for such purposes. The expenses of the members of the various boards shall be limited to actual expenses while in attendance upon the meetings of said respective boards, their legal per diem, and actual traveling expenses. One member of each of the several examining boards may attend annually State and/or national meetings pertaining to the work of his respective trade or profession. The Secretary shall maintain an office in the State Capitol, and all of the meetings of said respective boards shall be held in the Capitol. Provided, however, that where a board, except the Composite State Board of Medical Examiners, is conducting a hearing involving possible misconduct by a person licensed or certified by such board, the board shall be authorized to conduct the hearing in the county of residence of such person or in the county where the alleged misconduct was committed. Provided, further, that the examinations of applicants for licenses may be conducted at some other designated place in this State. Provided, further, that where examination dates are fixed by law, said dates for the meetings or examinations may be changed to comply with the graduation dates of the various colleges and universities occasioned by the accelerated war-time program. All expense vouchers shall in each case be itemized, approved by the chairman

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of each respective board, or on expense vouchers of the Georgia State Board of Funeral Services by three members of the Georgia State Board of Funeral Services, and presented to the Joint-Secretary for payment. The Joint-Secretary shall, with the approval of the Secretary of State, employ a Deputy Joint-Secretary who shall act in the absence of the Joint-Secretary and who shall perform such other functions of the Joint-Secretary under this Chapter as the Joint-Secretary may designate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. COURT CONTINUANCES AUTHORIZED FOR ATTENDANCE ON GENERAL ASSEMBLY. Code 81-1402 Amended. No. 323 (House Bill No. 771). An Act to amend Code section 81-1402, relating to granting continuances for attendance on the General Assembly by party or counsel, so as to authorize continuances following any session adjourned sine die; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 81-1402, relating to granting continuances for attendance on the General Assembly by party or counsel, is hereby amended by striking from the first sentence thereof the following: except any session adjourned sine die, and inserting in lieu thereof the following: including the first three weeks immediately following any session adjourned sine die,

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so that when so amended said section shall read as follows: 81-1402. Membership in General Assembly by party or counsel. It shall be the duty of the judge of any trial court of this State to continue, on or without motion, any case in such court when any party thereto or his attorney shall, when the case is reached, be absent from the court by reason of his membership in the General Assembly, during the entire length of any regular or extraordinary session thereof and during the first three weeks of any recessed or adjourned regular or extraordinary session thereof, including the first three weeks immediately following any session adjourned sine die, unless the party in such absence of his attorney or the attorney in such absence of the party shall, on the call of the case, announce ready for trial. Provided, however, that where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his other counsel that such absent counsel is necessary or desirable for the proper handling of the case. 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. Approved March 23, 1977. PRISONS, ETC.SANITATION INSPECTIONS REQUIRED LESS FREQUENTLY. No. 324 (House Bill No. 786). An Act to amend an Act to provide minimum standards for certain detention facilities within this State, approved April 17, 1973 (Ga. L. 1973, p. 890), so as to change certain provisions relating to how often such facilities must be inspected; 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 to provide minimum standards for certain detention facilities within this State, approved April 17, 1973 (Ga. L. 1973, p. 890), is hereby amended by striking from subsection (c) of section 3 thereof the following: a month, and substituting in lieu thereof the following: every 3 months, so that when so amended subsection (c) of section 3 shall read as follows: (c) Sanitation inspections of both facilities and inmates shall be made as frequently as is necessary to insure against the presence of unsanitary conditions; provided, however, that an official from the Department of Human Resources or an officer designated by the Commissioner of Human Resources shall inspect such facilities at least once every 3 months. New inmates should be carefully classified, with adequate segregation and treatment given as needed. 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. Approved March 23, 1977. OIL AND GASLEASES TO BE NO MORE THAN TEN YEARS, ETC. Code 91-110a Amended. No. 325 (House Bill No. 790). An Act to amend Code section 91-110a, relating to the authority of the State Properties Commission to execute written contracts

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permitting the exploration of State-owned lands for indications of mineral resources, so as to provide that oil and gas leases shall provide for a primary term of not more than ten years; to provide for delay rentals; to provide that the lease may contain other provisions as desired or determined appropriate by the Commission; to provide for the filing of an electric log of each development well that has been completed or abandoned; to provide that an electric log of each exploratory well shall be filed within six months after the completion or abandonment of the well; to provide for confidentiality of the log under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 91-110a, relating to the authority of the State Properties Commission to execute written contracts permitting the exploration of State-owned lands for indications of mineral resources, is hereby amended by striking subsections (g) and (h) in their entirety and inserting in lieu thereof new subsections (g) and (h) of Code section 91-110a, to read as follows: (g) Each lease granted hereunder after competitive bidding shall provide for a primary term of not more than ten (10) years and shall provide for a royalty on production therefrom of not less than one-eighth (1/8) part of any oil produced and saved, or the value of same, and one-eighth (1/8) part of the gas, or the value of same, that may be produced from and is sold or used off the premises. The lease shall provide for delay rentals in the sum of at least ten cents (10) per net mineral acre payable on or before the first anniversary date of the lease, and twenty-five cents (25) per net mineral acre payable on or before the second anniversary date of the lease, and fifty cents (50) per net mineral acre payable on or before the third anniversary date of the lease, and at least one dollar ($1.00) per net mineral acre payable on or before each subsequent anniversary date during the primary term of the lease. The lease may contain such other provisions, including provisions for offset drilling, protection from drainage, pooling, and lease maintenance by resumption of interrupted delay rental payments, operations for drilling, production, and force majeure, as may be desired or determined appropriate by the Commission.

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(h) An electric log of each development well shall be filed with the Commission and with the Depertment of Natural Resources within thirty (30) days after the well has been completed or abandoned. An electric log of each exploratory well shall be filed with said Commission and with said Director within six (6) months after the completion or abandonment of the well; but, if the operator of the well requests that such log be treated as confidential, such request for confidentiality shall be honored strictly for an additional period of six (6) months, provided, however, that nothing in this Act shall be construed so as to repeal any requirement of the Oil and Gas and Deep Drilling Act of 1975. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. GEORGIA STATE COMMISSION OF INDIAN AFFAIRS ESTABLISHED. No. 326 (House Bill No. 812). An Act creating the Georgia State Commission of Indian Affairs; to provide for statement of purposes; to provide for the duties of said commission; to provide for the use of funds received by said commission; to provide for the membership of said commission; to provide for the compensation of the members of said commission; to provide for meetings of the commission; to specify a quorum; to provide for reports; to assign said commission to the Department of Community Affairs for administrative purposes only; to provide an effective date; to provide for the repeal of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Creation; name. There is hereby created and established a commission to be known as the Georgia State Commission of Indian Affairs.

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Section 2. Purposes for creation. The purposes of the commission shall be to deal fairly and effectively with Indian affairs; to bring local, State, and federal resources into focus for the implementation or continuation of meaningful programs for Indian citizens of the State of Georgia; to provide aid and protection for Indians as needs are demonstrated; to prevent undue hardships; to assist Indian communities in social and economic development; and to promote recognition of and the right of Indians to pursue cultural and religious traditions considered by them to be sacred and meaningful to native Americans. Section 3. Duties; use of funds. It shall be the duty of the commission to study, consider, accumulate, compile, assemble and disseminate information on any aspect of Indian affairs; to investigate relief needs of Indians of Georgia and to provide technical assistance in the preparation of plans for the alleviation of such needs; to confer with appropriate officials of local, State, and federal governments and agencies of these governments, and with such congressional committees that may be concerned with Indian affairs to encourage and implement coordination of applicable resources to meet the needs of Indians in Georgia; to cooperate with and secure the assistance of the local, State, and federal governments or any agencies thereof in formulating any such programs, and to coordinate such programs with any programs regarding Indian affairs adopted or planned by the federal government to the end that the State Commission of Indian Affairs secure the full benefit of such programs; to review all proposed or pending State legislation and amendments to existing State legislation affecting Indians in Georgia; to conduct public hearings on matters relating to Indian affairs; to subpoena any information or documents deemed necessary by the commission; to study the existing status of recognition of all Indian groups, tribes, and communities presently existing in the State of Georgia; to establish appropriate procedures to provide for legal recognition by the State of presently unrecognized groups, and to initiate procedures for their recognition by the federal government; to expend funds in compliance with State regulations; to make legislative recommendations; and to make and publish reports of findings and recommendations. Section 4. Membership. The Georgia State Commission of Indian Affairs shall consist of eight members as follows: two

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members who shall be Indians appointed by the organization which is recognized by the Commission of Indian Affairs to be the legal tribal organization of Cherokee Indians in this State; two members who shall be Indians appointed by the organization which is recognized by the Commission of Indian Affairs to be the legal tribal organization of Creek Indians in this State; two members appointed by the Governor; one member who shall be an Indian appointed by the Speaker of the House; and one member who shall be an Indian appointed by the Lieutenant Governor. The initial members of the commission shall be appointed within 60 days after the effective date of this Act. For the purposes of the initial appointment of the members of the commission, the Governor shall designate the organization which is the legal tribal organization of Cherokee Indians in this State and the organization which is the legal tribal organization of Creek Indians in this State. One of the initial members appointed by each tribal organization and one of the members appointed by the Governor shall be appointed to a term of two years; and one of the initial members appointed by each tribal organization and one of the members appointed by the Governor shall be appointed for a term of four years. The initial members appointed by the Speaker of the House and the Lieutenant Governor shall be appointed to terms of four years. Thereafter, successors shall be appointed as provided above for terms of four years. Members of the commission shall serve until their successors are appointed and qualified. Each member of the commission shall be entitled to receive the same compensation as provided for members of certain State boards and commissions in section 4 of an Act providing for the compensation and allowance of certain State officials, approved April 13, 1973 (Ga. L. 1973, p. 701), as now or hereafter amended. Section 5. Meetings; quorum. (a) The commission shall meet quarterly, and at any other such time that it shall deem necessary. Meetings may be called by the chairman or by a petition signed by a majority of the members of the commission. Ten days' notice shall be given in writing prior to the meeting date. (b) Three-fourths of the members of the commission must be present to constitute a quorum. Section 6. The Commission created by this Act is hereby assigned to the Department of Community Affairs for administrative

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purposes only, as provided in section 3 of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015), as now or hereafter amended. If a Department of Community Affairs is not created, the Commission is hereby assigned to the Department of Industry and Trade for administrative purposes only as provided in section 3 of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015), as now or hereafter amended, and the responsibilities of the Department of Industry and Trade under this section are hereby assigned to the Bureau of Community Affairs in the Department of Industry and Trade. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. This Act shall stand repealed and be null and void on July 1, 1978. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. INDIAN HOUSING AUTHORITIES LAW. No. 327 (House Bill No. 813). An Act to authorize the creation of Indian Housing Authorities in this State; to provide a short title; to provide for the powers, rights and functions of such Indian Housing Authorities; to provide procedures for the creation and operation of such Indian Housing Authorities; to provide for the appointment of commissioners for such Indian Housing Authorities; to provide for the qualifications of such commissioners; to define the area of operation of such Indian Housing Authorities; to provide for the leasing of property to such Indian Housing Authorities; to provide for other matters relative to the foregoing; to provide an effective date; to provide for the repeal of this Act; to repeal conflicting laws; and for other purposes.

Page 768

Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the Indian Housing Authorities Law. Short title. Section 2. There is created, with respect to each Indian tribe in this State, a public body corporate and politic, to be known as the Indian Housing Authority of said Indian tribe possessing all powers, rights and functions specified for housing authorities created pursuant to the Housing Authorities Law (Ga. L. 1937, p. 210), as now or hereafter amended, provided said Indian Housing Authority shall not transact any business nor exercise its powers hereunder until or unless the Georgia State Commission of Indian Affairs, by proper resolution, declares that there is a need for an authority to function for said tribe. Except as otherwise provided in this Act, all the provisions of law applicable to housing authorities created pursuant to the Housing Authorities Law (Ga. L. 1937, p. 210), as now or hereafter amended, and the commissioners of such authorities shall be applicable to Indian Housing Authorities and the commissioners thereof, unless a different meaning clearly appears from the context. The chief or other governing head and the governing council of an Indian tribe are hereby authorized to exercise all appointing and other powers with respect to an Indian Housing Authority that are vested in the mayor and the governing body of municipalities pursuant to the Housing Authorities Law (Ga. L. 1937, p. 210), as now or hereafter amended. The Indian Housing Authority shall be operated in conformity with Title 2 of the Civil Rights Act of 1968. Created. Section 3. The chief or other governing head shall appoint five commissioners who shall be members of the tribe for which the authority is created. Holding of any tribal office shall not bar appointment of any such tribal member to an Indian Housing Authority. No person shall be barred from serving as a commissioner because he is a tenant or home buyer in an Indian Housing Authority project. Commissioners. Section 4. The area of operation of an Indian Housing Authority created pursuant to this Act shall be within the territorial boundaries of the reservation set aside for the tribe. Area of operation.

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Section 5. Any real property located on an Indian reservation required by an Indian Housing Authority for use in its area of operation in providing housing shall be leased to the housing authority by the respective tribal governing body upon such lawful terms as shall be agreeable to the parties. Tribes to lease land. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. This Act shall stand repealed and be null and void on July 1, 1978. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. ENERGYBUILDING ADMINISTRATIVE BOARD DIRECTED TO CREATE ENERGY EFFICIENCY STANDARDS IN BUILDINGS. No. 328 (House Bill No. 823). An Act to amend an Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. L. 1969, p. 546), as amended by an Act approved March 24, 1970 (Ga. L. 1970, p. 734), an Act approved March 29, 1971 (Ga. L. 1971, p. 242), and by an Act approved March 24, 1976 (Ga. L. 1976, p. 654), so as to authorize and direct the Building Administrative Board to develop and recommend statewide standards to achieve thermal efficiency in new and renovated buildings and lighting efficiency in public buildings; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. L. 1969, p. 546), as amended by an Act approved March 24, 1970 (Ga. L. 1970, p.

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734), an Act approved March 29, 1971 (Ga. L. 1971, p. 242), and by an Act approved March 24, 1976 (Ga. L. 1976, p. 654), is hereby amended by adding immediately following section 8 a new section to be designated section 8A and to read as follows: Section 8A. Additional Powers of Board. (a) In addition to any powers heretofore provided by this Act, the Board is hereby authorized and directed to: (1) Develop and recommend statewide standards to define and achieve thermal efficiency in new and renovated buildings and lighting efficiency in buildings open to the public during normal working hours with the exception of any building whose peak design rate of energy usage for all purposes is less than one watt per square foot of floor area, or any building with neither a heating or cooling system, or any mobile home, or any building owned or leased in whole or in part by the United States, and (2) Hold public hearings in developing the statewide standards under paragraph (1) hereof. (b) Statewide standards developed by the Board pursuant to subsection (a) of this section shall conform to good engineering and architectural practices as generally evidenced by standards developed by the American Society of Heating, Ventilating and Air Conditioning Engineers; the National Conference of States on Building Codes and Standards; and the Standard Building Code Congress. (c) The statewide standards adopted by the Board pursuant to this section may be amended from time to time as determined by the Board. (d) The statewide standards required by this section shall be submitted to the General Assembly for consideration by not later than January 15, 1978. 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. Approved March 23, 1977.

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WORKMEN'S COMPENSATIONEMPLOYERS MUST PERMIT INSPECTIONS. Code 114-616. No. 329 (House Bill No. 826). An Act to amend Code section 114-616, relating to compliance, inspections and penalties, so as to change the penalty provisions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 114-616, relating to compliance, inspections and penalties, is hereby amended by adding after the word section in the second sentence of said Code section the following: or to comply with the provisions of Code section 114-601, 114-602 or 114-603 after being notified of noncompliance by the board, so that Code section 114-616, when so amended, shall read as follows: 114-616. Compliance; inspection; penalty.The board and its authorized representatives shall have the power and authority to enter and inspect any place of employment and payroll and employment records at any reasonable time for the purpose of investigating compliance with this Title and making inspections for the proper enforcement of this Title. The wilful refusal of an employer to permit inspections and investigations pursuant to this section or to comply with the provisions of Code section 114-601, 114-602 or 114-603 after being notified of non-compliance by the board shall subject the employer to a penalty to be assessed by the board not exceeding $50 per day so long as the refusal shall continue: Provided, however, no penalty shall be assessed except after notice of not less than 10 days and a hearing thereon before the board. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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INCOME TAXCREDIT ESTABLISHED FOR HOUSEHOLD AND DEPENDENT CARE EXPENSES. Code Ch. 92-31 Amended. No. 330 (House Bill No. 827). An Act to amend Code Chapter 92-31 relative to the imposition, rate and computation of State income taxes and exemptions therefrom, as amended, so as to provide for a tax credit for household and dependent care expenses; 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 Chapter 92-31 relative to the imposition, rate and computation of State income taxes and exemptions therefrom, as amended, is hereby amended by adding thereto a new section, to be designated Code section 92-3111.1, to read as follows: 92-3111.1. Credit for household and dependent care expenses. (a) Allowance of credit. In the case of a resident individual who maintains a household which includes as a member one or more qualifying individuals, there shall be allowed as a credit against the tax imposed under section 92-3101, as amended, for the taxable year an amount equal to 2 percent of the employment-related expenses paid by such individual during the taxable year. (b) Limit on amount creditable. The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed (1) $2,000 if there is one qualifying individual with respect to the taxpayer for such taxable year, or (2) $4,000 if there are two or more qualifying individuals with respect to the taxpayer for such taxable year.

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(c) Earned income limitation. Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed (1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or (2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. (d) Special rules. For purposes of this section, an individual shall be treated as maintaining a household for any period only if over half the cost of maintaining the household for such period is furnished by such individual (or, if such individual is married during such period, is furnished by such individual and his spouse). If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. 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 be applicable to all taxable years beginning on or after January 1, 1977. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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JUVENILE COURT CODE AMENDEDEMERGENCY MENTAL HOSPITALIZATION AUTHORIZED. Title 24A Amended. No. 331 (House Bill No. 837). An Act to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide an alternative means of securing hospitalization for mentally ill and mentally retarded children; to provide for legislative purpose; to provide for emergency admissions; to provide for the filing of a petition to invoke the jurisdiction of a juvenile court over a mentally ill or mentally retarded child; to provide for notice and summons; to provide for a hearing to inquire as to whether a child is mentally ill or mentally retarded and in need of hospitalization; to provide for hospitalization and the duration thereof; to provide for children already in certain facilities; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 24A, the Juvenile Court Code of Georgia, is hereby amended by adding a new Code Chapter, to be designated Code Chapter 24A-41, relating to mentally ill and mentally retarded children, which shall read as follows: Chapter 24A-41 Mentally Ill and Mentally Retarded Children 24A-4101. Purpose. The purpose of this Chapter is to provide an alternative method of securing hospitalization for mentally ill and mentally retarded children. The General Assembly of Georgia herewith specifically recognizes and states that the method of seeking hospitalization for mentally ill and mentally retarded children set forth in this Chapter is cumulative and is not to be used in lieu of present methods of providing treatment for mentally ill children either under this Title or under Code Chapter 88-4, 88-5 and 88-25, but it is only to be used in the event that these other methods are not available. The General

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Assembly specifically recognizes that the Juvenile Court may make disposition of mentally ill and mentally retarded children utilizing Code section 24A-2601 in appropriate cases, and recognizes the primary jurisdiction of the Juvenile Courts over the commitment of mentally ill and mentally retarded children who meet the standards and criteria found in Code Chapters 88-4, 88-5 and 88-25. 24A-4102. Emergency Receiving Facilities. Any person or other entity having legal custody, or physical custody if the legal custodian cannot be contacted after a diligent search, of any child under 17 years of age who believes that that child may be suffering from mental retardation or mental illness, and is in need of immediate medical attention, may cause the child to be taken to and examined at any emergency receiving facility in this State as defined in Code Title 88. If the physician in responsible charge at the emergency receiving facility believes that the child is mentally ill or mentally retarded, is in need of immediate medical attention, and is in need of hospitalization, the child may be admitted to the emergency receiving facility, but not otherwise. 24A-4103. Notice. Whenever any child is brought to any emergency receiving facility pursuant to this Chapter, notice shall be given immediately to the child's parents, guardian or legal custodian in the most expeditious manner possible or if there be none, then, irrespective of whether the child is alleged to be mentally ill or mentally retarded, the procedures contained in Code section 88-502.15 shall be used to appoint representatives or a guardian ad litem for the child. 24A-4104. Petition. If any child is admitted to an emergency receiving facility, the person seeking the admission shall, within 24 hours after the admission of the child, excluding Saturdays, Sundays and holidays, cause a petition to be filed with the juvenile court in the county of residence of the child. If the person filing the petition does not know and is unable with reasonable diligence to determine the actual county of residence of the child, the county in which the emergency receiving facility is located shall be deemed to be the county of the child's residence for the purpose of this Chapter. The petition shall be verified and may be on information and belief. It shall set forth plainly:

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(a) The facts which bring the child within the jurisdiction of the court. (b) The facts which led the person filing the petition to believe that the child is either mentally ill or mentally retarded, and in need of hospitalization. (c) The petition shall have attached thereto a statement of a physician stating that he has examined the child within the past 5 days and setting forth the nature and results of the examination which led the physician to believe that the child is mentally ill or mentally retarded, in need of immediate medical attention, and in need of hospitalization. Provided, however, a physician's certificate, containing the same information referenced above, obtained at the emergency receiving facility described hereinbefore will meet this requirement. (d) The names and residence addresses, if known to the petitioner, of the parents, guardian or custodian of the child and of the child's spouse, if any. If none of the child's parents, guardian or custodian resides or can be found within the State or if their respective places of residence addresses are unknown, the name and residence address of any known adult relative residing within the county, or if there be none, the name and residence address of the known adult relative residing nearest to the location of the court; or if there be none, the representatives as defined in Code section 24A-4103. (e) The place where the child is being kept at the time of the filing of the petition. 24A-4105. Filing of Petition. If the person who sought admission to the emergency receiving facility for the child does not file the petition required by Code section 24A-4105, within 24 hours, the superintendent of the facility in which the child is located shall do so. The filing of the petition by the superintendent of the facility shall occur within 48 hours of the child's admission to the emergency receiving facility excluding Saturdays, Sundays and holidays. The juvenile court in which the petition is filed shall, within 3 days of the filing of the petition, excluding Saturdays, Sundays and holidays, cause a hearing to be held to determine whether there is probable cause to believe that the child is mentally

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ill or mentally retarded and in need of hospitalization. This hearing and the hearing required by Code section 24A-4107 may be held concurrently so long as the hearing is held within 3 days of the filing of the petition. 24A-4106. Hospitalization of the Child. During the time after the child is admitted to an emergency receiving facility, the child may be kept at any approved facility, or institution as that term is defined in Code Chapters 88-4, 88-5, or 88-25; provided that notice is given to the parents, guardian, legal custodian, or representative of the child, as to the child's location. 24A-4107. Summons. (a) After the petition has been filed the court shall fix a time for a hearing thereon which shall be not later than 10 days after the filing of the petition. The court shall direct the issuance of a summons to the parents, guardian or other custodian, a guardian ad litem, or any other persons as appears to the court to be proper or necessary parties to the proceedings, requiring them to appear before the court at the time fixed for the hearing. The summons shall also be directed to the child if the child is fourteen or more years of age. A copy of the petition shall accompany the summons unless the summons is served by publication in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition can be obtained. The summons shall be served in accordance with Code section 24A-1702, but if service must be obtained by certified mail or by publication the ten-day period in which the hearing is to be held shall be tolled pending the service of the summons. 24A-4108. Conduct of Hearings. All hearings shall be conducted in the same manner as set forth in Code Chapter 24A-18. 24A-4109. Rights. All persons shall have the same rights in any proceeding under this Chapter as they would have in a deprivation proceeding conducted under the provisions of Code Title 24A, specifically including the provisions of Code section 24A-2101. Further, the child shall have a right to seek a writ of habeas corpus and to apply to the juvenile court for a protective order if necessary. 24A-4110. Findings and Disposition. (a) After hearing the evidence on any petition alleging that a child is mentally ill or

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mentally retarded and in need of hospitalization, the court shall make findings as to whether the child is in fact mentally ill or mentally retarded and whether the child is in fact in need of hospitalization. If the court finds that the child is not mentally ill or mentally retarded, or that, if mentally ill or mentally retarded, the child is not in need of hospitalization, the petition shall be dismissed and the child shall be discharged from the facility. It is expressly provided that the dismissal of a petition under this Chapter shall not bar any proceeding initiated under any other section of this Code Title. (b) If the court finds that the child is in fact mentally ill or mentally retarded and is in need of hospitalization, in the absence of an agreement between the concerned parties, which agreement is approved by the court, the court shall immediately commit the child to the Department of Human Resources for hospitalization at a facility or institution to be determined by the Department of Human Resources. The child shall remain under the jurisdiction of the Department of Human Resources only so long as the child continues to need to be hospitalized or until the order of the juvenile court expires, whichever is earlier. The order of the juvenile court shall expire 6 months from the date it was entered, but may be, after hearing, extended for an additional 6 months and as many times thereafter as may be necessary. 24A-4111. Hospitalization. To find that a child is in need of hospitalization, it must be determined that the child is mentally ill or mentally retarded and that the child's illness or condition can most appropriately be treated in a hospital setting. Any child who is mentally ill or mentally retarded but who can be treated most appropriately in an available less restrictive setting may not be hospitalized under this Chapter. 24A-4112. Children in the Custody of the Department of Human Resources. In the event that it is determined, by a court or otherwise, that any child presently or hereinafter hospitalized in any facility in the State of Georgia has been placed in such facility through a procedure or pursuant to a law which is determined to be invalid, the person or persons in responsible charge of the facility in which the child is hospitalized shall herewith be authorized to file a petition in the juvenile court of the child's residence alleging that the child is mentally ill or mentally

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retarded and in need of hospitalization in the same manner as though the child had been brought to the facility as provided in Code section 24A-4102. After such petition is filed, the issue of whether the child is to remain hospitalized shall be determined as provided in this Chapter. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. This Act shall expire on the 31st day, if not sooner repealed, after the end of the 1978 Session of the General Assembly. 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 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. AUGUSTA JUDICIAL CIRCUITCOURT REPORTER PROVIDED. No. 332 (House Bill No. 878). An Act to amend an Act providing for a third Judge for the Augusta Judicial Circuit of Georgia, approved March 3, 1961 (Ga. L. 1961, p. 60), so as to provide for a court reporter; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a third judgeship for Augusta Judicial Circuit of Georgia, approved March 3, 1961 (Ga. L. 1961, p. 60), is hereby amended by striking from section 2 thereof the following sentence: A court reporter appointed by the judge of one of the other divisions shall act for the third judge of the Augusta Judicial Circuit without salary but shall receive the usual fees for reporting and transcribing any case in said court when directed by the judge thereof., and inserting in lieu thereof the following: Said judge shall have the power to appoint, and at pleasure remove, a reporter or stenographic reporter who shall be compensated pursuant to the laws of the State of Georgia., so that when so amended, section 2 shall read as follows: Section 2. The qualifications of such additional judge shall be the same as are now provided by law for all other superior court judges. His compensation from the State of Georgia and from the counties of said circuit shall be the same as that of other judges of the Superior Court of the Augusta Judicial Circuit of the State of Georgia. His privileges of appointment of a secretary shall be the same as those enjoyed by any other judge of the Augusta Judicial Circuit of Georgia. Said judge shall have the power to appoint, and at pleasure remove, a reporter or stenographic reporter who shall be compensated pursuant to the laws of the State of Georgia. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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UNEMPLOYMENT COMPENSATIONFORFEITURE FOR FRAUDLIMITATIONS PERIOD CHANGED. No. 333 (House Bill No. 883). An Act to amend an Act known as the Unemployment Compensation Law, approved March 29, 1937 (Ga. L. 1937, pp. 806, et seq.), as amended, (now Employment Security Law), so as to change from one year to four years after the occurrence of fraud for a penalty to be placed upon such individual; to provide 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 Unemployment Compensation Law, approved March 29, 1937 (Ga. L. 1937, pp. 806, et seq.), as amended, (now Employment Security Law), is hereby amended by striking the period . at the end of the first sentence in subsection (f) of section 16 and inserting in lieu thereof the following: occurring prior to July 1, 1977; and, provided further, that no such determination may be made more than four years after such occurrence, act, or omission occurring on, or after, July 1, 1977. so that when amended, subsection (f) of section 16 shall read as follows: (f) Any person who makes a false statement or representation as to a material fact, knowing the same to be false or who knowingly fails to disclose a material fact to obtain or increase benefits under this Act, either for himself or for any other person, or who knowingly accepts benefits under this Act to which he is not entitled, shall, upon an appropriate finding by the Commissioner, cease to be eligible and shall forfeit all unpaid benefits for any weeks of unemployment subsequent to the commission of said act and /or omission, including any benefits to which he would otherwise be entitled during the remainder of any incompleted calendar quarter and the next four complete calendar quarters immediately following such determination by the Commissioner;

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provided, however, that no such determination may be made more than twelve months after such occurrence, act, or omission occurring prior to July 1, 1977; and, provided further, that no such determination may be made more than four years after such occurrence, act, or omission occurring on, or after, July 1, 1977. Any such determination by the Commissioner may be appealed in the same manner as provided for the appeal from an initial determination in section 6 of this Act. The provisions of this subsection shall be in addition to, and not in lieu of, any provision contained in any of the other subsections of this section. 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. Approved March 23, 1977. IMPLEMENTATION OF INTERGOVERNMENTAL COOPERATION ACT AMENDED. No. 334 (House Bill No. 971). An Act to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. L. 1970, p. 321), as amended, so as to provide certain additional authority for each Area Planning and Development Commission; to provide for other matters relative thereto; to provide for the expiration of such additional authority on a certain date; to provide for the construction of this Act relative to a certain 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 implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. L. 1970, p. 321), as amended, is hereby

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amended by adding at the end of section 14 a new subsection (k) to read as follows: (k) Upon the signed resolution of its board and written approval by each unit of local government affected, initiate, if the Area Planning and Development Commission has submitted a formal program application to a State agency on or before March 1, 1977, continue or renew arrangements with a State agency for the purpose of providing management, administration and operation of programs, existing as of the effective date of this subsection, on behalf of that State agency and units of local government within the area. Effective June 30, 1979, this subsection will stand repealed in its entirety. Section 2. This Act is hereby declared to be cumulative of and supplemental to any existing powers and authority of any metropolitan area planning and development commission created by an Act approved March 3, 1971 (Ga. L. 1971, p. 17), as amended, and nothing in this Act shall be construed to repeal, limit or diminish any power heretofore possessed by any such metropolitan area planning and development commission. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. GARNISHMENTSGARNISHEES SUFFERING DEFAULT JUDGMENTS GRANTED ADDITIONAL TIME TO SEEK RELIEF. Code 46-509 Amended. No. 335 (House Bill No. 973). An Act to amend Code section 46-509, relating to relief from default judgments and garnishments, so as to change the time within which relief must be sought; to change the amount which the judgment may be reduced; 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 46-509, relating to relief from default judgments and garnishments, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof the following: 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 sixty (60) days from the date garnishee receives actual notice of the entry of such judgment against garnishee, 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, or effects belonging to the defendant which came into the garnishee's hands from the time of service of the summons 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. Notice to the garnishee by certified mail shall be sufficient notice as herein required. 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 $200.00, whichever is greater. Provided, further, that on the trial of the motion, the burden of proof shall be on the garnishee. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. CHATTAHOOCHEE JUDICIAL CIRCUITADDITIONAL SUPERIOR COURT JUDGES AUTHORIZED. No. 336 (House Bill No. 976). An Act to provide for an additional judge of the Superior Courts of the Chattahoochee Judicial Circuit; to provide for the initial

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appointment and subsequent election of such judge; to provide for terms of office; to provide for compensation; to provide for powers and duties; to require candidates for such judgeship to designate the place for which he is running; to provide for rules of procedure; to provide for the division and allocation of work and duties; to provide for a presiding judge of said circuit; to provide for an additional court reporter for said circuit; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the provisions of Article VI, Section III, Paragraph I of the Constitution of Georgia of 1976, and as provided hereinafter, effective January 1, 1978, one additional judge of the superior courts is hereby added to the Chattahoochee Judicial Circuit, thereby increasing to four the number of judges of said circuit. Section 2. Such additional judge shall be initially appointed by the Governor to take office on January 1, 1978, for a term ending on December 31, 1978, and until his successor is elected and qualified. Thereafter, beginning with the general election to be held in 1978, the additional judge shall be elected for a term of four years beginning on January 1 of the year following the election, and until his successor is elected and qualified, and such election shall be held and conducted in the same manner as is now or as may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Terms of Office. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Chattahoochee Judicial Circuit of Georgia shall designate with the party 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. Candidates.

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Section 4. The qualifications of such additional judge and his successors shall be the same as are provided by law for all superior court judges. Such additional judge shall have and may exercise all powers, duties, jurisdiction, privileges and immunities of a judge of the superior courts. Any of the four judges of the superior courts of said circuit may preside over any cause therein and perform any official act as judge thereof. The additional judge shall be compensated in the same manner as other judges of the superior courts are compensated, and he shall receive and be entitled to the same allowances as other judges of the superior courts receive. He shall also be entitled to and receive the same additional compensation as may be paid by any county in said circuit to the present judges of such circuit. Powers and duties. Section 5. All writs and processes in the superior courts of the Chattahoochee Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said 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 four 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 of Court. Section 6. The four judges of said circuit are hereby authorized to adopt, promulgate, amend and enforce such rules of practice and procedure as are consistent with the Constitution and laws of this State, as they deem suitable and proper for the effective transaction of the business of the superior courts of said circuit. Rules. Section 7. The four judges of said circuit in transacting the business of the superior courts of said circuit and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each of them. In the event of disagreement between said judges in respect to the aforesaid, the decision of the senior judge in point of continuous service as superior court judge shall be controlling. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar shall be considered the senior judge.

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Section 8. The judge of said circuit who is senior in point of continuous service as superior court judge shall be the presiding judge of said circuit. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar shall be presiding judge. Presiding judge. Section 9. The four judges of the Chattahoochee Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Court Reporter. Section 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Chattahoochee Judicial Circuit may bear teste in the name of any judge of the Chattahoochee 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. Official paper. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. CHILDRENIMMUNIZATIONS REQUIRED TO ATTEND DAY CARE CENTERS. No. 337 (House Bill No. 999). An Act to amend an Act known as the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, so as to require the immunization of children as a prerequisite to attending day-care centers for more than a certain period of time; to require a child's parent or guardian to furnish the day-care center with a certificate of such immunization; to authorize the Board of Human Resources to determine what diseases shall be included in such immunization; to provide for procedures relative to such immunization;

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to make certain acts in violation of such immunization program a misdemeanor; to provide for a punishment; to provide for exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, is hereby amended by adding following section 26 a new section to be designated section 27, to read as follows: Section 27. Immunization of children attending day-care centers. (a) Unless the provisions of this section are complied with, a child shall not receive care in a day-care center in this State for a period exceeding thirty days. Within thirty days after a child initially begins attending a day-care center in this State, a certificate of immunization, or a provisional certificate of immunization indicating that an immunization program to satisfy the requirements of this Act has started, shall be given to the day-care center by the child's parent or guardian. Within one hundred and twenty days after the child for whom a provisional certificate has been given begins attending the day-care center a certificate of immunization shall be given to the day-care center by the child's parent or guardian. The certificate of immunization shall certify that the child has been immunized from the contagious diseases itemized in the appropriate rules and regulations adopted by the Board of Human Resources and shall be issued by a physician or public health department. The certificate of immunization, or the provisional certificate if a certificate of immunization has not been received, of each child shall be kept on record by the day-care center as long as the child is attending the day-care center. (b) The Board of Human Resources shall determine which diseases are to be included in the rules and regulations promulgated by the local board of health. The Board of Human Resources shall immediately determine which diseases should be included, and shall convey the list of diseases to the local boards of health. The list of diseases may be revised whenever the Board of Human Resources deems it necessary, and the local boards of health may revise their rules and regulations accordingly.

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(c) Any day-care center official, parent or guardian who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $10 and not more than $100 for each child involved in such violation. (d) If, in the discretion of the health authority having jurisdiction or any physician licensed under the laws of the State of Georgia, any child to whom this section applies shall be deemed to have a physical disability which may contraindicate vaccination, a certificate to that effect issued by the health authority or physician may be accepted in lieu of a certificate of vaccination. This exemption shall not apply when such disability shall have been removed. (e) The provisions of this section shall not apply if the parent or legal guardian of such child objects thereto on the grounds that such immunization conflicts with the religious beliefs of said parent or guardian; provided that immunization may be required in these cases when such disease is in epidemic stages. To comply with the requirements of this subsection, the parent or guardian must furnish the day-care center an affidavit in which said parent or guardian swears under oath that the immunization required by this section conflicts with the religious beliefs of said parent or guardian. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. DEVELOPMENT AUTHORITIES LAW AMENDEDPROJECT DEFINED. No. 338 (House Bill No. 1045). 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), an Act approved April 24, 1975 (Ga. L. 1975, p.

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1259), an Act approved March 25, 1976 (Ga. L. 1976, p. 708) and an Act approved April 5, 1976 (Ga. L. 1976, p. 1483), so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain industrial enterprises, expand local credit and capital, and reduce unemployment; to change the definition of the word project'; to provide 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 by an Act approved March 19, 1971 (Ga. L. 1971, p. 177), an Act approved April 24, 1975 (Ga. L. 1975, p. 1259), an Act approved March 25, 1976 (Ga. L. 1976, p. 708) and an Act approved April 5, 1976 (Ga. L. 1976, p. 1483), 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, improvement or modification of any property, real or personal, which shall be suitable for, used as, or in connection with: (1) sports facilities; (2) convention or trade show facilities; (3) airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing; (4) facilities for the local furnishing of electric energy or gas; (5) facilities for the furnishing of water, if available on reasonable demand to members of the general public; and (6) facilities for lodging and for providing meals, provided that such facilities are constructed in connection with and adjacent to convention or trade show facilities.

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The word `project' shall also mean and include the acquisition or development of land as the site for an industrial park. For purposes of the preceding sentence, the term `development of land' includes the provision of water, sewage, drainage, or similar facilities, or of transportation, power, or communication facilities, which are incidental to use of the site as an industrial park but, except with respect to such facilities, does not include the provision of structures or buildings. 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. Approved March 23, 1977. ALCOHOLIC BEVERAGESLOCAL LICENSE REQUIRED TO OBTAIN STATE LICENSE. No. 339 (House Bill No. 1047). 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 no initial license to sell distilled spirits or alcoholic beverages shall be issued by the State Revenue Commissioner until the applicant has exhibited a license granted by the municipality, if the place of business to be conducted is within the corporate limits of a municipality, or by the governing authorities of the county where the place of business to be conducted is located, if such place of business is outside the corporate limits of a town or city; to provide for the annual renewal of licenses by the State Revenue Commissioner; to provide for the refund of certain license fees; 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 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 further amended by striking from the first sentence of subsection (d) of section 9, the following: No license shall be granted by the Revenue Commissioner, and inserting in lieu thereof the following: No initial license shall be granted by the State Revenue Commissioner, and by adding following the first sentence of subsection (d) of section 9, the following sentences: On annual renewal of a license, the State Revenue Commissioner may issue a license without requiring the applicant to exhibit a license granted by the the municipality, if the place of business is within the corporate limits of a municipality, or by the governing authority of the county where the place of business is located, if such place of business is outside the corporate limits of a town or city. In the event the State Revenue Commissioner denies an application for a license, the license fee charged by the municipality or county shall be refunded to the applicant provided the place of business for which a license is sought has never operated., so that when so amended said first three sentences of subsection (d) of section 9 shall read as follows: (d) No initial license shall be granted by the State Revenue Commissioner until the applicant has exhibited a license granted by the municipality, if the place of business to be conducted is within the corporate limits of a municipality, or by the governing authority of the county where the place of business to be conducted is located, if such place of business is outside the corporate limits of a town or city, and the local authority issuing this license shall have full authority to pass on the character, reliability and other qualities of fitness before issuing such

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license. On annual renewal of a license, the State Revenue Commissioner may issue a license without requiring the applicant to exhibit a license granted by the municipality, if the place of business is within the corporate limits of a municipality, or by the governing authority of the county where the place of business is located, if such place of business is outside the corporate limits of a town or city. In the event the State Revenue Commissioner denies an application for a license, the license fee charged by the municipality or county shall be refunded to the applicant provided the place of business for which a license is sought has never operated. 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. Approved March 23, 1977. ALAPAHA JUDICIAL CIRCUITADDITIONAL JUDGE AUTHORIZED. No. 340 (Senate Bill No. 12). An Act to add one additional judge of the superior courts of the Alapaha 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 court to divide and allocate the work and duties thereof; to require each candidate for such judgeship to designate the place for which he is running; to provide for the manner of empaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of the counties which comprise the Alapaha Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to

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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 1976, one additional judge of the superior courts for the Alapaha Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit, effective upon the appointment of said additional judge by the Governor as provided by this Act. Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning on the date of his appointment and continuing through December 31, 1978, and until his successor is elected and qualified; such judge shall take office on the date of his appointment by the Governor. His successor shall be elected in the 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 after such election 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. Terms of office. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Alapaha 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. Candidates.

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Section 4. The additional judge of the superior courts for the Alapaha 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 the Alapaha Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Powers and duties. Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Alapaha Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Alapaha Judicial Circuit 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 Alapaha Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said 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 of Court. Section 7. The two judges of the superior courts of the Alapaha 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 court of the Alapaha Judicial Circuit serving at the time this Act becomes effective shall be the first senior judge and shall continue as senior judge as long as he shall serve. Thereafter, the judge with the longest

Page 796

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

Page 797

of the Alapaha 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. Official paper. Section 11. Upon request of either judge of the circuit, the governing authorities of the counties comprising the Alapaha Judicial Circuit are hereby authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such. Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. FALSE ALARM CALL FOR AMBULANCE MADE A MISDEMEANOR. No. 341 (Senate Bill No. 19). An Act to provide that it shall be unlawful to transmit in any manner a request for ambulance service to any person, firm or corporation furnishing such ambulance service, public or private, knowing at the time of making such request that there exists no reasonable need for such ambulance service; to provide for penalties; 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. It shall be unlawful for any person to transmit, in any manner, a request for ambulance service to any person, firm or corporation furnishing such ambulance service, public or private, knowing at the time of making such request for such ambulance service that there exists no reasonable need for such ambulance service. 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. This Act shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. TEACHERSTAKING ACCUMULATED SICK LEAVENO REASON NEED BE STATED. No. 342 (Senate Bill No. 27). An Act to amend an Act providing sick leave for the teachers of the public schools of this State, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 43), as amended, particularly by an Act approved March 20, 1970 (Ga. L. 1970, p. 459), so as to provide that grant of approval for use of certain accumulated teacher sick leave shall not be conditioned or denied based upon failure or refusal to disclose the purpose for which such leave is sought; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing sick leave for the teachers of the public schools of this State, approved December 10, 1953 (Ga. L.

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1953, Nov.-Dec. Sess., p. 43), as amended, particularly by an Act approved March 20, 1970 (Ga. L. 1970, p. 459), is hereby amended by adding a new sentence at the end of section 1A thereof, to read as follows: No grant of approval for an absence permitted under the provisions of this section shall be conditioned upon disclosure of the specific purpose for which such absence is sought, nor shall any such grant of approval be withheld or denied due to the failure or refusal of a teacher to disclose the specific purpose for which such an absence is sought; provided, that a teacher may be requested to state whether the absence is sought under the category of `personal' or `professional' absence and that the period of proposed absence is not in conflict with a local board of education policy concerning school days on which teacher presence is essential for effective school operation., so that when so amended section 1A shall read as follows: Section 1A. During any school year, a teacher 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 superintendent or his authorized representative. No grant of approval for an absence permitted under the provisions of this section shall be conditioned upon disclosure of the specific purpose for which such absence is sought, nor shall any such grant of approval be withheld or denied due to the failure or refusal of a teacher to disclose the specific purpose for which such an absence is sought; provided, that a teacher may be requested to state whether the absence is sought under the category of `personal' or `professional' absence, provided also that this absence is not in conflict with a local board of education policy concerning school days on which teacher presence is essential for effective school operation. This bill shall become effective September 1, 1977. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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TEACHERSPAID LEAVE FOR JURY DUTY PROVIDED. No. 343 (Senate Bill No. 29). An Act to provide jury leave for persons employed as teachers in the public schools of this State; to provide for payment of compensation during any period of such leave; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Jury leave. Each person employed as a teacher in any public school of this State shall be allowed a leave of absence without loss of pay, and without deduction of any amounts otherwise received as compensation for service as teacher, for the purpose of attending upon any court as a juror. The teacher that serves as a juror shall not have the jury leave deducted from sick, personal or professional leave. No teacher utilizing jury leave under the provisions of this Act shall be required to pay the cost of employing a substitute teacher to serve in his absence on such jury leave, and local boards of education may adopt policies regarding the retention by teachers of the compensation for serving on a jury. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. SPEED TRAPSMADE A MISDEMEANORCOMMISSIONER OF PUBLIC SAFETY MAY INVESTIGATE. No. 344 (Senate Bill No. 32). An Act to amend an Act providing for the use of radar speed detection devices by counties and municipalities, approved March 27, 1968 (Ga. L. 1968, p. 425), as amended by an Act approved March 20, 1970 (Ga. L. 1970, p. 435), so as to provide

Page 801

that the Commissioner of the Department of Public Safety may suspend or revoke the radar speed detection device permit of any county or municipality; to provide for a hearing before the Commissioner or Deputy Commissioner of the Department of Public Safety upon the suspension or revocation of a radar speed detection device permit; to provide for appeal to the Board of Public Safety from a decision of the Commissioner or Deputy Commissioner of the Department of Public Safety suspending or revoking a radar speed detection device permit; to prohibit the use of such devices without a permit; to provide a penalty for the use of such devices without a permit; to provide a procedure for reinstatement of a radar speed detection device permit; to provide 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 use of radar speed detection devices by counties and municipalities, approved March 27, 1968 (Ga. L. 1968, p. 425), as amended by an Act approved March 20, 1970 (Ga. L. 1970, p. 435), is hereby amended by striking section 8 thereof in its entirety and substituting in lieu thereof a new section 8 to read as follows: Section 8. Upon a complaint being made to the Commissioner of the Department of Public Safety that any county or municipality is employing radar speed detection devices for purposes other than the promotion of the public health, welfare, and safety, the Commissioner, or his designee, is authorized and empowered to conduct an investigation into the acts and practices of such county or municipality with respect to radar speed detection devices. If, as a result of this investigation, the Commissioner or his designee finds that there is probable cause to suspend or revoke the radar speed detection device permit of such county or municipality, he shall issue an order to that effect. Commissioner authorized to investigate. Section 2. Said Act is further amended by striking section 9 thereof in its entirety and substituting in lieu thereof a new section 9 to read as follows: Section 9. Upon issuance by the Commissioner of an order suspending or revoking the radar speed detection device permit

Page 802

of any county or municipality, the county or municipality affected shall be afforded a hearing to be held within ten days of the effective date of the said order. Such hearing shall be held before the Commissioner or Deputy Commissioner of the Department of Public Safety and following said hearing the county or municipality affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. Revoking local radar permitprocedure. Section 3. Said Act is further amended by striking section 10 thereof in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. Any county or municipality aggrieved by a decision of the Commissioner or Deputy Commissioner of the Department of Public Safety suspending or revoking its radar speed detection device permit may appeal that decision within thirty days of its effective date to the Board of Public Safety which shall schedule a hearing with respect thereto before the Board. Following a hearing before the Board of Public Safety, the county or municipality affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. An adverse decision of the Board of Public Safety may be appealed by the county or municipality to the superior court with appropriate jurisdiction, but the city or county shall be denied the use of the radar speed detection device until after such appeal is decided by the court. Section 4. Said Act is further amended by adding a new section following section 10 to be designated section 10A, said new section to read as follows: Section 10A. It shall be unlawful for radar speed detection devices to be used in any county or municipality for which a permit authorizing such use has not been issued, or for which a permit authorizing such use has been suspended or revoked and not reissued. It shall be unlawful for any official of such county or municipality to order such radar speed detection devices to be used. It shall also be unlawful for any law enforcement officer of any such county or municipality to use any such radar speed detection devices. Any such official or law enforcement officer violating the aforesaid provisions shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Operating a speed trapmisdemeanor.

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Section 5. Said Act is further amended by striking section 11 thereof in its entirety and substituting in lieu thereof a new section 11 to read as follows: Section 11. At the expiration of six months following the suspension or revocation of a radar speed detection device permit by the Board of Public Safety, or, if no appeal has been taken by the Commissioner or Deputy Commissioner of the Department of Public Safety the governing authority of any such county or municipality may, upon a change of circumstances being shown to the Commissioner, petition the Commissioner for a reconsideration of whether such county or municipality should be permitted to use radar speed detection devices within their respective jurisdiction. 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 23, 1977. COSMETOLOGYLICENSING AND REGISTRATION PROVISIONS CHANGED. No. 345 (Senate Bill No. 46). An Act to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, approved March 11, 1963 (Ga. L. 1963, p. 45), as amended, so as to provide for licensure of certain persons licensed as master cosmetologists in other states; to provide fees for holders of certificates of registration learning the occupation under a cosmetologist; to limit the renewal of such certificates; to provide for the registration of certain persons working in beauty shops and salons; to provide for fees; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 804

Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, approved March 11, 1963 (Ga. L. 1963, p. 45), as amended, is hereby amended by striking the last sentence in section 10 and inserting in lieu thereof a new sentence to read as follows: Should an applicant have a current license of a master cosmetologist in force from another state and have paid to the Joint-Secretary, State Examining Boards, a fee of thirty-five ($35.00) dollars, said applicant shall be issued a certificate of registration entitling him or her to practice the occupation of a master cosmetologist, subject to the terms and provisions of this Act. Section 2. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. Nothing in this Act shall prohibit any person over the age of 16 years from learning said occupation under a cosmetologist, providing said cosmetologist has had at least three years' experience and has for three years held a license of a master cosmetologist, or under an instructor in a beauty school, college or school of cosmetology, who himself has been a journeyman cosmetologist for a period of at least three years and has registered under this Act. Every such person desiring to so learn said occupation shall file with the Joint Secretary, State Examining Boards, a statement in writing showing his or her name and the place of his or her employer or instructor and shall pay to said Secretary a fee of ten ($10.00) dollars, and said applicant shall receive a certificate of registration showing the capacity in which he is permitted to practice said occupation. Said certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the Secretary and the payment of a renewal fee of ten ($10.00) dollars. A certificate of registration authorizing a person to learn the occupation under a cosmetologist shall not be renewed more than one time; and upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice the occupation in any capacity.

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Section 3. Said Act is further amended by adding between section 11 and section 12 a new section to be designated section 11A to read as follows: Section 11A. A beauty shop or salon shall be authorized to employ a person to wash and shampoo hair, provided such person has satisfactory proof that he or she is free from infectious or contagious disease, and provided such person pays a registration fee of five ($5.00) dollars and an annual renewal fee of five ($5.00) dollars. A person employed under this section who is not studying cosmetology under a licensed cosmetologist pursuant to section 11 shall not be considered an apprentice and shall not receive any credit hours for such work. Shampooers. Section 4. 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. All beauty schools, colleges or schools of cosmetology upon opening shall cause to be registered with the Board 20 bona fide students who have not held a student license any time during the 12 months next preceding the date of their paid registration in such beauty school or college of cosmetology, and shall have not less than one instructor for every 20 students or a fraction thereof, and all beauty schools shall keep permanently displayed a sign `Beauty School', `Beauty College' or `School of Cosmetology' as the case may be: Provided, that all cosmetologists, beauty schools, beauty colleges or schools of cosmetology, who shall take an apprentice or student, shall file immediately with the Georgia State Board of Cosmetology through the Joint-Secretary, State Examining Boards, the name and age of such apprentice or student, and the said Board shall cause the same to be entered on a register kept by such secretary for that purpose: Provided, that any person desiring to operate or conduct a beauty school, college or school of cosmetology, upon opening, shall first secure from said Board a permit to do so and shall keep the same prominently displayed in such school or college, and said Board shall have the right to pass upon the qualifications, appointments, course of study and hours of study in said beauty school, college or school of cosmetology; and the said Board shall have the right to revoke the certificate, permit, or license of any such beauty school, college or school of cosmetology, instructor, or teacher therein for the violation of

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any of the provisions of this Act. The Board shall have the same power and authority as to rules, regulations and inspection as to sanitary conditions over beauty schools, colleges or schools of cosmetology as it has over beauty shops and beauty salons. All such signs above referred to shall also display the words `Service by Students Only'. Where service is rendered by students, no commissions or premiums shall be paid to such student for work done in said schools or colleges, nor shall any person be employed by such schools or colleges to render professional service to the public, and all teachers or instructors shall devote their entire time to instruction of students: Provided, further, that any person desiring to teach or instruct in any beauty school, college or school of cosmetology shall first file his or her application with the Joint-Secretary, State Examining Boards, to the Georgia State Board of Cosmetology for examination and shall pay to the Joint-Secretary of the Examining Boards, together with his or her application, the sum of thirty-five ($35.00) dollars as examination fee and, upon said examination, shall satisfy the Board that he or she holds a current master's license and also holds a diploma or certificate of 1500 hours from a recognized school, be a high school graduate and have one year's instructor training in a registered beauty school and pass an examination satisfactory to said Board: Provided, further, that any teacher or instructor shall renew his or her license biennially by remitting with application a renewal fee of $50.00: Provided, further, that any teacher or instructor who fails to renew his or her master's license as a cosmetologist biennially on or before the 31st day of December, his or her license to teach or instruct shall be automatically revoked. A person failing to renew his or her teacher's license within two years after expiration shall be required to qualify under this Act for an examination for teacher's license. All beauty schools, colleges and schools of cosmetology are required to keep in a conspicuous place in such schools or colleges a copy of the rules and regulations adopted by the Georgia State Board of Cosmetology. Beauty Schools. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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MOTOR VEHICLESMISDEMEANOR TO MISREPRESENT INSURANCE OR FAIL TO REPORT CANCELLATION THEREOF. No. 346 (Senate Bill No. 52). 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 proof of insurance; to make it unlawful to make a false certification as to whether a motor vehicle is insured; to provide penalties; to provide for fees and suspension of a motor vehicle operator's license and motor vehicle license tag in certain cases involving cancellation of the owner's insurance; to provide for the suspension of a motor vehicle operator's license and motor vehicle license tag 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; to provide effective dates for periods of suspension of licenses and tags; to provide for other matters relative thereto; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 section 12 in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. Proof of insurance. (a) (1) From and after July 1, 1977, no motor vehicle shall be licensed by the State of Georgia until the owner has furnished proof in the form hereinafter provided to the licensing authorities that there is in effect the minimum insurance coverage required by this Act, or that there is in effect an approved self-insurance plan. The Commissioner of Public Safety shall prescribe by rules and regulations the necessary information which shall be required to be furnished in order to satisfy the provisions of this subsection; however, such information as pertains to the minimum insurance

Page 808

coverage shall contain the certificate of the applicant that minimum insurance is in force and the premium has been paid, in full, or said premium is being paid on an installment basis. The insurer, within five (5) days after the effective date of a permitted cancellation of such coverage, shall notify the Department of Public Safety in writing of the cancellation. Proof of insurance required. (2) Any person knowingly making a false certification under this section shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $1,000.00, or imprisonment for not more than 90 days. Upon receipt of notification of such conviction, the Department of Public Safety shall suspend the motor vehicle operator's license and the motor vehicle license tag issued to such motor vehicle for a period of 60 days, and thereafter until proof of compliance with the provisions of this Act has been filed and a restoration fee of $25.00 has been paid to the Department. Misdemeanor to misrepresent. (b) In cases in which the minimum insurance required by this Act is cancelled by the insurer, upon receipt of notification of such cancellation the Department of Public Safety shall send a notice to the owner of such motor vehicle that the Department has been informed of the fact of such cancellation. Upon receipt of such notice from the Department of Public Safety, it shall be the duty of the owner of such motor vehicle, on such form provided by the Department of Public Safety, to notify the Department as to whether he has obtained the minimum coverage required by this Act, indicating the insurance company with which any coverage has been obtained and the policy number or binder number and the certificate required by the Department of Public Safety. Such information shall be furnished to the Department of Public Safety within 15 days of the date on which such notification was mailed by the Department. Such forms shall contain such additional information as may be required by the Department of Public Safety. If such information is not received by the Department of Public Safety within the specified time period or if no minimum insurance coverage has been obtained, the Department shall suspend the motor vehicle operator's license of the owner and the motor vehicle license tag issued to such motor vehicle, and the Department shall notify the owner of the motor vehicle to forward his motor vehicle operator's license and any motor vehicle license tag issued to such vehicle to the Department

Page 809

of Public Safety. Upon satisfactory proof of compliance with the provisions of this Act, the Commissioner shall return any operator's license and motor vehicle license tag suspended under the provisions of this section to the owner of such motor vehicle; provided, however, that in cases where the operator's license and motor vehicle license tag is suspended, the owner shall be required to submit proof of compliance with the provision's of this Act and the payment of a $10.00 restoration fee to the Department in order to receive his operator's license and motor vehicle license tag; provided, further, that in cases where the operator's license and motor vehicle license tag have been suspended under this subsection for a second or subsequent time during any two-year period, the Department shall suspend the motor vehicle operator's license and the motor vehicle license tag for a period of 60 days, and thereafter until the owner submits proof of compliance with the provisions of this Act and the payment of a $25.00 restoration fee to the Department. Owner's duty upon insurance cancellation. (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 suspend for a period of 60 days the motor vehicle operator's license, and in the case of the owner, the license tag for each vehicle involved, and shall not thereafter reinstate such person's operator's license and license tag until such time as proof of compliance with the provisions of this Act has been filed. If the Department does not have such person's operator's license and license tag, the Department shall notify the person 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. It shall be the duty of the person convicted, on such forms provided by the Department, to notify the Department as to whether he has obtained the minimum insurance coverage required by this Act, indicating the insurance company with which any coverage has been obtained, the policy or binder number, the certificate required by the Department of Public Safety, and such additional information as may be required by the Department. Upon satisfactory proof of compliance with the provisions of this Act and after the 60-day

Page 810

suspension has ended, proof of minimum insurance coverage has been filed, and the payment of a $25.00 restoration fee has been made to the Department, the Commissioner shall return the operator's license and license tag suspended under the provisions of this section to the owner or operator of such motor vehicle. (d) (1) The Department, upon suspending the motor vehicle operator's license or motor vehicle license tag as provided for in this Act, shall require that such license and tag be surrendered to the Department immediately following the effective date of suspension, and it is the duty of any owner or operator, immediately upon receipt of notice from the Department, to forward the operator's license and license tag to the Department. (2) If such motor vehicle operator's license or motor vehicle license tag is not received by the Department of Public Safety within ten days following the effective date of suspension, the Commissioner of the Department of Public Safety shall forthwith direct any member of the Georgia State Patrol or any peace officer to secure possession of such license or tag and return the same to the Commissioner. (3) Unless otherwise provided in this section, notice of the effective date of suspension shall occur when the driver received actual knowledge or legal notice thereof, whichever occurs first. For the purposes of making any determination under this Act relating to the return of a suspended motor vehicle operator's license or motor vehicle license tag, no period of suspension under this Act shall begin until the license and tag are surrendered to the Department of Public Safety or to a court of competent jurisdiction under any provisions of this Act, whichever date shall first occur. If the motor vehicle operator's license or motor vehicle license tag is lost or for any other reason surrender to the Department is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the Department. (4) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle operator's license or motor vehicle license tag.

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(5) Any person violating the provisions of this subsection (d)(1) shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $1,000.00, or imprisonment for not more than 90 days. (e) For the purposes of this section, where any provision of this section requires the Department of Public Safety to give notice to a person affecting such person's motor vehicle operator's license and motor vehicle license tag, the mailing of such notice and the name and address shown on the notice of cancellation supplied by the insurer as required by this section shall be presumptive evidence that such person received the required notice. (f) No rules and regulations promulgated pursuant to the provisions of this Act shall have the force of law unless they are approved by a joint committee composed of three members of the standing committee of the House of Representatives to which such Act was referred to be appointed by the Chairman of such committee and three members of the standing committee of the Senate to which such Act was referred to be appointed by the Chairman of such committee. In order for such rules and regulations to have the force of law, it shall be necessary that not less than four members of the joint committee affirmatively approve such rules and regulations. At least two of such four members must be Senators and at least two of such four members must be Representatives. A report showing the action of the joint committee and signed by all the members approving such rules and regulations shall be filed with the Clerk of the House of Representatives and with the Secretary of the Senate. Such report shall be included in the Journal of the House of Representatives and the Journal of the Senate. Such approved rules and regulations shall expire at the end of the next regular session of the General Assembly following the action of the joint committee unless the report of the committee is ratified by a resolution of the General Assembly at such session. 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,

Page 812

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, 1977. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. JUVENILE COURT JUDGE PRO TEMCONDITIONS OF APPOINTMENT CHANGED. No. 347 (Senate Bill No. 65). An Act to amend Code section 24A-3701, relating to the appointment of a judge pro tempore under the provisions of the Juvenile Court Code, as amended, so as to provide for a redefinition of the conditions under which a judge pro tempore may be appointed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24A-3701, relating to the appointment of a judge pro tempore under the provisions of the Juvenile Court Code, as amended, is hereby amended by striking the words and symbol, in said county,, and substituting in lieu thereof the following: in the judicial circuit in which said court lies, any judge or senior judge of the superior court, or any duly appointed juvenile court judge,

Page 813

so that when so amended Code section 24A-3701 shall read as follows: 24A-3701. Appointment of Judge Pro Tempore. In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any attorney-at-law resident in the judicial circuit in which said court lies, any judge or senior judge of the superior court, or any duly appointed juvenile court judge to serve as judge pro tempore of said juvenile court, and in the event he is absent or unable to make such appointment, the judge of the superior court of that county may so appoint, and such person so appointed shall have the authority to preside in the stead of said disqualified, ill, or absent judge, and shall be paid from the county treasury such emolument as the appointing judge shall prescribe: Provided, however, said emolument shall not exceed the compensation received by the regular juvenile court judge for such services. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. STATE EMPLOYEESCERTAIN PROFESSIONALS EXEMPTED FROM SELF-DEALING PROHIBITION. No. 348 (Senate Bill No. 69). An Act to amend 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), as amended, so as to except chaplains or dentists from such prohibiting provisions under certain circumstances; to continue in effect certain laws and regulations relating to the Merit System of Personnel Administration, Georgia Building Authority and other departments of State government; to repeal conflicting laws; and for other purposes.

Page 814

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), as amended, is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. 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 chaplain employed full-time by the State, or a physician, dentist 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 chaplain or a licensed physician, dentist 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 chaplain or licensed physician, dentist 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.

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(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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. COUNCIL ON AGING CREATED. No. 349 (Senate Bill No. 81). An Act to create a Council on Aging; to provide for the appointment and terms of office of members of the Council; to provide for officers; to provide for rules and procedures; to provide for meetings of the Council; to provide for duties of the Council; to provide for personnel and expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Council on Aging. The Council shall be composed of twenty members, at least ten of whom shall be consumers of services under programs of the State Office of Aging or similar State agencies. The ten consumer

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members shall include low income and minority older persons at least in proportion to their number in the population of the State. The remaining 10 members of the Council shall be representative of major public and private agencies and organizations in the State and shall be experienced in or have demonstrated particular interest in the needs of the elderly. The members of the Council shall be appointed as follows: Four consumer members and four members representing public and private agencies and organizations shall be appointed by the Governor; two consumer members and two members representing public and private agencies and organizations shall be appointed by the President of the Senate; two consumer members and two members representing public and private agencies and organizations shall be appointed by the Speaker of the House; and two consumer members and two members representing public and private agencies and organizations shall be appointed by the Commissioner of Human Resources. Each member's term shall be for two years and until his successor is appointed and qualified. The members of the Council shall be eligible to succeed themselves. The Council shall elect its own chairman and other officers as it deems necessary. The Council may adopt rules and procedures. The Council shall meet upon the call of its chairman, the Board of Human Resources, or the Commissioner of Human Resources. Section 2. The Council on Aging shall serve in an advisory capacity to the Governor, the General Assembly, the Board of Human Resources, the Department of Human Resources, and all other State agencies in matters relating to the elderly. In particular, the Council shall (1) make recommendations concerning the establishment and maintenance of an adequate program for the elderly in Georgia. (2) recommend standards for services for the elderly. (3) aid the Georgia Department of Human Resources and other State agencies in coordinating programs for the elderly. (4) establish indices to determine the effectiveness of programs for the aged.

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(5) insure that regular, adequate and accurate reports are submitted by the component parts of aging programs to the Council on Aging. (6) publish regular reports of the Council's activities and the adequacy of State programs for the aged. (7) establish liaison with area agency councils on aging. Section 3. The Council shall be provided with staff personnel, office facilities and other necessary items by the Department of Human Resources. Each member of the Council shall be reimbursed for actual expenses incurred in the performance of his duties from funds available to the Department of Human Resources. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. CODE OF PUBLIC TRANSPORTATIONMASS TRANSIT PROVISIONS ADDED. No. 350 (Senate Bill No. 97). 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, so as to delete therefrom section 95A-206 in its entirety; to add a new chapter, entitled Chapter 13 Mass Transportation, to the Georgia Code of Public Transportation; to authorize the Department of Transportation to establish and administer financial assistance and project grant programs for the betterment of mass transportation systems and facilities throughout the State; to provide for definitions in connection therewith; to provide for State financial assistance and project grants to municipalities, counties, area planning and development commissions, authorities, State agencies, and public and private mass transportation operators; to provide for procedures and conditions in connection therewith; to

Page 818

authorize the Department of Transportation to participate in mass transit programs; to provide for definitions in connection therewith; to authorize the Department of Transportation to, alone or in cooperation with counties, municipalities, authorities, State agencies, or private or public transit companies, plan, develop, supervise, support, own, lease, maintain and operate mass transportation facilities; to authorize the Department of Transportation to assist the operators of mass transportation systems, or the owners of facilities used in connection therewith, for the payment of operating expenses; to authorize the Department of Transportation to participate in the acquisition, construction and improvement of facilities and equipment for use in mass transportation service; to provide for procedures and conditions in connection therewith; to restrict the department's authority to receive Federal funding for certain activities which would duplicate those carried out by Metropolitan Atlanta Rapid Transit Authority; to authorize the Department of Transportation to provide financial assistance to private nonprofit corporations and associations to assist them in providing transportation services to the elderly and handicapped; to provide for procedures and conditions in connection therewith; to authorize the Department of Transportation to designate lanes on roads in the State Highway System for the exclusive or preferential use of buses, passenger vehicles occupied by two persons or more or as designated by the Department or passenger vehicles; to prohibit the use of restricted lanes by drivers of vehicles other than those designated; to authorize the Department of Transportation to promulgate rules and regulations; 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, is hereby amended by deleting therefrom in its entirety section 95A-206, entitled Department Financial Assistance for Mass Transportation, which was added to the Georgia Code of Public Transportation by an Act approved March 28, 1974 (Ga. L. 1974, p. 1422).

Page 819

Section 2. Said Act is further amended by adding thereto, following section 95A-1272, a new chapter, entitled Chapter 13 Mass Transportation, which shall read as follows: CHAPTER 13. MASS TRANSPORTATION 95A-1301 Department assistance for mass transportation facilities (a) Definitions The following terms, whenever used or referred to in this section, shall have the following meanings, except in those instances where the context clearly indicates a different meaning: (1) `Mass transportation' shall include all modes of transportation which are appropriate, in the judgment of the department, to transport people, commodities or freight by highways, rail, air, water or other conveyance, exclusive of wires and pipelines, serving the general public. (2) `Mass transportation facilities' means everything necessary for the conveyance and convenience of passengers and the safety and prompt transportation of freight on those modes of transportation which are appropriate, in the judgment of the department, to transport people, commodities or freight by highways, rail, air, water or other conveyance, exclusive of wires and pipelines, serving the general public. (3) `Project grant' means the State's share of cost of carrying out a particular project authorized by this section. This share may be provided in direct financial support, goods or products, personnel services or any combination thereof. (b) Purposes of assistance by department Subject to general fund appropriations for such purposes, and any provisions of Chapter 95A-7 to the contrary notwithstanding, the department is hereby authorized within the limitations hereinafter provided, to provide to municipalities, counties, area planning and development commissions,

Page 820

authorities, State agencies and public and private mass transportation operators: (i) Financial support for research by contract, or otherwise concerning mass transportation. (ii) Project grants to supplement Federal, local or Federal and local funds for use: (A) For the purpose of studies, analysis, planning and development of programs for mass transportation service and facilities; (B) to provide for research, development and demonstration projects in all phases of mass transportation; (C) to provide for programs designed solely to advertise, promote and stimulate the development and use of mass transportation facilities; and (D) to provide for the purchase of facilities and equipment, including rolling stock, used or to be used for the purpose of mass transportation. (c) Procedures for application for financial support and project grants; condition; review of application (1) The governing bodies of municipalities, counties, area planning and development commissions, authorities, State agencies and public and private mass transportation operators may, by formal resolution, apply to the department for financial support and project grants provided by this section. (2) The use of funds or grants shall be for the purposes set forth in this section, and without limiting the generality of the foregoing, may be used for local contributions required by the Federal `Urban Mass Transportation Act of 1964', as amended, or any other Federal law concerning mass transportation. (3) The department shall review the proposal and, if satisfied that the proposal is in accordance with the purposes of this section may, with the approval of the Commissioner, enter

Page 821

into a financial support or project grant agreement subject to the condition that the financial support or project grant be used in accordance with the terms of the proposal. (4) The time of payment of the financial support or project grant and any conditions concerning such payment shall be set forth in the financial support or project grant agreement. (d) Rules and regulations In order to effectuate and enforce the provisions of this section, the department is authorized to promulgate necessary rules and regulations and prescribe conditions and procedures in order to assure compliance in carrying out the purposes for which financial support and project grants may be made hereunder. (e) Intergovernmental cooperation The department is directed to administer this program with such flexibility as to permit full cooperation between Federal, State and local governments, agencies and instrumentalities, so as to result in an effective and economical program. (f) Prohibition against use of motor fuel tax funds Funds appropriated to the department pursuant to Article III, Section X, Paragraph VII (b) of the Georgia Constitution of 1976 may not be utilized for any of the purposes set out in this section. (g) Board approval No financial support or project grant provided for in this section may be made to any private mass transportation operator without prior concurrence of the State Transportation Board. 95A-1302 Mass Transit Program (a) As used in this section, the following terms shall have the meaning prescribed to them herein, unless the context clearly indicates a different meaning:

Page 822

(1) `Construction' means the supervising, inspecting, actual building and all expenses incidental to the acquisition, actual building or reconstruction of facilities and equipment for use in mass transportation, including designing, engineering, locating, surveying, mapping and acquisition of rights of way. (2) `Mass Transportation' shall include all modes of transportation which are appropriate, in the judgment of the department, to transport people, commodities or freight by highways, rail, air, water or other conveyance, exclusive of wires and pipelines, serving the general public. (b) Subject to general appropriations for such purposes, the department may, alone or in cooperation with counties, municipalities, authorities, State agencies, or private or public transit companies, plan, develop, supervise, support, own, lease, maintain and operate mass transportation facilities or systems. (c) (1) The department may, when funds are available from the United States of America for such purposes, provide assistance to the operators of mass transportation systems, or the owners of facilities used in connection therewith, for the payment of operating expenses to improve or to continue such mass transportation service, by operation, lease, contract or otherwise. (2) The department may, when funds are available from the United States of America for such purposes, participate in the acquisition, construction and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation service. (3) The department's participation with State funds in those programs specified in sections (c) (1) and (2) hereof may be either in cash, products or in-kind services. The department's participation with State funds shall be limited to a maximum of 10% of the cost of the program. The remainder shall be provided from sources other than department funds or revenues from the operation of public mass transportation systems. (d) The department shall not enter into any contract with any private entity for the purposes set out in subsections (b) and (c) of this section without the prior concurrence of the State Transportation Board.

Page 823

(e) Funds appropriated to the department pursuant to Article III, Section X, Paragraph VII (b) of the Georgia Constitution of 1976 may not be utilized for any of the purposes set out in this section. (f) In order to effectuate and enforce the provisions of this section, the department is authorized to promulgate necessary rules and regulations and prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this section. (g) The department shall not be authorized, without the concurrence of the Metropolitan Atlanta Rapid Transit Authority, to receive Federal financial assistance to provide mass transportation services or facilities that will duplicate those mass transportation services or facilities provided or to be provided by the Metropolitan Atlanta Rapid Transit Authority, within the City of Atlanta and Fulton and DeKalb counties, as a part of its rapid transit system, including the use of buses as well as a rail system, as that system is described in an Engineering Report, dated September 1971, prepared for the Metropolitan Atlanta Rapid Transit Authority by Parsons-Brinckerhoff-Tudor-Bechtel, General Engineering Consultants, and adopted as part of the Rapid Transit Contract and Assistance Agreement, dated September 1, 1971, between the Metropolitan Atlanta Rapid Transit Authority, the City of Atlanta, Fulton County, Georgia, and DeKalb County, Georgia. 95A-1303 Aid to elderly and handicapped through private nonprofit corporations and associations (a) The department may when funds are available from the United States of America for such purposes, provide financial assistance with such funds or such funds and State general funds appropriated for these purposes to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of elderly or handicapped persons, or both, for whom the department determines that the mass transportation services planned, designed and carried out by local public bodies, agencies and authorities are unavailable, insufficient or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements

Page 824

and restrictions as the department determines to be necessary or appropriate in order to carry out the purposes of this section. (b) No financial assistance shall be provided pursuant to this section without the prior concurrence of the State Transportation Board. (c) In order to effectuate and enforce the provisions of this section, the department is authorized to promulgate necessary rules and regulations and prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this section. (d) Funds appropriated to the department pursuant to Article III, Section X, Paragraph VII (b) of the Georgia Constitution of 1976 may not be utilized for any of the purposes set out in this section. 95A-1304 Exclusive use traffic lanes (a) The department is authorized to designate travel lanes in each direction of travel on any road in the State Highway System for the exclusive or preferential use of buses, of passenger vehicles occupied by two persons or more or as designated by the department or of passenger vehicles. Where such designation has been made, the road shall be clearly signed to inform the traveling public of the restrictions imposed. (b) No driver of any vehicle not authorized to be operated in a lane designated and signed for exclusive use shall operate his vehicle in such lane except to execute turning movements or in an emergency situation. (c) No traffic lane shall be designated and signed for exclusive use pursuant to subsection (a) of this section without the approval of the State Transportation Board. (d) The department is authorized to promulgate necessary rules and regulations in order to carry out the purposes of this section.

Page 825

Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. TEACHERS' RETIREMENT SYSTEMPROVISIONS CHANGED. No. 351 (Senate Bill No. 101). An Act to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change certain provisions relative to interest; to change the provisions relative to local retirement systems; 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 establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking the first paragraph of subsection (4) of section 3 in its entirety and substituting in lieu thereof a new paragraph to read as follows: The membership of any member shall terminate if he dies, retires under this retirement system or withdraws his contributions, or if in a period of five consecutive years after becoming a member, he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement fund unless he has 10 or more years of creditable service with this retirement system and elects to continue his membership with this retirement system as provided in this subsection. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than four years but not more than five years, such member may be

Page 826

reinstated to membership if he shall pay a sum equal to 12 percent of his salary for his last year of service prior to the break in service. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than five years but not more than six years, such member may be reinstated to membership if he shall pay a sum equal to 25 percent of his salary for his last year of service prior to the break in service. All interest credits shall cease after any such break in service, but shall begin again on the date of the payment of the sum provided above. Any member having withdrawn his contributions not more than twice after January 1, 1961, may, after five years' active service as a contributing member, reestablish such membership service as represented by the withdrawn contributions upon his payment back into the fund, a sum equal to the amount withdrawn plus applicable accrued regular interest for each year or portion thereof from the time withdrawn. Notwithstanding the foregoing, the Board of Trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved by the Board of Trustees, or if he would cease to be a member by reason of illness preventing him from rendering the service otherwise required by this subsection. The Board of Trustees may also grant an additional year of leave to a teacher for each child born to or adopted by said teacher while on authorized leave. Section 2. Said Act is further amended by striking from the last sentence of subsection (2) of section 4 the following: three and one-half (3%) per cent, wherever the same appears and inserting in lieu thereof the following: applicable accrued regular, so that when so amended subsection (2) of section 4 shall read as follows: (2) Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher at any time during the calendar year 1943, or in lieu of having taught in 1943, teaches two out of three years between January 1, 1940, and January 1, 1943, or has taught two years from January 1,

Page 827

1945, to January 1, 1948, or has taught one year between January 1, 1945, and January 1, 1948, and has fifteen years' service previous to January 1, 1948, shall file a detailed statement of all services as a teacher rendered by him prior to January 1, 1945, for which he claims credit. In the event any person who would otherwise have qualified under this subsection shall be on leave in the armed forces of the United States, any such person shall have until six months after termination of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the Board of Trustees shall issue a prior service certificate certifying to the members the period of service prior to January 1, 1945, with which he is credited on the basis of his statement of service, and certifying the amount of his `prior service accumulations' as defined in subsection (3) of this section 4. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that a member may within one year from the date of issuance or modification of such certificate, request the Board of Trustees to modify or correct his prior service certificate. When membership ceases such prior service certificate shall become void. Any member who is unable to qualify for prior service under the provisions heretofore set forth may qualify for such prior service he has rendered in the public schools or University System of Georgia after he has been a contributing member for five years and upon compliance with other provisions prescribed by this Act. Those teachers having signed nonelection cards expressing their desire not to become members, but who now wish to do so, may receive credit for prior service (service prior to January 1, 1945), upon making contributions of five (5%) percent for the years between January 1, 1945, and the time they shall have become contributing members, plus applicable accrued regular interest, based on salary earned during such years, provided that for all such prior service after July 1, 1961, contributions shall be at the rate of six (6%) percent, plus applicable accrued regular interest compounded annually to date of payment. Section 3. Said Act is further amended by striking from the fourth sentence of subsection (5-A) of section 4 the following: 3% compounded annually, and inserting in lieu thereof the following:

Page 828

the applicable accrued regular interest, so that when so amended subsection (5-A) of section 4 shall read as follows: (5-A) Any teacher who is an active member of the Teachers' Retirement System shall be entitled to receive credit for teaching service in other state school systems, State-supported independent school systems or American dependents' schools, up to a maximum of ten years. After having established credit for five years of membership service in the public schools or University System of Georgia, a teacher may establish and receive credit for one complete year of out-of-state service, including service with American dependents' schools, for each additional year of Georgia membership service established with the system with a maximum of ten years of out-of-state or dependents' school service credit allowed. A teacher desiring to establish credit for out-of-state service or service with American dependents' schools must pay, prior to the date he retires with the retirement system, employee contributions and employer contributions which would have been paid to the retirement system on salary comparable to his out-of-state teaching salary plus the applicable rate of interest in accordance with regulations adopted by the Board of Trustees. The rate of member contributions shall be 5%, the rate of employer contributions 6.83%, and the rate of interest thereon shall be the applicable accrued regular interest for all out-of-state service rendered prior to January 1, 1945: Provided, that no member who receives or who is entitled to receive a pension or annuity from any other state, county, or municipality shall receive out-of-state prior service credit or membership service credit as set forth above. The Board of Trustees shall promulgate rules and regulations to carry out the provisions of this Act. Any provisions of this subsection to the contrary notwithstanding, teachers who became members of the Teachers' Retirement System prior to April 1, 1966, shall be permitted to establish credit for a maximum of ten years of service in other state school systems that permit retirement credit for teaching service rendered in Georgia public schools by paying eight per centum of such out-of-state compensation that they received, plus applicable accumulated interest in accordance

Page 829

with regulations adopted by the Board of Trustees, and such members may establish credit for a year of out-of-state service for each year of Georgia membership service rendered after the first five years of membership service. Section 4. Said Act is further amended by striking from subparagraph (ii) of paragraph (a) of subsection (6) of section 4 the following: 3 percent, wherever the same appears and inserting in lieu thereof the following: applicable accrued regular, so that when so amended subparagraph (ii) of paragraph (a) of subsection (6) of section 4 shall read as follows: (ii) membership service credit shall be awarded for any period of active military service performed after January 1, 1945, provided said person shall pay the regular employee contribution of 5 percent on the compensation last paid to him as a teacher before entering military service or 5 percent on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus applicable accrued regular interest on said employee contributions, compounded annually to date of payment, for any period of active military service between January 1, 1945, and July 1, 1961, and at the rate of 6 percent on the compensation last paid to him as a teacher before entering military service or 6 percent on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus applicable accrued regular interest on said employee contributions, compounded annually to date of payment, for any period of active military service subsequent to July 1, 1961. Section 5. Said Act is further amended by striking from subsection (10) of section 5 the following: accrued interest at the rate of three and one-half (3%) percent compounded annually,

Page 830

and inserting in lieu thereof the following: applicable accrued regular interest, so that when so amended subsection (10) of section 5 shall read as follows: (10) Any other provisions of this Act to the contrary notwithstanding, the right of the service retirement benefit under the provisions of this Act shall vest in a member who withdraws from service prior to attaining age sixty, providing said member shall have completed at least ten years of creditable service and has not withdrawn his contributions. Said member shall, upon filing an application as provided in this Act, become entitled to service retirement benefit upon his attainment of the age of sixty or at his option at any date subsequent thereto. The service retirement benefit of any such member shall be as set forth in the Act based on the total credits accrued at the date of his withdrawal from service, or if such member should die before filing such application, the maximum benefits payable shall be limited to the member's accumulated contributions at the time of his withdrawal from service, and nothing in this Act shall be construed as providing for any benefits prior to attaining age sixty other than a return of the contributions in case of death. Any other provisions of this Act to the contrary notwithstanding, the provisions of this subsection shall inure retroactively to the benefit of all members who completed at least twenty years creditable service prior to January 1, 1954, and who have not withdrawn their contributions. In case a member returns to active service in the public schools or University System of Georgia for one year or more prior to age sixty (60), he may reestablish such credits that he had at the time he withdrew from active service and such credits in which the member had a vested right to a service retirement benefit under this subsection, by paying a fee of twenty-five (25%) percent of his last annual salary prior to freezing his credits or the applicable accrued regular interest on his annuity account from the date of freezing to date of payment, whichever is greater. Section 6. Said Act is further amended by striking the word Teachers where it appears at the beginning of subsection (1) of section 9 and inserting in lieu thereof the following:

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Except as otherwise provided by subsection (4) of section 3 of this Act, teachers, so that when so amended subsection (1) of section 9 shall read as follows: (1) Except as otherwise provided by subsection (4) of section 3 of this Act, teachers in the service of an employer operating a local retirement fund shall not be members of the retirement system established in this Act and such teachers shall make no contributions to this retirement system and shall be eligible for pension benefits under this retirement system only as provided in this section 9. If such a teacher retires under the provisions of his local retirement fund and if at the time of his retirement he would have been eligible for service retirement under the provisions of this retirement system had he been a member, the Board of Trustees shall pay from this system to the managing board of the local retirement fund a pension equal to the pension for membership service which would have been payable under this system in respect of the part of his earnable compensation payable from State funds if such member had been classified as a member of this system immediately prior to the time of his retirement; and, if, as hereafter provided, he has a prior service certificate in full force and effect, the Board shall also pay the pension that would have been payable on account of the prior service accumulations certified thereon; provided that the excess of any such pension payable under this system over the retirement income provided by the local retirement fund by contributions of the employer, shall be payable to the retired teacher, and not to the local retirement fund. It shall be the duty of the employers operating local retirement funds to report to the Board of Trustees annually or at such other intervals as shall be set by the Board, the earnable compensation paid from State funds of each teacher in their employ paid from State funds and such other information as may be needed for establishing the prospective benefit of the member. Section 7. Said Act is further amended by striking from the beginning of subsection (2) of section 9 the following: Within ninety days prior to January 1, 1944, each,

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and inserting in lieu thereof the following: Each, and by inserting in the second sentence of said subsection (2) between the word, System and the word, enter the following: , with the exception of those members who elect to continue their membership with this retirement system as provided for in subsection (4) of section 3 of this Act,, so that when so amended subsection (2) of section 9 shall read as follows. (2) Each employer having a local retirement fund shall report to the Board of Trustees a complete list of all teachers in his employ, giving for each such teacher the date of birth, years of service, and salary, showing the amount of such salary which is paid from State funds and such other information as shall be needed by the Board of Trustees in order to establish for each teacher a prior service credit on account of the salary of such teacher paid from State funds, and such Board of Trustees shall then issue to such teacher a prior service certificate which shall continue in force so long as such teacher remains in the employ of such employer, or in the service of an employer not having a local retirement fund, without a break in service which would have resulted in the cancelling of such certificate had the teacher been a member of such system. Should a member of the System, with the exception of those members who elect to continue their membership with this retirement system as provided for in subsection (4) of section 3 of this Act, enter the employ of an employer operating a local retirement fund, he shall cease to contribute to this retirement system and become subject to the provisions of the local retirement fund but he shall not lose his previous accrued credits in the State Retirement System so long as he continues in the service of such employer, and he shall accrue additional credits on such part of his salary as is paid from State funds. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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CAVE PROTECTION ACT OF 1977. No. 352 (Senate Bill No. 103). An Act to provide for the protection of caves; to provide a short title; to make certain findings and declaration of policy; to provide for definitions; to prohibit certain acts of vandalism; to prohibit the sale of speleothems without permission; to prohibit pollution of caves; to prohibit removal, killing, disturbing or harming wildlife; to provide for the liability of owners and agents; 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 Cave Protection Act of 1977. Section 2. Findings. The State of Georgia hereby finds that caves are uncommon geologic phenomena, and that the minerals deposited therein may be rare and occur in unique forms of great beauty which are irreplaceable if destroyed. It is also found that the wildlife which have evolved to live in caves are unusual and of limited numbers, and many are rare and endangered species, and that caves are a natural conduit for groundwater flow and are highly subject to water pollution, which has far-reaching effects transcending man's property boundaries. It is therefore declared to be the policy of this State and the intent of this Act to protect these unique natural resources. Section 3. Definitions. Unless the context in which used clearly requires a different meaning, as used in this Act (a) cave means any naturally occurring subterranean cavity, including, but not restricted to, a cavern, pit, pothole, natural well, sinkhole and grotto; (b) commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry;

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(c) gate means any structure or device located so as to limit or prohibit access or entry to a cave; (d) owner means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land, and specifically includes the State and any of its agencies, departments, boards, bureaus, commissions or authorities, as well as counties, municipalities and other political subdivisions of the State; (e) sinkhole means a closed topographic depression or basin, generally draining underground, including, but not restricted to, a doline, limesink or sink; (f) speleothem means a natural mineral formation or deposit occurring in a cave, including, but not restricted to, stalagmites, stalactites, helectites, anthodites, gypsum flowers, gypsum needles, angel's hair, soda straws, draperies, bacon, cave pearls, popcorn (coral), rimstone dams, columns, palettes, and flowstone. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite and other similar minerals; (g) wildlife means any vertebrate or invertebrate animal life indigenous to this State or any species introduced or specified by the Board of Natural Resources and includes, but is not restricted to, quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks, or any part thereof. Section 4. Vandalism Unlawful. (a) It shall be unlawful for any person, without the express prior written permission of the owner, to willfully or knowingly (1) break, break off, crack, carve upon, write upon, burn or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar or harm the surfaces of any cave or any natural material therein, including speleothems; (2) disturb or alter in any manner the natural condition of any cave; (3) break, force, tamper with or otherwise disturb a lock, gate, door or other obstruction designed to control or prevent access

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to any cave, even though entrance thereto may not be gained. (b) Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law. Section 5. Sale of Speleothems Unlawful. It shall be unlawful to sell or offer for sale any speleothems in this State or to export them for sale outside this State without the express written permission of the owner of the cave from which such speleothems were obtained. A person violating any provision of this section shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law. Section 6. Pollution and Littering Unlawful. It shall be unlawful to store in caves or sinkholes any chemicals and other materials which may be detrimental or hazardous to caves or sinkholes, to the mineral deposits therein, to the wildlife inhabiting caves, to the waters of the State, or to the persons using such phenomenon for any purposes. It shall also be unlawful to dump, litter, dispose of or otherwise place any refuse, garbage, dead animals, sewage, trash, or other such similar waste materials in any quantity in any cave or sinkhole. A person who shall violate any provision of this section shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law. Section 7. Wildlife. It shall be unlawful to remove, kill, harm or disturb any wildlife found within any cave; provided, however, that nothing contained in this section shall be construed to repeal section 32 of 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, pp. 497, 515), relating to scientific collectors' permits or any rules or regulations promulgated pursuant thereto or any federal or State laws relating to the protection of certain plants or animals. A person violating any provision of this section shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law.

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Section 8. Liability of Owners and Agents. (a) Neither the owner of a cave nor his authorized agents, officers, employees or designated representatives acting within the scope of their authority shall be liable for injuries sustained by any person using said cave for recreational or scientific purposes if the prior consent of the owner has been obtained and if no charge has been made for the use of such features and notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made. (b) Neither the owner of a commercial cave nor his authorized agents, officers, employees or designated representatives acting within the scope of their authority shall be liable for an injury sustained by a spectator who has paid to view the cave, unless such injury is sustained as a result of such owner's negligence in connection with the providing and maintaining of trails, stairs, electrical wires or other modifications, and such negligence shall be the proximate cause of the injury. (c) Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the State or any of its boards, departments, bureaus or agencies. Section 9. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 10. General Repealer. All laws and parts of laws in conflict with this Act are specifically repealed, but nothing herein shall be construed to repeal any of the laws of this State relating to criminal trespass or criminal damage to property. Approved March 23, 1977.

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GWINNETT JUDICIAL CIRCUITADDITIONAL JUDGE AUTHORIZED. No 353 (Senate Bill No. 104). An Act to add one additional judge of the superior courts of the Gwinnett Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to require each candidate for such judgeship to designate the place for which he is running; to provide for the manner of empaneling jurors; to provide for an additional court reporter for the said circuit; to authorize the governing authority of the county which comprises the Gwinnett 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, one additional judge of the superior courts for the Gwinnett Judicial Circuit of Georgia is hereby added, thereby increasing to three the number of judges of the superior courts for said circuit, effective July 1, 1977. Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning July 1, 1977, and continuing through December 31, 1978, and until his successor is elected and qualified; such judge shall be appointed by the Governor prior to July 1, 1977, 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

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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 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 Gwinnett Judicial Circuit of Georgia shall designate with the State party authority in all State primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed, and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Section 4. The additional judge of the superior courts for the Gwinnett Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Any of the judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. 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 county of such circuit shall be the same as that of the other judges of the superior courts of the Gwinnett Judicial Circuit. The salary supplements heretofore enacted by the county of said circuit for the present judges 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 Gwinnett Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all

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terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges coequal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Section 7. The three judges of the superior courts of the Gwinnett Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The senior judge shall have the right to appoint referees of the juvenile courts of the county comprising said circuit; and, in the event a juvenile court is established in said county within said circuit, as provided by law, the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The three judges of the superior courts of the Gwinnett Judicial Circuit shall have, and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and/or fixing the calendars and order of business in said courts. They may assign to a particular judge the hearing of trials by jury for a term, or the hearing of all other matters not requiring a trial by a jury, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the senior judge as hereinbefore defined shall control. Section 8. The drawing and empaneling of all jurors, whether grand, petit, or special, may be by any one of the judges

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of the superior courts of said circuit, and they, or any one 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 any one of said judges separately, or before all of them at the same time. Section 9. The three judges of the Gwinnett Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Gwinnett Judicial Circuit may bear teste in the name of any judge of said Gwinnett Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause therein and perform any official act as judge thereof. Section 11. Upon request of any judge of the circuit, the governing authority of the county comprising the Gwinnett Judicial Circuit is hereby authorized to furnish the judges of said court with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such. Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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TEACHERS' RETIREMENT SYSTEMOPTIONS UPON DIVORCE, ETC. No. 354 (Senate Bill No. 109). An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide that certain retired members may elect, after divorce, to revoke his or her previously exercised election for an optional retirement allowance; 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 establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by redesignating the text of subsection (8) of section 5 thereof as paragraph (a) of subsection (8), and adding a new paragraph to subsection (8), to be designated paragraph (b), to read as follows: (b) Whenever any member has elected to convert to an optional allowance under the provisions of this subsection and has nominated his or her spouse to receive all amounts and benefits payable on or after his or her death as a result of such election, the member may revoke the election at any time after the entry of a final judgment of complete divorce from the spouse so nominated. Upon any such revocation, the member may elect to return to the retirement allowance otherwise payable to him or to elect to convert the retirement allowance otherwise payable to him into a modified retirement allowance of equal actuarial value as of the time of the election in accordance with one of the optional forms named in subsection (a). The Board of Trustees shall promulgate rules and regulations to carry out the provisions of this subsection., so that when so amended subsection (8) of section 5 shall read as follows: Optional Allowances. (8) (a) Until the first payment of any member's retirement allowance becomes normally due, he may

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elect to convert the retirement allowance, otherwise payable to him, into a modified retirement allowance of equivalent actuarial value in accordance with one of the optional forms named below; provided, however, that if he dies within thirty days after retirement, his optional election shall not be effective, and he shall be considered to be a member in actual service at the time of his death. Option 1. A reduced retirement allowance payable during the life of the retired member, with the provision that if he dies before he has received in payments of his annuity the amount of his accumulated contributions at the time of his retirement, the balance of such amount shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees, otherwise to the retired member's estate. Option 2. A reduced retirement allowance payable during the life of the retired member, with the provision that after his death the reduced retirement allowance shall be continued throughout the life of and paid to the person nominated by him by written designation duly executed and filed with the Board of Trustees at the time of his retirement. Option 3. A reduced retirement allowance payable during the life of the retired member, with the provision that after his death one half of the reduced retirement allowance shall be continued throughout the life of and paid to the person nominated by him by written designation duly executed and filed with the Board of Trustees at the time of his retirement; or, Option 4. A reduced retirement allowance payable during the life of the retired member, with the provision that upon his death some other benefit shall be payable; provided, that the total value of the retirement allowance payable during his life and the succeeding benefit shall be computed to be of equivalent actuarial value to the retirement allowance which he would receive without optional modification and provided that the benefit shall be approved by the Board of Trustees. (b) Whenever any member has elected to convert to an optional allowance under the provisions of this subsection and has

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nominated his or her spouse to receive all amounts and benefits payable on or after his or her death as a result of such election, the member may revoke the election at any time after the entry of a final judgment of complete divorce from the spouse so nominated. Upon any such revocation, the member may elect to return to the retirement allowance otherwise payable to him or to elect to convert the retirement allowance otherwise payable to him into a modified retirement allowance of equal actuarial value as of the time of the election in accordance with one of the optional forms named in subsection (a). The Board of Trustees shall promulgate rules and regulations to carry out the provisions of this subsection. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. ALCOHOLIC BEVERAGESSALE HOURS IN CERTAIN COUNTIES SET (600,000 OR MORE). No. 355 (Senate Bill No. 126). An Act to provide that in certain counties wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wine is lawfully authorized, such sale for consumption on the premises shall be authorized during certain hours; 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 provisions of any law of this State to the contrary notwithstanding, in all counties of this State having a population of 600,000 or more according to the U. S. Decennial Census of 1970, or any future such census, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized at the discretion of the governing authority of such county, such sales for consumption on the premises shall be authorized at any time from 11:55 P.M. on Saturday and the three (3) hours immediately following such time.

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Section 2. This Act shall become effective upon its approval by the Governor or in otherwise becoming a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. ALCOHOLIC BEVERAGESSUNDAY SALES REGULATED. No. 356 (Senate Bill No. 127). 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, particularly by an Act approved March 10, 1972 (Ga. L. 1972, p. 207), so as to authorize the sale of distilled spirits, malt beverages or wine during certain hours and certain establishments on Sundays in certain counties 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 known as the Revenue Act to legalize and control alcoholic beverages and liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 10, 1972 (Ga. L. 1972, p. 207), is hereby amended by adding at the end of section 28 thereof, as amended, the following: Notwithstanding any other provision of law, it shall be lawful to sell distilled spirits, malt beverages and wine on Sunday between the hours of 12.30 P.M. and 12:00 o'clock midnight in public stadiums, coliseums and auditoriums having a seating capacity in excess of 12,000 persons and in eating establishments as defined herein, in all counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970, or any future such census for the purpose of this

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section, `eating establishment' shall mean an establishment which is licensed to sell distilled spirits, malt beverages or wine, and which derives at least 50% of its total annual gross food and beverage sales from the sale of prepared meals of food Section 2. This Act shall become effective when it is approved by the Governor or otherwise becomes a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. COUNTY TAXESAUTHORIZED PURPOSESDEVELOPMENT OF TRADE ADDED, ETC. No. 357 (Senate Bill No. 152). An Act to amend Code section 92-3701, relating to the purposes for which counties may levy taxes, as amended, so as to provide that county taxes may be levied and collected to provide for financial assistance to county development authorities for the purpose of developing trade, commerce, industry and employment opportunities; 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 92-3701, relating to the purposes for which counties may levy taxes, as amended, is hereby amended by adding a new subsection 20 at the end thereof, to read as follows: 20. To provide for financial assistance to local county development authorities for the purpose of developing trade, commerce, industry and employment opportunities; provided, the tax for such purpose shall not exceed 1 mill per dollar upon the assessed value of the taxable property in the county levying said tax.

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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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. GEORGIA SPECIAL ADULT OFFENDER ACT OF 1975EFFECTIVE DATE CHANGED. No. 358 (Senate Bill No. 165). 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), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p. 1562), 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), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p. 1562), is hereby amended by striking from section 22 of said Act the following: July 1, 1977, and inserting in lieu thereof the following: July 1, 1978, 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, 1978.

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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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. PRISONERSPRODUCTION FOR OUT-OF-STATE PROCEEDINGS REGULATED. No. 359 (Senate Bill No. 166). An Act to amend an Act known as The Uniform Act to Secure the Attendance of Witnesses From Without the State, approved March 31, 1976 (Ga. L. 1976, p. 1366), so as to provide that when a jurisdiction requests that a prisoner confined in a penal institution in this State be required to testify in a criminal proceeding in the requesting jurisdiction, the requesting jurisdiction may be required to perform the physical transfer of the prisoner to and from the requesting jurisdiction, provide proper safeguards on his custody while in transit, and be liable and pay for all expenses incurred in producing and returning the prisoner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Uniform Act to Secure the Attendance of Witnesses From Without the State, approved March 31, 1976 (Ga. L. 1976, p. 1366), is hereby amended by striking sections 4(b) and 4(c) of that Act and by substituting in lieu thereof new sections 4(b) and 4(c) to read as follows: Section 4(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 interest of this State or to the health and 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

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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. The judge, in lieu of directing the person having custody of the witness to produce him in the requesting jurisdiction's court, may direct and require in his order that the requesting jurisdiction shall come to the Georgia penal institution in which the witness is confined to accept custody of the witness for physical transfer to the requesting jurisdiction; that the requesting jurisdiction shall provide proper safeguards on his custody while in transit; that the requesting jurisdiction shall be liable for and shall pay all expenses incurred in producing and returning the witness, including but not limited to, food, lodging, clothing and medical care, and that the requesting jurisdiction shall promptly deliver the witness back to the same or another Georgia penal institution as specified by the Department of Corrections at the conclusion of his testimony. Section 4(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. If the judge directs and requires the requesting jurisdiction to accept custody of the witness at the Georgia penal institution in which the witness is confined and to deliver the witness back to the same or another Georgia penal institution at the conclusion of his testimony, no prepayment of expenses shall be 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.

Page 849

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. Approved March 23, 1977. GEORGIA MEAT INSPECTION ACTRABBITS EXCEPTED IN CERTAIN CASES. No. 360 (Senate Bill No. 195). An Act to amend an Act known as the Georgia Meat Inspection Act, approved April 30, 1969 (Ga. L. 1969, p. 1028), as amended, so as to exempt from the requirements contained therein pertaining to inspection of the slaughter of animals and of the preparation of carcases, parts thereof, and meat and meat products rendered from the slaughter of animals, the slaughter and processing of rabbits by any person who raises rabbits for processing and sale in numbers not to exceed 500 rabbits per year; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Meat Inspection Act, approved April 30, 1969 (Ga. L. 1969, p. 1028), as amended, is hereby amended by striking the period at the end of section 14(a) and inserting a semicolon in lieu thereof, and by inserting thereafter at the end of section 14(a) and before section 14 (b) the following: nor (3) to the slaughtering and processing of rabbits by any person who raises rabbits for slaughter and processing for sale at wholesale and retail in numbers not to exceed 500 rabbits per year. Section 2. Said Act is further emended by striking from section 14 subsection (c) in its entirety, and inserting in lieu thereof a new subsection (c), to read as follows:

Page 850

(c) The slaughter of animals and preparation of articles referred to in paragraphs (a)(2), (a)(3) and (b) of this section shall be conducted in accordance with such sanitary conditions as the Commissioner may by regulations prescribe. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. UNEMPLOYMENT COMPENSATION LAWPROVISIONS CHANGED. No. 361 (Senate Bill No. 202). An Act to amend an Act known as the Unemployment Compensation Law, approved March 29, 1937 (Ga. L. 1937, pp. 806, et seq.), as amended, (now Employment Security Law), so as to provide certain transitional unemployment insurance coverage reimbursable by Federal funds until regular coverage is provided; to provide coverage for certain agricultural workers, for certain domestic workers, and for services performed for State and local government and nonprofit elementary and secondary schools; to provide an option as to method of payment by governmental entities for unemployment insurance coverage; to eliminate Federal sharing of extended benefit payments to former workers of State and local government; to modify trigger provisions in the extended benefits program; to include the Virgin Islands as a State for purposes of this Act, to prohibit payments to illegal aliens and to professional athletes and to individuals employed by educational institutions under specified circumstances; to remove the exclusion from employment of services performed in certain work-relief or work-training under Public Law 93-203; to provide for confidentiality of information received from Internal Revenue Service; to exclude from employment certain categories; to provide requirements for

Page 851

governmental entities to maintain records and file reports and for liability of unemployment payments; to delete references to a rescinded subsection of the Act; to provide for other matters relative to the foregoing; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Unemployment Compensation Law, approved March 29, 1937 (Ga. L. 1937, pp. 806, et seq.), as amended, (now Employment Security Law), is hereby amended by redesignating paragraph (2) of subsection (b) of section 3 as paragraph (3) and by adding a new paragraph (2) of subsection (b) of section 3 to read as follows: (2) With respect to claims filed for unemployment beginning on or after January 1, 1978, and on or before March 31, 1979, wages for insured work shall include wages paid for previously uncovered services. For the purposes of this subsection, the term `previously uncovered services' means services: Section 3 amended. (A) Which were not employment as defined in section 19(h)(1), and were not services covered pursuant to section 8, at any time during the one-year period ending December 31, 1975; and (B) Which: (i) are agricultural labor (as defined in section 19(h)(13)) or domestic service (as defined in section 19(h)(12)), or (ii) are services performed by an employee of this State or a political subdivision thereof, as provided in section 19(h)(8), or by an employee of a nonprofit educational institution which is not an institution of higher education, as provided in section 19(h)(10)(C); except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services.

Page 852

Section 2. Said Act is further amended by striking paragraphs (2) through (5) of subsection (a) of section 3A in their entirety and substituting in lieu thereof new paragraphs (2) through (5) of subsection (a) of section 3A to read as follows: Section 3A amended. (2) For weeks beginning after December 31, 1976, there is a national `on' indicator for a week if, for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment (seasonally adjusted) for all states equaled or exceeded 4.5 per centum (determined by reference to the average monthly covered employment for the first four of the most recent six calendar quarters ending before the close of such period). (3) For weeks beginning after December 31, 1976, there is a national `off' indicator for a week if, for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment (seasonally adjusted) for all states was less than 4.5 per centum (determined by reference to the average monthly covered employment for the first four of the most recent six calender quarters ending before the close of such period). (4) For weeks beginning after April 2, 1977, there is a State `on' indicator for a week if the rate of insured unemployment under the State law for the period consisting of such week and the immediately preceding twelve weeks: (A) equaled or exceeded 120 per centum of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and (B) equaled or exceeded 4 per centum. (5) For weeks beginning after April 2, 1977, there is a State `off' indicator for a week if, for the period consisting of such week and the immediately preceding twelve weeks, either subparagraph (A) or subparagraph (B) of paragraph (4) of this subsection is not satisfied. Provided, that with respect to benefits for weeks of unemployment beginning after April 2, 1977, the determination of whether there has been a State `on' or `off' indicator beginning or

Page 853

ending any extended benefit period shall be made under paragraphs (4) and (5) as if (i) paragraph (4) did not contain subparagraph (A) thereof, and (ii) the figure `4' contained in subparagraph (B) thereof were `5'; except that, notwithstanding any such provision of this paragraph, any week for which there would otherwise be a State `on' indicator shall continue to be such a week and shall not be determined to be a week for which there is a State `off' indicator. For the purposes of paragraphs (4) and (5), the rate of insured unemployment for any thirteen-week period shall be determined by reference to the average monthly covered employment under State law for the first four of the most recent six calendar quarters ending before the close of such period. Section 3. Said Act is further amended by inserting in section 4A between the designation section 4A and the word Benefits, the following: (a)(1) and by adding at the end of subsection (a) of section 4A, as hereinabove designated, two new paragraphs to be designated paragraphs (2) and (3) and to read as follows: Section 4A amended. (2) Provided, however, that with respect to service performed after December 31, 1977, in an instructional, research, or principal administrative capacity for a public or nonprofit educational institution, benefits shall not be paid based on such services for any week of unemployment commencing during the period between two successive academic years, or during a similar period between two regular but not successive terms, or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if such individual performs such services in the first of such academic years (or terms) and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any public or non-profit educational institution in the second of such academic years or terms, and Provided, that newly redesignated paragraph (1) of subsection (a) of section 4A shall apply with respect to such services prior to January 1, 1978. (3) Provided, further, that with respect to services performed after December 31, 1977, in any other capacity for a public or

Page 854

nonprofit educational institution (other than an institution of higher education as defined in section 19(v)) benefits shall not be paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms. Section 4. Said Act is further amended by adding at the end of section 4A two new subsections to be designated subsections (b) and (c) and to read as follows: (b) Benefits shall not be paid to an individual with a benefit year beginning on January 1, 1978, or after on the basis of any services, substantially all of which consist of participating in professional sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or similar periods) and there is a reasonable assurance that such individual will perform such services in the later of such seasons (or similar periods). (c)(1) Benefits shall not be paid on the basis of services performed by an alien with a benefit year beginning on January 1, 1978, or after, unless such alien is an individual who has been lawfully admitted for permanent residence or otherwise is permanently residing in the United States under color of law (including an alien who is lawfully present in the United States as a result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of the Immigration and Nationality Act). Provided, that any modifications to the provisions of section 3304(a)(14) of the Federal Unemployment Tax Act as provided by Public Law 94-566 which specify other conditions or other effective date than stated herein for the denial of benefits based on services performed by aliens and which modifications are required to be implemented under State law as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, shall be deemed applicable under the provisions of this section.

Page 855

(2) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. (3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence. Section 5. Said Act is further amended by adding at the end of paragraph (2) of subsection (c) of section 7 a new subparagraph to be designated subparagraph (B) to read as follows: Section 7 amended. (B) Effective January 1, 1979, any other provisions of law to the contrary notwithstanding, extended benefits paid that are attributable to service in the employ of any governmental entity as described in section 19(h)(8)(B) shall be financed in their entirety by such governmental entity.. Section 6. Said Act is further amended by striking from paragraph (6) of subsection (b) of section 7A the following: Section 7A amended. in accordance with the provisions of subsection (b) of section 11 of this Act., and by inserting a period after the word review where the same appears immediately preceding said stricken language, so that when so amended paragraph (6) of subsection (b) of section 7A shall read as follows: (6) The Commissioner, in accordance with such regulations as he may prescribe, shall notify each hospital or institution of higher education or nonprofit organization of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determination shall be subject to reconsideration, appeal and review Section 7. Said Act is further amended by adding at the end of subsection (b) of section 7A a new paragraph (7) to read as follows:

Page 856

(7) Provided, however, after December 31, 1977, the provisions of subsection (b) of section 7A and paragraphs (1) through (6) thereof shall also apply to those governmental entities described in section 19(h)(8)(B). Provided further, any extended benefits paid that are attributable to service in the employ of such governmental entity after December 31, 1978, shall be financed in their entirety by such governmental entity. Section 8. Said Act is further amended by striking from paragraph (4) of subsection (c) of section 7A the following: the provisions of subsection (b) of section 11 of this Act, and the decision of the Board of Review shall be subject to the provisions of said subsection., and inserting in lieu thereof the following: regulations as prescribed by the Commissioner. so that when so amended, paragraph (4) of subsection (c) of section 7A shall read as follows: (4) The amount due specified in any bill from the Commissioner shall be conclusive on the organization unless, not later than fifteen days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the Commissioner, setting forth the grounds for such application or appeal. The Commissioner shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be conclusive on the organization unless, not later than fifteen days after the redetermination was mailed to its last known address or otherwise delivered to it, the organization files an appeal to the Board of Review, setting forth the grounds for the appeal. Proceedings on appeal to the Board of Review from the amount of a bill rendered under this subsection or a redetermination of such amount shall be in accordance with regulations as prescribed by the Commissioner. Section 9. Said Act is further amended by adding at the end of subsection (c) of section 7A a new paragraph (6) to read as follows:

Page 857

(6) Provided, however, after December 31, 1977, the provisions of subsection (c) of section 7A and paragraphs (1) through (5) thereof shall also apply to those governmental entities described in section 19(h) (8)(B). Provided further, any extended benefits paid that are attributable to service in the employ of such governmental entity after December 31, 1978, shall be financed in their entirety by such governmental entity. Section 10. Said Act is further amended by adding at the end of subsection (e) of section 7A a new paragraph (3) to read as follows: (3) Provided, any extended benefits paid that are attributable to service in the employ of governmental entities described in section 19(h)(8)(B) after December 31, 1978, shall be financed in their entirety by such governmental entities. Section 11. Said Act is further amended by inserting in subsection (g) of section 11 immediately following said designation (g) the following: (1) and by adding at the end of said subsection (g) a new paragraph (2) to read as follows: (2) It shall be unlawful for any officer, employee, or agent, or former officer, employee, or agent of the Department of Labor to disclose to any person, except as authorized by the Internal Revenue Code of 1954, any return or return information (as defined in 26 USC section 6103(b)) acquired by him or another person under 26 USC section 6103(d). As prescribed in 26 USC section 7213(a), any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. Section 11 amendedConfidentiality. Section 12. Said Act is further amended by adding at the end of subsection (g) of section 19 new paragraphs (12) and (13) to read as follows: Section 19 amended. (12) Any employing unit for which domestic service in employment as defined in subsection (h)(12) of this section is performed after December 31, 1977.

Page 858

(13) Any employing unit for which agricultural labor as defined in subsection (h)(13) of this section is performed after December 31, 1977. Section 13. Said Act is further amended by inserting the subparagraph designation (A) in paragraph (8) of subsection (h) of section 19 between the designation (8) and the word Service and by inserting in said paragraph between the figure 1971 and the word by the following: and prior to January 1, 1978,, and by adding at the end of said paragraph a new subparagraph (B) to read as follows: (B) Service performed after December 31, 1977, in the employ of this State or any of its instrumentalities or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions: Provided, that such service is excluded from `employment' as defined in the Federal Unemployment Tax Act by section 3306(c)(7) of that Act and is not excluded from `employment' under section 19(h)(10)(C) of this Act. Provided further, each of the governmental entities described above shall be individually liable for the payment of contributions or reimbursement for payment of benefits as provided in section 7A and provided further each shall be individually responsible for the filing of the Quarterly Wage Summary Reports as promulgated in regulations by the Commissioner and provided in section 11(g)., so that when so amended paragraph (8) of subsection (h) of section 19 shall read as follows: (8) (A) Service performed after December 31, 1971, and prior to January 1, 1978, by an individual in the employ of this State or any of its instrumentalities (or in the employ of this State and one or more other states or their instrumentalities) for a hospital or institution of higher education located in this State provided that such service is excluded from `employment' as defined in the Federal Unemployment Tax Act solely by reason of section

Page 859

3306(c)(7) of that Act and is not excluded from `employment' under paragraph (10) of this subsection. (B) Service performed after December 31, 1977, in the employ of this State or any of its instrumentalities or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions: Provided, that such service is excluded from `employment' as defined in the Federal Unemployment Tax Act by section 3306(c)(7) of that Act and is not excluded from `employment' under section 19(h)(10)(C) of this Act. Provided further, each of the governmental entities described above shall be individually liable for the payment of contributions or reimbursement for payment of benefits as provided in section 7A and provided further each shall be individually responsible for the filing of the Quarterly Wage Summary Reports as promulgated in regulations by the Commissioner and provided in section 11(g). Section 14. Said Act is further amended by striking subparagraph (C) of paragraph (10) of subsection (h) of section 19 in its entirety and inserting in lieu thereof a new subparagraph (C) to read as follows: (C) prior to January 1, 1978, in the employ of a school which is not an institution of higher education; after December 31, 1977, in the employ of a governmental entity referred to in section 19(h)(8) if such service is performed by an individual in the exercise of duties: (i) as an elected official; (ii) as a member of a legislative body, or a member of the judiciary, of a State or political subdivision; (iii) as a member of the State National Guard or Air National Guard; (iv) in a position which, under or pursuant to the laws of this State, is designated as (I) a major nontenured policymaking or advisory position, or (II) a policymaking position the performance

Page 860

of the duties of which ordinarily does not require more than 8 hours per week; or. Section 15. Said Act is further amended by striking the word or where the same appears at the end of subparagraph (E) of paragraph (10) of subsection (h) of section 19 and inserting in lieu thereof the following: provided that unemployment insurance payments shall not be denied to individuals who are participants under Public Law 93-203 (CETA) based on this subparagraph alone, and provided further, that such unemployment insurance payments shall be reimbursed by Federal funds; or, so that when so amended said subparagraph (E) of paragraph (10) of subsection (h) of section 19 shall read as follows: (E) as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any Federal agency or an agency of a state or political subdivision thereof, by an individual receiving such work relief or work training; provided that unemployment insurance payments shall not be denied to individuals who are participants under Public Law 93-203 (CETA) based on this subparagraph alone, and provided further, that such unemployment insurance payments shall be reimbursed by Federal funds; or. Section 16. Said Act is further amended by striking subparagraph (F) of paragraph (10) of subsection (h) of section 19 in its entirety and inserting in lieu thereof a new subparagraph (F) to read as follows: (F) prior to January 1, 1978, for a hospital in a State prison or other State correctional institution by an inmate of the prison or correctional institution; after December 31, 1977, by an inmate of a custodial or penal institution;. Section 17. Said Act is further amended by redesignating paragraph (12) of subsection (h) of section 19 as paragraph (14) and by adding two new paragraphs to said subsection (h) to be designated paragraphs (12) and (13) and to read as follows:

Page 861

(12) Domestic service after December 31, 1977, in a private home, local college club or local chapter of a college fraternity or sorority performed for a person who paid cash remuneration of $1,000 or more after December 31, 1977, in any calendar quarter to individuals employed in such domestic service in the current calendar year or the preceding calendar year. Domestic service. (13) (A) The term `employment' shall include service performed after December 31, 1977, by an individual in agricultural labor as defined in subparagraph (B) of this subsection when such service is performed for a person who: Definitions. (i) During any calendar quarter in either the current or the preceding calendar year paid remuneration in cash of $20,000 or more to individuals employed in agricultural labor (not taking into account service in agricultural labor performed before January 1, 1980, by an alien admitted to the United States to perform service in agricultural labor pursuant to sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act), or (ii) For some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or preceding calendar year, had in employment 10 or more individuals regardless of whether they were employed at the same moment of time (not taking into account service in agricultural labor performed before January 1, 1980, by an alien admitted to the United States to perform service in agricultural labor pursuant to sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act). (B) On a farm, in the employ of any employing unit, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife; In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, if the major part of such service is performed on a farm;

Page 862

In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Federal Agricultural Marketing Act, as amended, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes; In handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations, or in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market. The provisions of this paragraph shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption. This subsection shall also apply to services performed after December 31, 1971, in the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of service prescribed in this subdivision, but only if such operators produced more than onehalf of the commodity with respect to which such service is performed. As used in this subsection, the term `farm' includes stock, dairy, poultry, fruit, fur-bearing animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. (C) For the purposes of paragraph (13) any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of such crew leader: (i) If such crew leader holds a valid certificate of registration under the Farm Labor Contractor Registration Act of 1963; or substantially all the members of such crew operate or maintain tractors, mechanized harvesting or crop-dusting equipment, or

Page 863

any other mechanized equipment, which is provided by such crew leader; and (ii) If such individual is not an employee of such other person within the meaning of subparagraph (A) of subsection (h)(13). (D) For the purposes of subparagraph (C), in the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of such crew leader under this subparagraph: (i) Such other person and not the crew leader shall be treated as the employer of such individual; and (ii) Such other person shall be treated as having paid cash remuneration to such individual in an amount equal to the amount of cash remuneration paid to such individual by the crew leader (either on his own behalf or on behalf of such other person) for the service in agricultural labor performed for such other person. (E) For the purposes of subparagraph (A), the term `crew leader' means an individual who: (i) Furnishes individuals to perform service in agricultural labor for any other person, (ii) Pays (either on his own behalf or on behalf of such other person) the individuals so furnished by him for the service in agricultural labor performed by them, and (iii) Has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person. Provided however, no owner, part owner or stockholder of a corporation shall be termed as an employee under the provisions of this Act and shall not be included in computing the total number of farm employees. Section 18. Said Act is further amended by striking from the beginning language of subparagraph (A) of paragraph (14), as redesignated, of subsection (h) of section 19 the colon immediately

Page 864

following the word performed and inserting in lieu thereof the following: prior to January 1, 1978:, so that when so amended the beginning language of sub-paragraph (A) of paragraph (14), as redesignated, of subsection (h) of section 19 shall read as follows: Agricultural Labor. The term `agricultural labor' includes all services performed prior to January 1, 1978:. Section 19. Said Act is further amended by striking sub-paragraph (B) of paragraph (14), as redesignated, of subsection (h) of section 19 in its entirety and substituting in lieu thereof a new subparagraph (B) to read as follows: (B) Prior to January 1, 1978, domestic service in a private home, local college club, or local chapter of a college fraternity or sorority. Section 20. Said Act is further amended by striking subsection (l) of section 19 in its entirety and inserting in lieu thereof a new subsection (l) to read as follows: (l) `State' includes, in addition to the States of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. Section 21. 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.

Page 865

Section 22. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except for sections which become effective upon the dates specified therein. Effective date. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. ECONOMIC DEVELOPMENT COUNCILMEMBERSHIP CHANGED. No. 362 (Senate Bill No. 241). An Act to amend an Act creating the Economic Development Council, approved March 31, 1976 (Ga. L. 1976, p. 1098), so as to change the membership of the Council; to change the provisions relative to the appointment and service of members; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Economic Development Council, approved March 31, 1976 (Ga. L. 1976, p. 1098), is here amended by striking section 1, which reads as follows: Section 1. There is hereby created the Economic Development Council, to be composed of 15 members as follows: (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;

Page 866

(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; (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 participating 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. in its entirety, and inserting in lieu thereof a new section 1, to read as follows:

Page 867

Section 1. There is hereby created the Economic Development Council, to be composed of 19 members as follows: (a) the Lieutenant Governor, who shall serve as chairman of the Council; (b) The State Superintendent of Schools or his designee; (c) a representative of the Association County Commissioners of Georgia; (d) a representative of the Georgia Municipal Association; (e) a representative of the Bureau of Industry and Trade of the Department of Community Development; (f) a representative of the Bureau of Community Affairs of the Department of Community Development; (g) a representative of the Engineering Experiment Station of the Georgia Institute of Technology; (h) a representative of the Institute of Community and Area Development of the University of Georgia; (i) a representative of the Georgia Business and Industry Association; (j) a representative of the Georgia State Chamber of Commerce; (k) a representative of the Georgia Industrial Developer's Association; (l) a representative of the Georgia Regional Executive Director's Association; (m) a representative of the Georgia Planning Association; (n) a representative of the Georgia Productivity Center Advisory Committee;

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(o) a representative of the Office of Planning and Budget; (p) a representative of the Georgia Agribusiness Council, Inc.; (q) Georgia Chamber of Commerce Executive Association; (r) one citizen of the State to be appointed by the Governor; (s) one citizen of the State to be appointed by the Lieutenant Governor, who shall serve at the pleasure of the Lieutenant Governor, and (t) one citizen of the State to be appointed by the Speaker of the House of Representatives, who shall serve at the pleasure of the Speaker of the House of Representatives. Except as otherwise provided herein, all members of the Council shall be appointed by the Governor from the nominees submitted to the Governor from each participating organization, and 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. PUBLIC TRANSPORTATION CODEAIRPORT DEVELOPMENT PROVISIONS ADDED. No. 363 (Senate Bill No. 244). 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, so as to require that applications for federal airport development funds be approved by the Department of Transportation prior to submission to the federal government;

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to authorize the Department of Transportation to assist owners and operators of certain airports in securing and using federal airport development funds; to authorize the Department of Transportation to promulgate rules and regulations; 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, is hereby amended by adding thereto a new section, numbered 95A-1306, which shall be inserted in its appropriate numerical order within the Georgia Code of Public Transportation and which shall read as follows: 95A-1306. Airport development. (a) So that the State of Georgia may effectively and responsibly implement its State Airport System Plan, after September 30, 1977, all applications to an agency of the United States for funds to improve or develop an airport not regularly served by an air carrier operating under a Certificate of Public Convenience and Necessity issued by the Civil Aeronautics Board or any successor agency of the United States or owned and operated by the United States shall be submitted to the department for review and comment prior to being submitted to the federal agency. No such application shall be submitted to the federal agency without first having been reviewed and commented on by the department. The department shall act on each application within 90 days after the receipt of the application. Applications submitted to the Federal Aviation Agency prior to the effective date of this section shall not be subject to the provisions of this section. (b) The department is authorized, when requested by the owner or operator of any airport for which federal funds are, or are to be, sought for the improvement or development of the airport, to provide such assistance to the owner or operator of the airport as may be necessary to prepare the application for such funds and to complete the project for which such funds are requested.

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(c) In order to effectuate and enforce the provisions of this section, the department is authorized to promulgate necessary rules and regulations and prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this section. (d) Funds appropriated to the department pursuant to Article III, Section X, Paragraph VII (b) of the Georgia Constitution of 1976 may not be utilized for any of the purposes set out in this section. 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. Approved March 23, 1977. PUBLIC TRANSPORTATION CODEDEPARTMENT OF TRANSPORTATION TO ASSIST RAILROADS. No. 364 (Senate Bill No. 245). An Act to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p. 947), as amended, so as to designate the Department of Transportation as the State agency to offer rail service continuation payments under certain circumstances; to authorize the Department to receive and administer federal financial assistance and to distribute that assistance, alone or together with State, local or private funds, for implementation of rail assistance programs; to provide for cooperation between the Department and the Georgia Public Service Commission in connection with railroad abandonments and rail assistance payments; to provide for conditions and procedures in connection therewith; to authorize the Department to promulgate rules and regulations; to provide for other matters; 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 approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p. 947), as amended, is hereby amended by adding thereto a new section, numbered 95A-1305, which shall be inserted in its appropriate numerical order within the Georgia Code of Public Transportation and which shall read as follows: 95A-1305. Railroad Revitalization. (a) The department is designated as the State agency to offer financial assistance, in the form of a rail service continuation payment to enable rail service, for which the Interstate Commerce Commission has determined a Certificate of Abandonment should be issued, to be continued. (b) The department is authorized to receive and administer federal financial assistance and to distribute, by contract or otherwise, such federal financial assistance, alone or together with State, local or private funds available for such purposes, for the implementation of railroad assistance programs that are designed to provide for: (i) the cost of rail service continuation payments; (ii) the cost of purchasing a line of railroad or other rail properties to maintain existing, or provide for future, rail services; (iii) the cost of rehabilitating and improving rail properties on a line of railroad to the extent necessary to permit adequate and efficient rail service on such line; or (iv) the cost of reducing the cost of lost rail service in a manner less expensive than continuing rail service. Subject to general fund appropriations for these purposes, the department is authorized to expend State funds to the extent necessary to pay the State's share of such payments. (c) The department shall provide to the Georgia Public Service Commission the pertinent information it may possess regarding a proposed abandonment of a railroad line and assist the Georgia Public Service Commission, as required, in developing

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the State's position on the abandonment. The Georgia Public Service Commission shall provide to the department the pertinent information it may possess concerning any railroad line for which abandonment has been requested in order to assist the department in preparing an economic and operational analysis of the line. (d) Should the department decide to implement a railroad assistance program under paragraph (b) (iv) above, the Georgia Public Service Commission will use its best efforts, within the scope of its powers and responsibilities, to assist the department in implementing such a program. (e) The department is authorized to promulgate reasonable rules and regulations for the implementation and administration of this section. (f) The department shall not implement or propose to implement, any railroad assistance program without the prior concurrence of the State Transportation Board. (g) Funds appropriated to the department pursuant to Article III, Section X, Paragraph VII (b) of the Georgia Constitution of 1976 may not be utilized for any of the purposes set out in this section. 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. Approved March 23, 1977. DEVELOPMENT OF REAL PROPERTY OWNED BY THE STATECERTAIN EXPENDITURES APPROVED. No. 365 (Senate Bill No. 249). An Act to amend an Act relating to the improvement of real estate held by the State of Georgia in fee simple or under quitclaim deed with a reversionary interest in the Federal

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Government, or under a long-term federal license agreement with a reversionary interest in the Federal Government, approved February 23, 1961 (Ga. L. 1961, p. 47), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 927), so as to provide that nothing in the Act shall prevent the expenditure of appropriated State funds to construct access roads and utilities in, on, through, over or under real property in which the State holds a legal interest or estate less than fee simple; to provide 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 improvement of real estate held by the State of Georgia in fee simple or under quitclaim deed with a reversionary interest in the Federal Government, or under a long-term federal license agreement with a reversionary interest in the Federal Government, approved February 23, 1961 (Ga. L. 1961, p. 47), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 927), is hereby further amended by adding at the end of section 2 the following: Provided further that nothing herein shall prevent the expenditure of appropriated State funds to construct access roads or ways for ingress and egress, or the construction or placement of utilities in, on, through, over or under real property in which the State holds a legal interest or estate less than fee simple, if said roads, ways or utilities are constructed to serve facilities located on or to be located on real property held by the State of Georgia in fee simple or under a quitclaim deed with a reversionary interest in the Federal Government or under a long-term Federal license with a reversionary interest in the Federal Government., so that said section 2 of the aforesaid Act, as amended, shall hereafter read: Section 2. Any real estate held by the State of Georgia in fee simple or under a quitclaim deed with a reversionary interest in the Federal Government or under a long-term Federal license with a reversionary interest in the Federal Government may be

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improved with funds appropriated for a State Department, provided the Director of the Department affected and the Budget Bureau, consisting of the Governor and State Auditor, consent to the use of such funds if the amount of funds to be appropriated exceeds $1,000.00. If the amount of the improvement funds to be appropriated is $1,000.00 or less, the Director of the Department shall have the authority to approve the appropriation without the approval of the Budget Bureau. Provided, however, that nothing herein shall prevent or prohibit a State Department from constructing with appropriated State funds a public ramp for the launching and retrieving of watercraft and other facilities for use in connection therewith, including but not limited to, paved parking areas and access roads, upon real estate owned by the State of Georgia adjoining lakes, reservoirs, rivers or other bodies of water available for free use by the public, the title to which real estate is burdened by a flood easement, license, permit or reservation running in favor of an electric utility company regulated by the State of Georgia and/or the United States of America, or any public corporation or authority declared by law to be an instrumentality of the State of Georgia or the United States of America, or any agency or department of the United States of America. Provided further that nothing herein shall prevent the expenditure of appropriated State funds to construct access roads or ways for ingress and egress or the construction or placement of utilities in, on, through, over or under real property in which the State holds a legal interest or estate less than fee simple if said roads, ways or utilities are constructed to serve facilities located on or to be located on real property held by the State of Georgia in fee simple or under a quitclaim deed with a reversionary interest in the Federal Government or under a longterm Federal license with a reversionary interest in the Federal Government. 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. Approved March 23, 1977.

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LOCAL BOARDS OF EDUCATIONPROCEDURE FOR SETTLING CONTROVERSIES ABOUT SCHOOL LAW. Code 32-910 Amended. No. 366 (Senate Bill No. 256). An Act to amend Code section 32-910, relating to the powers of local boards of education as a tribunal for hearing and determining local controversies in reference to the construction and administration of the school law, and to appeals to the State Board of Education, as amended by acts approved March 27, 1947 (Ga. L. 1947, p. 1189), January 31, 1961 (Ga. L. 1961 Vol. I, p. 39) and Aril 25, 1969 (Ga. L. 1969 Vol. I, p. 708), so as to redefine the procedure for appeals to the State Board of Education and Superior Court; to define scope of review; to prescribe an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-910, relating to the powers of local boards of education as a tribunal for hearing and determining local controversies in reference to the construction and administration of the school law, and to appeals to the State Board of Education, as amended by acts approved March 27, 1947 (Ga. L. 1947, p. 1189), January 31, 1961 (Ga. L. 1961 Vol. I, p. 39) and April 25, 1969 (Ga. L. 1969 Vol. I, p. 708), is hereby amended by striking said section in its entirety and inserting in lieu thereof the following: 32-910. (a) Every county, city or other independent board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary, and when such board has made a decision, it shall be binding on the parties. (b) Any party aggrieved by a decision of the local board of education rendered on a contested issue after a hearing shall have the right to appeal therefrom to the State Board of Education. The appeal shall be in writing and shall distinctly set forth the

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question in dispute, the decision of the local board, a concise statement of the reasons why the decision below is complained of, and the party taking the appeal shall also file with the appeal a transcript of testimony as true and correct by the local superintendent. The appeal shall be filed with the local superintendent within thirty (30) days of the decision of the local board, and within ten (10) days thereafter, it shall be the duty of the local superintendent to transmit a copy of the appeal together with the transcript of evidence and proceedings, the decision of the board, and other matters in the file relating to the appeal, to the State Board of Education. The State Board of Education shall adopt regulations governing the procedure for hearings before the local board and proceedings before it. (c) Where an appeal is taken to the State Board of Education, the Board shall notify the parties of its decision within twenty-five (25) days after hearing thereon. Any party aggrieved thereby may appeal to the superior court of the county wherein the local board is situated. Such appeal shall be filed in writing within thirty (30) days after the decision of the State Board of Education. Within ten (10) days after filing of such appeal, it shall be the duty of the State Superintendent of Schools to transmit to the Superior Court a copy of the record and transcript sent up from the local board as well as the decision and any order of the State Board, certified as true and correct. (d) The following form shall be sufficient for an appeal: (e) Neither the State Board of Education nor the Superior Court shall consider any question in matters before the local board, nor consider the matter de novo, and the review by the State Board of Education or the Superior Court shall be confined

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to the record. In the Superior Court, the appeal shall be determined by the judge sitting without a jury. 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. Approved March 23, 1977. INSURANCECANCELLATION WHERE LIENHOLDERS AFFECTED. Code Ch. 56-24 Amended. No. 367 (Senate Bill No. 269). An Act to amend Code Chapter 56-24, relating to the insurance contract in general, as amended, so as to change the provisions relating to cancellation where interests of lienholders are affected; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-24, relating to the insurance contract in general, as amended, is hereby amended by striking Code section 56-2430.2, which reads as follows: 56-2430.2. No policy of insurance in which the interest of any lien holder named in the policy are protected by a loss payable clause may be cancelled by the insurer so as to destroy the protection afforded by said policy for the interests possessed by the lien holders unless a copy of the notice of cancellation as provided for by Code section 56-2430 shall be sent to the lien holder in accordance with the provisions of Code section 56-2430., in its entirety, and inserting in lieu thereof a new Code section 56-2430.2, to read as follows:

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56-2430.2. Cancellation where interests of lienholders affected.No policy of insurance in which the interests of any lienholders named in the policy are protected by a loss payable clause may be cancelled or nonrenewed by an insurer so as to destroy the protection afforded by said policy for the interests possessed by the lienholders unless notice of such cancellation or nonrenewal or a copy thereof is sent to the lienholders in the manner provided for in sections 56-2430 and 56-2430.1. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 2977. INSURANCEADDITIONAL DEPOSITS REQUIRED OF UNSOUND INSURERS. Code Ch. 56-3 Amended. No. 368 (Senate Bill No. 271). An Act to amend Code Chapter 56-3, relating to authorization of insurers and general requirements for doing business in this State, as amended, so as to provide that the Commissioner may require certain insurers to make additional special deposits of securities under certain circumstances; to provide for practices and procedures; to provide for administration of deposits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-3, relating to authorization of insurers and general requirements for doing business in this State, as amended, is hereby amended by adding, following Code section 56-310, a new Code section 56-310.1, to read as follows: 56-310.1. Special Deposits.(a) In addition to the deposits required by Code sections 56-309 and 56-310, the Commissioner may require any domestic, foreign, or alien insurer to make such

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additional special deposits of securities eligible for the investment of capital funds of domestic insurers under this Title as he may deem reasonable and necessary for the protection of the public whenever the Commissioner shall determine that the adverse financial condition of the insurer requires such action. (b) Such additional special deposits shall be deposited with the Commissioner in trust for the protection of all policyholders of the insurer and all others entitled to the proceeds of its policies except in the case of foreign or alien insurers, in which case such additional special deposits shall be deposited with the Commissioner in trust for the protection of all of the insurer's policyholders in Georgia and all others in Georgia entitled to the proceeds of its policies. (c) The deposits provided for under this section shall be administered by the Commissioner in accordance with the provisions of Code Chapter 56-11. 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. Approved March 23, 1977. MOBILE HOMESFIRE SAFETY STANDARDSFIRE COMMISSIONER MAY CONTRACT. No. 369 (Senate Bill No. 273). An Act to amend an Act known as The Uniform Standards Code for Mobile Homes Act, approved February 12, 1973 (Ga. L. 1973, p. 4), as amended, so as to authorize the Georgia Safety Fire Commissioner to enter into contracts or cooperative agreements; 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 Uniform Standards Code for Mobile Homes Act, approved February 12, 1973 (Ga. L. 1973, p. 4), as amended, is hereby amended by adding at the end of section 3 a new subsection (d), to read as follows: (d) The Commissioner is hereby further authorized and empowered to contract or enter into cooperative agreements with the United States of America; any agency, department or instrumentality of the United States of America; any agency, board, department or commission of this State; any county, municipality, local government or any combination of same; any public or private corporation, firm, or any persons whatsoever; or any public authority, agency, commission or institution, as mey be necessary to implement his responsibilities under this Act, to further the stated policy and purposes thereof, or to participate in the enforcement of mobile home construction and safety standards which may be promulgated pursuant to the National Mobile Home Construction and Safety Standards Act of 1974, as it is now or hereafter amended (Public L. 93-383). 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. Approved March 23, 1977. REAL ESTATE BROKERS AND SALESMENLICENSE PROVISIONS CHANGED, ETC. Code Ch. 84-14 Amended. No. 370 (Senate Bill No. 277). An Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to change the provisions relating to inactive status for brokers and associate

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brokers; to change the provisions relating to the issuance of checks which are returned unpaid; to change the provisions relating to fees; to change the provisions relating to form of license; to change the provisions relating to changes in address; to change the provisions relating to issuance of real estate pocket cards; to provide that a broker or associate broker may surrender his broker's or associate broker's license and be licensed as a salesperson without taking a salesperson's examination; to provide that a person may take an examination as often as scheduled and as many times as he desires; to provide that a salesperson who has previously been licensed as a broker and has surrendered his broker's license in order to be licensed as a salesperson may be relicensed as a broker without taking another broker's examination; to provide that a salesperson who has not been licensed as a broker and who surrenders his salesperson's license must take and pass the salesperson's examination in order to be relicensed as a salesperson; to provide that the Georgia Real Estate Commission shall be a budget unit but shall remain administratively attached to the Joint Secretary's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, is hereby amended by striking subsection (a) of Code section 84-1412 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of this Chapter, the commission shall, at the time an application is submitted, collect from an applicant for each broker's, associate broker's or salesperson's examination a fee of $25 and an investigation fee, if necessary. If the applicant fails to pass the original examination, the applicant may, upon payment of an additional fee, retake the examination as often as scheduled and as many times as he desires. The payment of a fee is required for each examination. Prior to the issuance of an original license, each applicant who has passed the examination, as required by section 84-1410, shall pay a license fee in advance as follows: for a broker's or associate

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broker's license, $50, and for a salesperson's license, $15. Effective January 1, 1974, all licenses shall be issued biennially and shall be renewed as of January 1 of each even-numbered year. Section 2. Said Code Chapter is further amended by striking subsections (e) and (f) of Code section 84-1412 in their entirety and substituting in lieu thereof four new subsections to be designated subsections (e), (f), (g) and (h) and to read as follows: (e) Any real estate salesperson, associate broker, or broker who is temporarily unemployed, or in the case of a sale person or associate broker is temporarily not actively engaged in behalf of a broker, may continue his license by making application therefor immediately upon ceasing work and by submitting a fee of $15 together with an application on which he has noted his present `inactive status'. The fee of $15 shall cover all fees due the commission for any period on `inactive status' for up to three years. Any salesperson, associate broker, or broker whose license has been placed in an inactive status may not be permitted to engage in the real estate business. To reinstate a license held on `inactive status', the salesman must secure a broker's signature for whom he wishes to act. On or after January 1, 1977, any licensee who has been inactive for a continuous period of more than three years shall be reinstated only if the licensee shall successfully pass the examination requirements as an original applicant. (f) Any check presented to the commission as a fee for an original license, a renewal license, an inactive license status, a transfer of license, or examination for a license, which is returned unpaid, may be cause for revocation or denial of license. (g) Any licensed broker or associate broker who wishes to be licensed as a salesperson may do so by surrendering his broker's license and applying for a license as a salesperson. No examination shall be required of a licensed broker or associate broker who surrenders his broker's or associate broker's license and applies for a salesperson's license. In the event that such person later wishes to be relicensed as a broker, no additional broker's examination shall be required. When an individual changes his status as contemplated in this subsection, he shall be required to pay the same fee as an original applicant.

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(h) Should a license be suspended or revoked, as provided for by this Chapter, said suspension or revocation shall prevent the licensee from making either application set out in subsection (g) hereof. Section 3. Said Code Chapter is further amended by striking in its entirety Code section 84-1417, relating to form of license, and inserting in lieu thereof a new Code section 84-1417 to read as follows: 84-1417. Form of license. The commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the commission. The license of each real estate salesman and associate broker shall be delivered or mailed to the real estate broker for whom the real estate salesman or associate broker is acting as an associate broker or salesman, and shall be kept in the custody and control of such broker. It shall be the duty of each broker to conspicuously display his own license and those of his associate brokers and salesmen in his place of business. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensed real estate broker or a licensed real estate associate broker or salesman, as the case may be. If a real estate broker maintains more than one place of business within the State, a branch office license shall be issued to such broker for each branch office so maintained by him upon the payment of a biennial fee of $50, and the branch office license shall be conspicuously displayed in each branch office. The manager of a branch office must be an officer of the corporation, a partner or an associate broker. Section 4. Said Code Chapter is further amended by striking in their entirety subsections (a) and (b) of Code section 84-1418, relating to changes of address, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) Should the broker change his place of business, he shall notify the commission, in writing, within 10 days of such change. (b) Where a salesman or associate broker leaves a broker for whom he is acting, the principal broker shall immediately forward

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the license of said licensee to the commission and shall furnish such information regarding the termination of said licensee as the commission may require. Section 5. Said Code Chapter is further amended by adding at the end thereof a new section, to be known as Code section 84-1426 and to read as follows: 84-1426. Fees and budget. Notwithstanding any other provisions of Code Chapter 84-14 relating to the amounts of fees, the Georgia Real Estate Commission shall be authorized to establish a reasonable amount for all fees provided for in Code Chapter 84-14. The Georgia Real Estate Commission shall be a budget unit as defined in Chapter 40-4, known as the `Budget Act'. Provided, however, thst the Georgia Real Estate Commission shall be assigned for administrative purposes only, as defined at Georgia Laws 1972, pp. 1015, 1029, to the Office of the Secretary of State and the Joint Secretary, State Examining Boards. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. HEALTH INSURANCE FOR STATE EMPLOYEESPERSONNEL BOARD MAY CONTRACT FOR ADMINISTRATIVE SERVICES. No. 371 (Senate Bill No. 278). 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 March 31, 1976 (Ga. L. 1976, p. 1384), so as to authorize the State Personnel Board to execute a contract or contracts relative to the

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providing of administrative services in connection with a selfinsured health insurance plan for State employees; 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 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 March 31, 1976 (Ga. L. 1976, p. 1384), is hereby amended by striking the last paragraph of section 6, which reads 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., and inserting in lieu thereof the following: 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 with one or more professional claim administrators authorized or licensed to transact business in this State or with one or more independent adjusting firms with employees who are licensed as independent adjusters pursuant to the provisions of Code Chapter 56-8B, to provide administrative services in connection with a self-insured health insurance plan for State employees. For the purposes of this Act, professional claim administrators shall mean any person, firm or corporation, with at least two years' experience in the handling of insurance claims, whom the State Personnel Board has determined to be fully qualified, financially

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sound, and capable of meeting all of the service requirements of the contract of administration under such criteria as may have been established by appropriate rules and regulations promulgated by the Board after due notice and hearing as required by law. 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. Approved March 23, 1977. MENTALLY RETARDED PERSONSCONSENT FOR EMERGENCY TREATMENT OUTLINED. Code Ch. 88-25 Amended. No. 372 (Senate Bill No. 280). An Act to amend Code Chapter 88-25, relating to the treatment of the mentally retarded, as amended, so as to provide consent for treatment and surgery in the event of a medical emergency; to provide that this Act shall not repeal other laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-25, relating to the treatment of the mentally retarded, as amended, is hereby amended by adding at the end thereof a new Code section, to be known as Code section 88-2516, to read as follows: 88-2516. Obtaining Consent in a Medical Emergency. In cases of grave emergency where the medical staff of the institution in which a mentally retarded individual has been accepted for treatment determines that surgical or other intervention is necessary to prevent serious consequences or death, and where delay in obtaining consent would create a grave danger to the

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health of such person (as determined by two licensed physicians, except that one of the physicians shall not be employed full time by the institution where the surgical or other intervention procedure is to be done), then, in that event, essential surgery or other intervention may be administered without the consent of the person, the spouse, next of kin, attorney, guardian, or any other person. In such cases, a record of the determination and concurrence of the two physicians shall be entered into the medical records of the patient and this will be proper consent for such surgery or other intervention. Such consent will be valid notwithstanding the type of admission of the patient and it shall also be valid whether or not the patient has been adjudged incompetent. This section is intended to have application to those individuals who, as a result of their advanced age, impaired thinking, or other handicap cannot reasonably understand the nature of their acts, give cause for concern in either the ability to give informed consent for operations, or understanding the consequences of withholding such consent. Any physician, agent, employee or official employed by the State who obtains consent or acquiesces in such consent as authorized by this section who acts in good faith and within the provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with obtaining or allowing consent. Section 2. This Act shall be cumulative of any other law and shall add to and not repeal any existing law. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Approved March 23, 1977. ALCOHOLIC OR DRUG DEPENDENT PERSONCONSENT FOR EMERGENCY TREATMENT OUTLINED. Code Ch. 88-4 Amended. No. 373 (Senate Bill No. 281). An Act to amend Code Chapter 88-4, relating to the treatment of alcoholic or drug dependent individuals, so as to provide consent for treatment and surgery in the event of a medical

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emergency; to provide that this Act shall not repeal other laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-4, relating to the treatment of alcoholic or drug dependent individuals, is hereby amended by adding at the end thereof a new Code section, to be known as Code section 88-406.8, to read as follows: 88-406.8. Obtaining consent in a medical emergency. In cases of grave emergency where the medical staff of a hospital or institution providing services for alcoholic or drug dependent individuals determines that surgical or other intervention is necessary to prevent serious consequences or death, and where delay in obtaining consent would create a grave danger to the health of such person (as determined by two licensed physicians, except that one of the physicians shall not be employed full time by the institution where the surgical or other intervention procedure is to be done), then, in that event, essential surgery or other intervention may be administered without the consent of the person, the spouse, next of kin, attorney, guardian, or any other person. In such cases, a record of the determination and concurrence of the two physicians shall be entered into the medical records of the patient and this will be proper consent for such surgery or other intervention. Such consent will be valid notwithstanding the type of admission of the patient or a previous adjudication of incompetence. This section is intended to have application to those individuals who, as a result of their advanced age, impaired thinking, or other handicap cannot reasonably understand the nature of their acts, give cause for concern in either the ability to give informed consent for operations, or understanding the consequences of withholding such consent. Any physician, agent, employee or official employed by the State who obtains consent or acquiesces in such consent as authorized by this section, who acts in good faith and within the provisions of this Chapter, shall be immune from civil or criminal liability for his actions.,' Section 2. This section shall be cumulative of any other law and shall add to and not repeal any existing law.

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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. Approved March 23, 1977. MENTALLY ILL PERSONSCONSENT FOR EMERGENCY TREATMENT OUTLINED. Code Ch. 88-5 Amended. No. 374 (Senate Bill No. 282). An Act to amend Code Chapter 88-5, relating to the care and treatment of the mentally ill, as amended, so as to provide for consent for treatment and surgery in the event of a medical emergency; to provide that this Act shall not repeal other laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-5, relating to the care and treatment of the mentally ill, as amended, is hereby amended by adding at the end thereof a new Code section, to be known as Code section 88-508.11, to read as follows: 88-508.11. Obtaining consent in a medical emergency. In cases of grave emergency where the medical staff of the institution in which a mentally ill individual has been accepted for treatment determines that surgical or other intervention is necessary to prevent serious consequences or death, and where delay in obtaining consent would create a grave danger to the health of such person (as determined by two licensed physicians, except that one of the physicians shall not be employed full time by the institution where the surgical or other intervention procedure is to be done), then, in that event, essential surgery or other intervention may be administered without the consent of the person, the spouse, next of kin, attorney, guardian, or any other person. In such cases, a record of the determination and concurrence of the two physicians shall be entered into the medical records of the patient and this will be proper consent for

Page 890

such surgery or other intervention. Such consent will be valid notwithstanding the type of admission of the patient and it shall also be valid whether or not the patient has been adjudged incompetent. This section is intended to have application to those individuals who, as a result of their advanced age, impaired thinking, or other handicap cannot reasonably understand the nature of their acts, give cause for concern in either the ability to give informed consent for operations, or understanding the consequences of withholding such consent. Any physician, agent, employee or official employed by the State who obtains consent or acquiesces in such consent as authorized by this section, who acts in good faith and within the provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with obtaining or allowing consent. Section 2. This Act shall be cumulative of any other law and shall add to and not repeal any existing law. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Approved March 23, 1977. PHYSICIANS AND VISION SPECIALISTSMAY REPORT VISUALLY HANDICAPPED PERSONS TO PUBLIC SAFETY DEPARTMENT. Code 68B-217 Amended. No. 375 (Senate Bill No. 297). An Act to amend Code section 68B-217, relating to reports by physicians and vision specialists, so as to provide that physicians and vision specialists may report certain handicapped individuals to the Department of Public Safety; to provide that reports submitted to the board, or its members, for the purpose of determining whether a person is qualified to be licensed are for the confidential use of the board; to provide for a hearing and appeal; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 891

Be it enacted by the General Assembly of Georgia: Section 1. Code section 68B-217, relating to reports by physicians and vision specialists, is hereby amended by striking subsections (b), (c) and (e) of said Code section in their entirety and inserting in lieu thereof new subsections (b), (c) and (e) to read as follows: (b) All physicians licensed under Georgia Code Chapter 84-9 to diagnose and treat disorders and disabilities defined by the Department may report to the Department the full name, date of birth and address of any person with a handicap which would render such person incapable of operating a motor vehicle safely. (c) All other persons licensed under Georgia Code Chapter 84-11 to diagnose and treat disorders defined by the Department may report to the Department the full name, date of birth and address of any person with a handicap which would render such person incapable of operating a motor vehicle safely. (e) Reports received or made by the board, or its members, for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the board or department and may not be divulged to any person or used as evidence in any civil or criminal trial except that the reports may be admitted in proceedings conducted pursuant to this section and section 68B-315. Whenever the department shall determine that a person is unqualified to be licensed, the department shall inform such person in writing and give him an opportunity to request a hearing, in writing, within fifteen days. If no hearing is requested within the fifteen-day period as specified herein, the right to this hearing shall be waived, and the license of the person shall be revoked. The person may request an opinion of the board as provided in section 68B-216(c) of this Title. The department may not grant any exceptions to any regulations issued pursuant to subsection (a) of this section. The scope of the hearing shall determine, upon evidence and testimony submitted, if the driver is competent to drive a motor vehicle as defined in this Title. No driving privileges shall be revoked unless the Department shows that the driver had disorders characterized by

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lapses of consciousness or other mental or physical disabilities affecting his ability to drive safely. The hearing shall be informal and an appeal shall be as provided for in section 68B-315. 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. Approved March 23, 1977. MARRIAGE AND FAMILY COUNSELLINGQUALIFICATIONS AMENDED, ETC. No. 376 (Senate Bill No. 309). An Act to amend an Act known as the Marriage and Family Counselor Licensing Act, approved March 24, 1976 (Ga. L. 1976, p. 659), so as to change certain definitions; to change the provisions relative to qualifications for licensure as a practicing marriage and family counselor; to authorize certain persons with certain qualifications to obtain a license prior to a certain 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 Marriage and Family Counselor Licensing Act, approved March 24, 1976 (Ga. L. 1976, p. 659), is hereby amended by adding following the comma after the words premarital counseling in section 3(b), the following: sexual counseling and therapy,, so that when so amended, section 3(b) shall read as follows: (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,

Page 893

whether such services are offered directly to the 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, sexual counseling and therapy, 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. Section 2. Said Act is further amended by striking the period following the word candidates at the end of subsection (d) of section 8 and substituting in lieu thereof a semicolon and by adding at the end of said section a new subsection to be designated subsection (e), to read as follows: (e) is a resident of or is practicing in Georgia., so that when so amended, section 8 shall read as follows: 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;

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(e) is a resident of or is practicing in Georgia or will become a resident of Georgia within one month of the granting of the license; and in the event a nonresident who has received a license does not become a resident of Georgia within such time, the said license shall stand revoked automatically. Section 3. Said Act is further amended by striking in section 9(a), the following: January 1, 1977, and substituting in lieu thereof, the following: January 1, 1978, so that when so amended, section 9(a) shall read as follows: (a) Any person who applies on or before January 1, 1978, 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. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

Page 895

BURGLARY REDEFINEDRAILROAD CARS AND AIRCRAFT COVERED. Code 26-1601 Amended. No. 377 (Senate Bill No. 310). An Act to amend Code section 26-1601, relating to burglary, so as to redefine the crime of burglary; to provide that it shall be unlawful to enter or remain in a railroad car or an aircraft with the intent to commit a felony or theft; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-1601, relating to burglary, is hereby amended by adding, following the words enters or remains within any other building, the following: ,railroad car, aircraft, so that when so amended, Code section 26-1601 shall read as follows: 26-1601. Burglary. A person commits burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, aircraft, watercraft, or other such structure designed for use as the dwelling of another, or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of burglary shall be punished by imprisonment for not less than one nor more than 20 years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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GUARDIANS FOR INCOMPETENTSCOMMISSIONER OF HUMAN RESOURCES MAY BE SWORN BEFORE PROBATE COURT. Code 49-604 Amended. No. 378 (Senate Bill No. 312). 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, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 472), so as to provide that the Commissioner of Human Resources, or his duly appointed delegatee, may take the oath of guardianship before the Judge of the Probate Court of Fulton County or before the judge of the probate court making the appointment of guardianship; 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 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, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 472), is hereby amended by adding to paragraph (3) of subsection (d) thereof a new sentence which shall read as follows: The Commissioner, or his duly appointed delegatee, is hereby authorized to take the oath of guardianship before the Judge of the Probate Court of Fulton County or before the judge of the probate court making the appointment of guardianship., so that when so amended, paragraph (3) of subsection (d) of Code section 49-604 shall read as follows: (3) If the probate court finds that the person is mentally ill, mentally retarded or mentally incompetent to the extent that he is incapable of managing his estate, a guardian shall be appointed; provided, however, that if no other person is available to

Page 897

be guardian of the person of the ward, the judge of the probate court may appoint the Commissioner of Human Resources as a guardian of the person. The Commissioner may delegate his duties as guardian of mentally ill, mentally retarded or mentally incompetent persons to responsible employees of the Department. The Commissioner, or his duly appointed delegatee, is hereby authorized to take the oath of guardianship before the Judge of the Probate Court of Fulton County or before the judge of the probate court making the appointment of guardianship. 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. Approved March 23, 1977. CHILD SUPPORT RECOVERY ACT AMENDEDWAGE ASSIGNMENTS AUTHORIZED IN CERTAIN CIRCUMSTANCES. No. 379 (Senate Bill No. 315). An Act to amend an Act known as the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, so as to provide that parents may make wage assignments to the Department of Human Resources to fulfill their obligations under this Act; to provide that employers may comply with said assignments; to provide when said assignments become enforceable; to provide that employers may not terminate an employee's services solely because of such assignments; to provide that courts may require wage assignments as a condition of probation or otherwise; 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 Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as

Page 898

amended, is hereby amended by inserting a new section between sections 15A and 16, to be numbered as section 15B, to read as follows: 15B. Wage Assignments. (a) A parent responsible for child support payments may make an assignment of a portion of his wages to the Department in order to fulfill his obligations under this Act, and if employers recognize and comply with such wage assignments executed for the purpose of meeting child support obligations, then such wage assignment shall become enforceable. (b) Employers may not terminate the services of an employed parent who executes a wage assignment for child support purposes, solely because of said assignment. (c) In addition to other remedies provided at law, courts may require wage assignments if accepted by the employer as a condition of probation or at such other times as appropriate to insure the regular availability of support to a dependent child. 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. Approved March 23, 1977. SAVANNAH PARK AUTHORITYINDUSTRIAL DEVELOPMENT POWERS EXPANDED. No. 380 (Senate Bill No. 323). An Act to amend and revise an Act implementing the provisions of an Amendment to the Constitution ratified November 4, 1952 (Ga. L. 1951, p. 854), creating the Savannah Port Authority, approved February 11, 1955 (Ga. L. 1955, p. 170), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 1186), so as to provide an alternative procedure

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whereby the Savannah Port Authority can stimulate industrial expansion and development; to authorize the Savannah Port Authority to construct, acquire, own, repair, remodel, maintain, extend, improve and equip property located on lands owned or leased by the Authority or on lands owned or leased by persons, firms, corporations or other entities other than the Authority; to extend credit or make loans to any industrial entity for the planning, design, construction, acquisition and carrying out of any project; to acquire, accept or retain equitable interest, security interest or other interest in any 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 implementing the provisions of an Amendment to the Constitution ratified November 4, 1952 (Ga. L. 1951, p. 854), creating the Savannah Port Authority, approved February 11, 1955 (Ga. L. 1955, p. 170), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 1186), is hereby amended by striking subsections (k), (l) and (m) of section 6B in their entirety and inserting in lieu thereof new subsections (k), (l), (m), (n) and (o), to read as follows: (k) to construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority or on land owned or leased by persons, firms or corporations or other entities other than the Authority, 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 receive and accept and use; (l) 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 pertinent instruments, 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

Page 900

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, of such provisions for guaranty, insurance, construction, use, operation, maintenance and financing of a project as the Authority may deem necessary or desirable; (m) 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; (n) to issue revenue bonds 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. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of this Act, as amended. As security for the payment of any revenue bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and the Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia in behalf of the State and said county and each municipal corporation, political subdivision and taxing district therein hereby waives any right it or said county, or such 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; (o) to do all things necessary or convenient to carry out the powers expressly conferred by this Act.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for legislation at the 1977 Session of the Georgia Assembly amending the Legislative Charter of the Savannah Port Authority. This 7th day of January, 1977. Norton M. Melaver Chairman Savannah Port Authority. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John R. Riley who, on oath, deposes and says that he is Senator from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 11, 18, 25, 1977. /s/ John R. Riley Senator, 1st District Sworn to and subscribed before me, this 17th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. Approved March 23, 1977.

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ARREST BY A PRIVATE PERSONPOST-ARREST PROCEDURE OUTLINED. Code Ch. 27-2 Amended. No. 381 (Senate Bill No. 325). An Act to amend Chapter 27-2 of the Code of Georgia, as amended, relating to arrests, so as to provide for procedures subsequent to an arrest by a private person; 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 . Chapter 27-2 of the Code of Georgia, as amended, relating to arrests, is hereby amended by inserting between section 27-211 and section 27-212 a new Code section 27-211.1 as follows: 27-211.1. (a) A private person who has made an arrest pursuant to Code section 27-211 shall, without any unnecessary delay, take the person arrested before a magistrate as provided in Code section 27-212 or deliver such person and all effects removed from him to a peace officer of this State. (b) A peace officer who takes custody of a person arrested by a private citizen shall immediately proceed in accordance with Code section 27-212. (c) A peace officer who in good faith and within the scope of his authority takes custody of a person arrested by a private person pursuant to this section shall not be liable at law for false arrest or false imprisonment arising out of such arrest. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

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COUNTY PROPERTY TAXESPROCEDURES FOR INTERIM COLLECTION PENDING APPEALS OUTLINED. No. 382 (Senate Bill No. 331). 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 equalization, approved April 6, 1972 (Ga. L. 1972, p. 1094), codified as Code section 92-6912, as amended, so as to provide for temporary collection and enforcement of taxes based upon tax digests appealed or otherwise rendered uncollectible and unenforceable by law; to provide for the methods, procedures and conditions under which said collection and enforcement shall occur; to provide for the governing authority of any county for which tax collection and enforcement is suspended to petition a court of competent jurisdiction to collect and enforce such taxes and the conditions, requirements and procedures thereof; to provide for the service of said petition; to provide for intervention; to provide for the bearing of the burden of proof in such petitions; to provide for an order by a court of appropriate jurisdiction to collect and enforce said taxes and the conditions, procedures and standards upon which said order may issue; to provide that taxes collected and enforced by said order shall be deemed not as voluntary payments and to protect the rights of persons paying taxes under said order; to provide for the collection and enforcement of taxes authorized by order; to provide for applicability to the tax digests of certain municipalities; to provide for severability; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . 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), codified as Code section 92-6912, as amended, is hereby amended by renumbering sections 10, 11

Page 904

and 12 of Code section 92-6912 as sections 11, 12 and 13 respectively and adding a new section 10 to Code section 92-6912 to read as follows: Section 10. Interim Collection Pending Appeals. (a) When: (1) any appeal as provided by law is filed to prevent the approval of a tax digest by the State Revenue Commissioner, or the digest is not otherwise approved by said Commissioner, or the digest is otherwise not enforceable or collectible by law and (2) such appeal, disapproval or disability prohibits or prevents collections from being made or enforced on said digest, the governing authority of the county for which said digest has not been approved, may petition the superior court of the county in which said authority has governing powers, for the immediate and temporary collection of taxes thereon as provided in this section. (b) The petition filed by the governing authority shall be styled `In the Matter of the (year) Tax Digest for (name of county) County.' In the petition, the governing authority of the county shall assert that the county authority will not be able to either: (1) pay the county's debts as they mature, (2) pay appropriate salaries of employees, other government officials and other persons entitled to receive either compensation by or funds from the county as provided by law, (3) maintain an orderly and normal function of county business and governmental affairs, (4) maintain an adequate, proper or desirable credit rating to either maintain or affect existing or future interest rates on bond indebtedness or indebtedness on loans incurred or obligated by the county governing authority, or (5) avoid by practical means the suffering of immediate and irreparable injury, loss, damage and any other significant matter, unless the court authorizes the immediate temporary collection of the taxes. The petition shall further identify the last year in which the county had an approved tax digest as provided in this Code Title and shall state the particular year for which the tax collections are sought. (c) After the filing of the petition referred to in subsection (b), a judge of the superior court in which the petition was filed shall set a time and date for a hearing on the petition which shall be not less than ten days from the date of the filing of the petition.

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The court shall direct that the governing authority of the county cause the petition to be published at least once prior to the hearing in the official newspaper of the county for publication of official notices, and the court shall further order that the governing authorities post a copy of the petition in a prominent place in the courthouse. No hearing shall be held on the petition until the petition shall have been so published and posted. (d) After the petition has been filed, and before the hearing, any interested party shall be authorized and allowed to intervene for the purpose of opposing the issuance of an order allowing the immediate and temporary collection of taxes. (e) At the hearing on the matter of the petition, the governing authority shall bear the burden of proof of establishing the existence of one or more of the conditions set forth in subsection (b) above, and the court shall not be authorized to issue an order allowing the temporary collection of taxes unless it finds that the evidence adduced at the hearing preponderates in favor of a finding that one of the conditions referred to in subsection (b) does exist. If the court so determines, the court shall enter an order containing findings of fact and conclusions of law to that end and shall order the collection of temporary taxes as sought by the county governing authority. (f) In the court's order, the court shall establish the basis on which the temporary tax on each parcel of property shall be established, as well as the manner in which such taxes shall be billed, collected and otherwise received. The basis upon which the temporary taxes may be collected shall be one of the following: (1) Any tax digest for the tax year in question which has been submitted to the State Revenue Commissioner, but which has been rejected or is otherwise unenforceable; (2) The most recently submitted and approved tax digest, as amended to reflect changes in ownership in property; or (3) Any other reasonable method which will do substantial justice to the parties under the exigencies of all the circumstances.

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(g) Any taxes collected or paid after the entrance of the order for collection, as provided for in this section, shall not be considered as and not deemed to be voluntary payments and collection or payment of such taxes after the entry of such order by the court shall not in any manner affect or limit anyone who pays such taxes from receiving and enjoying the full benefits of any adjustments, benefits, refunds or additional assessments, determined by the final disposition of the validity of the tax digest. (h) The temporary collection of such taxes on the basis ordered by the superior court shall proceed and shall be of full force and effect exactly as if the tax digest used as the basis for the court's order has been approved by the State Revenue Commissioner or otherwise approved or in force as provided by law except as may be modified by court order. The court shall retain jurisdiction to issue any appropriate order necessary to enforce the court's order allowing the temporary collection of taxes. (i) Any governing authority filing a petition seeking an order allowing the temporary collection of taxes shall serve the State Revenue Commissioner with a copy of said petition; provided, however, that the State Revenue Commissioner may not be joined in an action seeking the temporary collection of taxes without the State Revenue Commissioner's specific consent. (j) The procedures provided by this section shall apply to the tax digest of any municipality using as a basis for municipal tax purposes the fair market value determined for county ad valorem tax purposes, and for the purposes of this subsection, the provisions of this section applicable to the governing authority of a county shall also be applicable to the governing authority of any such municipality and the methods, procedures and conditions for temporary collection and enforcement of taxes for municipalities shall be under the same terms and conditions as provided for counties herein. 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

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hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. NORTHEASTERN JUDICIAL CIRCUITSUPERIOR COURT JUDGE'S SALARY SUPPLEMENT PROVIDED. No. 400 (Senate Bill No. 362). An Act to provide for a supplement to the salary of the judges of the superior courts of the Northeastern Judicial Circuit; to provide for the payment of such salary supplement by the counties comprising said circuit; to provide an effective date; to repeal an Act authorizing the governing authority of Hall County to supplement the salary of the judge of the superior court, approved February 19, 1960 (Ga. L. 1960, p. 147); to repeal conflicting laws; and for other purposes. 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 Northeastern Judicial Circuit shall receive a salary supplement of $5,000 per annum, payable in equal monthly installments from the funds of the counties comprising said circuit as hereinafter provided. Each county comprising said circuit shall pay that proportion of each said judge's salary supplement as the population of such county bears to the total population of all counties comprising said circuit, according to the latest official United States Decennial Census. Such payment shall be made from the treasury of each such county.

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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. Section 3. An Act authorizing the governing authority of Hall County to supplement the salary of the judge of the superior court, approved February 19, 1960 (Ga. L. 1960, p. 147), is hereby repealed in its entirety. 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 legislation will be introduced during the 1977 session of the General Assembly of Georgia to amend an act authorizing a supplement to the salary of Judges of the Superior Court for the counties within the Northeastern Circuit, to provide for all matters relative thereto and for other purposes. This 8th day of February, 1977. J. B. Jones County Commissioner. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County, on the following dates: February 10, 17 and 24, 1977. /s/ Howard T. Overby Senator, 49th District

Page 909

Sworn to and subscribed before me, this 28th Day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced during the 1977 session of the General Assembly of Georgia to amend an act authorizing a supplement to the salary of Judges of the Superior Court for counties within the Northeastern circuit, to provide for all matters relative thereto and for other purposes. This 4th day of February, 1977. Wendell Anderson Representative Joe Frank Harris Representative Max R. Looper Representative John C. Foster Senator Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson County Advertiser which is the official organ of Dawson County, on the following dates: February 10, 17 and 24, 1977. /s/ Howard T. Overby Senator, 49th District

Page 910

Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced during the 1977 session of the General Assembly of Georgia to amend an act authorizing a supplement to the salary of Judges of the Superior Court for the counties within the Northeastern circuit, to provide for all matters relative thereto and for other purposes. This 8th day of February, 1977. Bill Dover, Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County, on the following dates: February 10, 17 and 24, 1977. /s/Howard T. Overby Senator, 49th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980.

Page 911

Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced during the 1977 session of the General Assembly of Georgia to amend an act authorizing a supplement to the salary of Judges of the Superior Court for counties within the Northeastern circuit, to provide for all matters relative thereto and for other purposes. This 8th day of February, 1977. Joe T. Wood Representative Post 1, District 9 Doug Whitmire Representative Post 2, District 9 Jerry Jackson Representative Post 3, District 9 Howard T. Overby Senator Ninth District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following dates: February 8, 15 and 22, 1977. /s/ Howard T. Overby Senator, 49th District

Page 912

Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. Approved March 23, 1977. M.A.R.T.A. OVERVIEW COMMITTEEAUTOMATIC REPEALER DATE EXTENDED. No. 3 (House Resolution No. 41-200). A Resolution. To amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended by a Resolution approved March 21, 1974 (Ga. L. 1974, p. 524), and a Resolution approved February 24, 1975 (Ga. L. 1975, p. 31), so as to change the provisions relating to the repeal of the Resolution; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. A Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p 70), as amended by a Resolution approved March 21, 1974 (Ga. L. 1974, p. 524), and a Resolution approved February 24, 1975 (Ga. L. 1975, p. 31), is hereby amended by striking from section 3A, the date, July 1, 1978, and inserting in lieu thereof the date, July 1, 1980, so that when so amended section 3A shall read as follows: Section 3A. Unless extended by Joint Resolution of the General Assembly, this Resolution shall stand repealed on July 1, 1980.,

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Section 2. All laws and part of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. EASEMENT GRANTED TO SWIFT AGRICULTURAL CHEMICALS CORP. OVER CHATHAM COUNTY PROPERTY FOR HANDLING OF WATERBORNE PRODUCTS. No. 5 (House Resolution No. 114-477). A Resolution. Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Swift Agricultural Chemicals Corporation, a Delaware corporation, and Colonial Land Company, a Georgia corporation, as their interests may appear, their 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, storing, loading and unloading of various waterborne products, to be built over, under, across or through such State-owned or claimed properties; and for other purposes. Whereas, Swift Agricultural Chemicals Corporation is the owner in fee simple of a tract of land on the Savannah River in Chatham County, Georgia, which is, on the date of the introduction of this resolution, being sold, under contract of sale, to Colonial Land Company, and on which said Colonial Land Company proposes to construct and maintain a receiving, storing and loading-unloading facility, and in connection with which it intends to receive, store and dispatch waterborne

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cargoes, thereby requiring berthing, docking, storing and loading- unloading facilities and improvements, including breasting dolphins, piers, warehouses, conveyor systems and loading-unloading towers; and Whereas, a portion of the proposed facilities is to be located adjacent to the said property being purchased from said Swift Agricultural Chemicals Corporation by said Colonial Land Company on certain property owned or claimed by the State of Georgia, in Chatham County, Georgia; and Whereas, except as otherwise provided by resolution or Act of the General Assembly of Georgia, the State Properties Commission, acting for and on behalf of the State of Georgia, may grant only a revocable license or one-year rental agreement for the construction and maintenance of such improvements and facilities under, over, through or across State-owned properties, and Whereas, because of the large capital investment associated with the construction of such improvements and facilities, said Colonial Land Company desires to obtain an irrevocable easement over, under, across and through the property hereinafter described for the construction, installation, operation, maintenance, repair and replacement of such improvements and facilities; and Whereas, it is deemed as beneficial to the State of Georgia for such facilities to be established, and the State of Georgia is willing to grant and convey, through the State Properties Commission, 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 and the payment into the general treasury of the State of Georgia the sum of $1000.00, the State Properties Commission, for and on behalf of the State of Georgia, is hereby authorized to grant to

Page 915

either said Swift Agricultural Chemicals Corporation (or to said Colonial Land Company, if title to said land has been transferred to the latter by the date of execution of said grant), 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, storing 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 only across, under, over and through the bed or bottom of the Savannah River, and the intertidal 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; subject always to the use and enjoyment by the public of any streams involved herein and, subject to any easements, licenses, rental agreements or leases previously granted by the State of Georgia covering said easement area, which may still be in force; and subject to other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. The property subject to said easement is more particularly described as follows: ALL that portion of river bottom and intertidal land situate, lying and being in Chatham County, Georgia, and being described as follows: Beginning at a point known as Triangulation Station [UNK]ACAN[UNK] (X = 825,459.42[UNK] Y = 765,717.66[UNK] according to the Georgia State Plane Grid System, East Zone), running thence South 39 36[UNK] East 82.03 feet to the point where the boundary line between the property of Pierpont-Corbett Box Company, Inc. (formerly Savannah Port Authority) and property of Swift Agricultural Chemicals Corporation, 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 southeasterly direction along said bluff line and approximate high water line 632 feet, more or less, to a point where the common boundary line between the property of Swift Agricultural Chemicals Corporation and property now or

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formerly of Hunt Wesson Foods, Inc. intersects said bluff line and approximate high water line, thence north 27 48[UNK] 10[UNK] East 37.55 feet to the harbour line of the Savannah River; continuing thence North 27 48[UNK] 10[UNK] East 152 feet, more or less, to the channel line of the Savannah River; thence in a general northwesterly direction along the channel line of the Savannah River 625 feet, more or less, to a point located where the extended aforesaid common boundary line between the property of Swift Agricultural Chemicals Corporation and property of Pierpont-Corbett Box Company, Inc. (formerly property of Savannah Port Authority) extended northeasterly intersects said channel line; thence south 29 54[UNK] 40[UNK] West 170 feet, more or less, to the harbour line of the Savannah River; continuing thence south 29 54[UNK] 40[UNK] West 55.28 feet to the point of beginning. ALL as will more fully appear by reference to that certain plat of said property dated December 20, 1976, made by Hussey, Gay, Bell McWhorter, Consulting Engineers, a copy of which is on file in the office of 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 presently owned by Swift Agricultural Chemicals Corporation, 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. 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

Page 917

to be necessary and proper in the best interest of the State of Georgia. Be it further resolved that said easement is made only for the purposes aforesaid and shall continue only so long as the grantee, its successors and assigns, continues (once constructed) to maintain and operate the aforesaid improvements and facilities and should said improvements and facilities be abandoned or the use for the aforesaid purposes discontinued, said easement shall terminate. Approved March 23, 1977. JUSTICES OF THE PEACE STUDY COMMITTEE CREATED. No. 6 (House Resolution No. 116-513). A Resolution. Creating the Justice of the Peace Study Committee; and for other purposes. Whereas, justices of the peace and notary public ex officio justices of the peace perform essential functions in the judicial system of the State; and Whereas, decisions of the United States Supreme Court have caused concern to both justices of the peace and members of the General Assembly relative to the ability of justices of the peace to issue criminal warrants; and Whereas, it is the desire of the members of the General Assembly and the judiciary to insure that the State of Georgia has an effective, responsible criminal justice system. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Justice of the Peace Study Committee, to be composed of eight members as

Page 918

follows: two members of the House of Representatives, to be appointed by the Speaker of the House of Representatives; two Senators, to be appointed by the President of the Senate; one justice of the peace, to be appointed by the President of the Georgia Association of Justices of the Peace and Constables; one member of the State Bar of Georgia, to be appointed by the President of the State Bar; one member to be appointed by the Chairman of the Judicial Council of Georgia; and one member to be appointed by the Chairman of the Prosecuting Attorneys' Council of Georgia. The Committee is hereby authorized to study the laws of this State and other states relative to justices of the peace, the number of justices of the peace in each county and the needs of the judicial system in each county. The Committee is hereby authorized to review the qualifications and compensation of justices of the peace. The Committee may conduct such meetings at such times and places and do such other things as it may deem necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution. The legislative members of the Committee shall receive the expenses and allowances authorized for legislative members of interim legislative committees, 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 other members of the Committee shall receive no compensation from State funds appropriated to the legislative branch of State government for their services. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated or otherwise available to the legislative branch of 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 of Georgia. The Committee shall stand abolished on the date the General Assembly convenes in regular session in 1978. Approved March 23, 1977.

Page 919

COMPENSATION OF CRIME VICTIMSSTUDY COMMITTEE CREATED. No. 7 (House Resolution No. 118-513). A Resolution. Creating the Compensation to Victims of Crime Study Committee; and for other purposes. Whereas, as crime increases, so does the number of its victims; and Whereas, many victims of crime suffer physical injury, property loss, medical bills, lost wages, long-term physical impairment and serious psychological damage; and Whereas, of the millions of victims of crime in this country last year, only a small percentage received compensation from any government, local, State or federal; and Whereas, the State spends an enormous amount of money to prevent crime, but afterwards the plight of the victim is forgotten; and Whereas, it is unfair to spend millions of public dollars annually to incarcerate criminals while not compensating victims. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Compensation to Victims of Crime Study Committee to be composed of three members of the Senate to be appointed by the President thereof, three members of the House of Representatives to be appointed by the Speaker, and three members to be appointed by the Governor. The Chairman of the Committee shall be elected by the Committee. The Committee is authorized to do all things it deems necessary to investigate and study the issues and problems

Page 920

related to the feasibility of compensating victims of crime. To further its knowledge, the Committee may consult with experts and persons with practical knowledge of the subjects being pursued. 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 10 days unless additional days are authorized by the President of the Senate and the Speaker of the House. The funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or available to the legislative branch of government; provided, however, that the members of the Committee appointed by the Governor shall be compensated from funds appropriated to the executive branch of government. The Committee shall issue a report of its findings and recommendations, including suggested legislation, to the General Assembly on or before December 1, 1977, on which date the Committee shall stand abolished. Approved March 23, 1977. BOARD OF REGENTS DIRECTED TO COORDINATE EDUCATION CONCERNING SMALL BUSINESSES. No. 8 (House Resolution No. 121-513). A Resolution. Designating the Board of Regents of the University System of Georgia as the coordinating agency of educational activities directed toward encouraging the development and expansion of the small business sector of the economy of the State of Georgia; and for other purposes. Whereas, there are currently more than 80,000 small businesses located in this State, which businesses produce

Page 921

more than one-third of the gross State product and furnish over half the jobs in the private sector; and Whereas, as a result thereof, the development and expansion of small business is vital to the economy of this State, and Whereas, on December 30, 1976, the College of Business Administration at the University of Georgia was designated as a University Business Development Center by the U. S. Small Business Administration; and Whereas, the objectives of the University Business Development Center are to stimulate the expansion of existing small businesses in this State and to encourage the formation of new economically sound small business enterprises in this State; and Whereas, these objectives are to be achieved by providing direct technical assistance to small businesses and by providing educational training for owners and managers of these businesses; and Whereas, such a bold effort to serve the small business community of this State will require the full support of, and a partnership between, the University System of Georgia, the State government, the Federal government, and the business community of this State; and Whereas, the University of Georgia's College of Business Administration, Georgia State University's School of Business Administration and other units of the University System have the capability, and have demonstrated the desire, to serve the needs of small businesses in this State. Now, therefore, be it resolved by the General Assembly of Georgia that this Body hereby recognizes the success of the University of Georgia College of Business Administration in being designated as a University Business Development Center. Be it further resolved that there is hereby proclaimed the partnership of State government, the University System of

Page 922

Georgia and private enterprise in this State for the purpose of expanding and developing small businesses in this State. Be it further resolved that the Board of Regents is hereby established as the coordinating agency of educational activities of the University System, utilizing the designation of the University of Georgia's College of Business Administration as a University Business Development Center, directed toward encouraging the development and expansion of the small business sector of the economy of the State of Georgia. Approved March 23, 1977. CODE REVISION COMMITTEE CREATED. No. 9 (House Resolution No. 217-838). A Resolution. Creating the Code Revision Commission; and for other purposes. Whereas, the Code Revision Study Committee, which was created at the 1976 session of the General Assembly, has made its report and has recommended that a complete revision of the Code and laws of Georgia be undertaken; and Whereas, prior to the appropriation of any funds for this purpose, a multitude of details associated with an undertaking of this nature need to be resolved; and Whereas, it is necessary that a Code Revision Commission be created in order to ascertain and confirm all the statistics, cost figures and other data associated with this project. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Code Revision Commission to be composed of the Speaker and four members of the House of Representatives to be appointed by the Speaker, the President and four members of the Senate to be appointed

Page 923

by the President, and five members of the State Bar to be appointed by the President of the State Bar, one of whom shall be a Superior Court Judge and one of whom shall be a District Attorney. The Commission shall continue the work of the Code Revision Study Committee and is hereby authorized to select a publisher to conduct revision of the Code and the laws of Georgia. The Commission is authorized to formulate with the publisher all the details associated with the project and to contract with the publisher during 1977, such contract being contingent upon the General Assembly appropriating the necessary funds therefor. The Commission is authorized to seek the advice and assistance of other members of the State Bar, the law schools of the State, the Office of the Attorney General, the Office of Legislative Counsel and others with expertise and interest in the project. All members of the Commission shall receive the allowances authorized by law for legislative members of interim legislative committees. The Superior Court Judge and the District Attorney shall receive such allowances from State funds from which they are otherwise compensated. The other allowances and all other funds necessary to carry out the provisions of this Resolution shall come from the funds provided for the Legislative Branch of Government. The Commission shall hold an organizational meeting within 30 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. Approved March 23, 1977. GRADY COUNTYTRANSFER OF STATE-OWNED REAL PROPERTY AUTHORIZED. No. 10 (House Resolution No. 259-964). A Resolution. Authorizing the conveyance of certain real property located in

Page 924

Grady County, Georgia, to the Board of Commissioners of Grady County; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Grady County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and Whereas, the said real property was conveyed to the State of Georgia, for the use and benefit of the Department of Agriculture, on the fourth day of June, 1963, under the terms of a warranty deed executed by Mr. Paul H. Harrison for the consideration of $1.00 and other valuable considerations; and Whereas, the said conveyance to the State of Georgia was undertaken so as to permit the construction on such real property of a livestock barn, show arena and related facilities, such facilities to be operated by the Board of Commissioners of Grady County; and Whereas, such facilities were in fact constructed and have been operated for such purposes pursuant to the terms of an agreement entered into between the Department of Agriculture and the Board of Commissioners of Grady County; and Whereas, the said facilities are currently in need of repair, painting and enlargement although the Department of Agriculture does not presently intend or anticipate allocating monies for such purposes; and Whereas, the Board of Commissioners of Grady County has agreed to undertake such repairs, painting and enlargements if the State of Georgia will reconvey the said real property to the association; and Whereas, said real property is all that tract or parcel of land located, lying and being in Lot of Land No. 24 in the 18th District of Grady County, Georgia, containing 2.06 acres, more or less, and being more particularly described as follows:

Page 925

Begin at a point designated by an iron stob located on the west right-of-way line of a public road dedicated and deeded to Grady County by grantor simultaneously herewith, leading north from Georgia State Highway 38 and running to the City of Cairo trash depository, said point being 1713 feet north of the northwest intersection of said public road and said State Highway 38, and from said point run South 83 degrees west a distance of 300 feet, thence South 19 degrees east a distance of 300 feet; thence North 83 degrees east a distance of 300 feet to the west margin of said dedicated public road, thence North 19 degrees west along the west right of way margin of said public road a distance of 300 feet to the point of beginning. Said tract of land being more particularly delineated on a plat prepared by Grady County surveyor Forcie L. Barrett and recorded in Plat Book 7, Page 224, Grady County public land records.; and Whereas, the above described tract of land is no longer needed by the State of Georgia and is 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 tract of property subject to the following conditions: (1) that said tract of property shall be conveyed to the Board of Commissioners of Grady County for the consideration of the benefit accruing to the State and $10.00, said property to revert back to the State should it cease to be used for agricultural, promotional or related activities; and (2) that the conveyance of said tract of property shall be approved by the State Properties Commission; and (3) that the sale and transfer of said tract of property shall be upon such other terms and conditions as shall be prescribed by the State Department of Agriculture. Be it further resolved that, for purposes of compliance with

Page 926

the provisions of Code section 91-403A (b) (4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Department of Agriculture shall constitute an acceptable plat for filing with the Secretary of State. Approved March 23, 1977. CONVEYANCE OF STATE PROPERTY LOCATED IN TENNESSEE AUTHORIZED. No. 11 (House Resolution No. 309-1113). A Resolution. Authorizing the conveyance of certain State-owned property and negotiations concerning certain State-owned property located in the City of Chattanooga, Hamilton County, Tennessee; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Chattanooga, Hamilton County, Tennessee; and Whereas, said property is more particularly described as Tract #1, Tract #2, and Tract #3 on a plat, designated as Exhibit A, which is attached to and which is hereby made a part of this resoution; and Whereas, said property is no longer needed by the State of Georgia and is surplus property; and Whereas, the Chattanooga Housing Authority has projected a use for Tracts #1 and #3, and intends to obtain such property either through negotiation or by condemnation; and Whereas, the Chattanooga Chamber Foundation has proposed

Page 927

to acquire Tract #2, on which to develop civic improvements; and Whereas, the State Properties Commission, acting on behalf of the State of Georgia, has obtained appraisals of said property, and Whereas, the Chattanooga Chamber Foundation has made firm offer to purchase Tract #2 for $324,000, which amount equals the lowest appraisal of the value of said tract; and Whereas, the Chattanooga Housing Authority, under its purchase procedure, can only offer the State of Georgia a purchase price based on obtaining complete interest in the property; and Whereas, both Tracts #1 and #3 are currently subject to certain leases and subleases, the value of which has not been agreed upon by said lessees and sublessees; and Whereas, it could be to the benefit of the State of Georgia to negotiate with said lessees and sublessees and with the Chattanooga Housing Authority concerning the purchase by the Chattanooga Housing Authority of Tracts #1 and #3, to obtain a net value to the State which could be submitted to the 1978 Session of the Georgia General Assembly for its consideration for sale. 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 by appropriate instrument all of herein described Tract #2 of the State-owned real property and existing improvements thereto, to the Chattanooga Chamber Foundation, for a consideration of $324,000 upon such terms and conditions as shall be prescribed by the State Properties Commission. Be it further resolved by the General Assembly of Georgia that the State Properties Commission, acting for and on behalf of the State of Georgia, is hereby authorized to negotiate with the lessees and sublessees of Tracts #1 and #3 of such State-owned

Page 928

Page 930

property located in Chattanooga, Tennessee, and with the Chattanooga Housing Authority, and to make recommendations to the 1978 General Assembly of Georgia concerning such actions as may be necessary so that said Tracts #1 and #3 may be sold to the Chattanooga Housing Authority following the adoption of an appropriate Resolution by the General Assembly of Georgia. Approved March 23, 1977. SENATE COMMITTEE ON ECONOMY, REORGANIZATION AND EFFICIENCY ABOLISHED. No. 12 (Senate Resolution No. 7). A Resolution. To repeal a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, approved February 12, 1963 (Ga. L. 1963, p. 486), as amended by a Resolution approved March 25, 1964 (Ga. L. 1964, p. 744), and by a Resolution approved April 25, 1975 (Ga. L. 1975, p. 1327); to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia that a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, approved February 12, 1963 (Ga. L. 1963, p. 486), as amended by a Resolution approved March 25, 1964 (Ga. L. 1964, p. 744), and by a Resolution approved April 25, 1975 (Ga. L. 1975, p. 1327), is hereby repealed in its entirety. Be it further resolved that this Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Be it further resolved that all laws and parts of laws in conflict herewith are repealed. Approved March 23, 1977. SERVICES FOR THE AGED STUDY COMMITTEE CREATED. No. 13 (Senate Resolution No. 27). A Resolution. Creating the Services for the Aged Study Committee; and for other purposes. Whereas, Senate Resolution 419 of the regular 1976 Session of the Georgia General Assembly created a Services for the Aged Study Committee to function during 1976; and Whereas, the Services for the Aged Study Committee held public hearings across the State during 1976 and prepared a comprehensive report with recommendations for needed actions by the State; and Whereas, members of the Services for the Aged Study Committee recognized that the Committee's work during 1976 was only a small beginning toward a comprehensive program of services for the aged in Georgia; and Whereas, based on the work performed by the Services for the Aged Study Committee during 1976, the General Assembly recognizes the need for continued study of services for the aged, especially in the areas of home care and social services, mandatory retirement laws, transportation, housing and energy, consumer affairs, protective services, employment, and clarification of federal rules and regulations; and Whereas, meeting the needs of Georgia's elderly citizens is of such great importance requiring optimum legislative input and study.

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Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Services for the Aged Study Committee to be composed of five members of the Senate to be appointed by the President of the Senate and five members of the House to be appointed by the Speaker of the House. The Committee shall study the work and report of the Services for the Aged Study Committee of 1976, and shall conduct a thorough study of the needs of the aged, devoting particular attention to the following areas: (1) health care and social services; (2) mandatory retirement laws; (3) transportation; (4) housing and energy; (5) consumer affairs; (6) protective services; (7) employment; (8) clarification and simplification of federal rules and regulations applicable to the aged; (9) adequacy of the training of professionals providing health care services, social services, and other services to the elderly; and (10) such other areas which the Committee deems appropriate for study. The President of the Senate shall appoint the chairman of the Committee, and the Speaker of the House shall appoint the vice chairman of the Committee. The Committee shall meet upon the call of the chairman. The Committee shall be authorized to study and review existing programs serving the elderly and the means by which improved services can be

Page 933

developed, to prepare legislation necessary to improve on existing services, and to study budget proposals necessary to improve on existing services and to implement such improved services. The Committee is further authorized to conduct meetings at such places, including places without the State, and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the Committee shall receive the compensation and allowances provided by law for legislative members of interim legislative committees. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government. The Committee shall publish its findings in a report and shall submit such report to the General Assembly not later than January 1, 1978, at which time the Committee shall stand abolished. Such report shall contain recommendations as to the institution of new programs to meet the needs of the aged along with recommendations as to how to facilitate participation of the aged in any new or standing programs. Approved March 23, 1977. SALVAGE OF PAPER IN THE CAPITOL COMPLEX AUTHORIZED. No. 15 (Senate Resolution No. 83). A Resolution. Requiring the salvage of recyclable paper in the Capitol Complex and providing for the implementation of a salvage program; and for other purposes. Whereas, the State of Georgia has the responsibility to seek out and adopt measures to conserve and protect the natural and financial resources of the State and minimize the environmental impact of solid waste disposal; and

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Whereas, extensive research and study has determined that most waste paper fiber generated in the performance of the State's business is disposed of in a manner which contributes to environmental pollution while the feasibility of fiber recovery for recycling has been clearly demonstrated; and Whereas, the recycling of waste paper is an important energy and material resource conservation effort and is an important supplement to the supply of pulp and paper products for use by Georgia industries and citizens; and Whereas, an Executive Order was issued by then Governor Carter on June 17, 1974, calling for the implementation of a paper fiber recovery program in all areas of the Capitol Complex, and Whereas, this Order has not been implemented at all in the Capitol itself and has not been fully implemented in many other buildings in the Capitol Complex; and Whereas, of the approximately 50,000 pounds of salvageable waste paper produced each month by offices in the Capitol Complex, only 20,000 pounds are presently recovered; and Whereas, the State is presently being paid approximately $300 per month for this paper, and it is estimated that this figure would be substantially increased with full implementation; and Whereas, procedures have been developed by which this program could be fully implemented in all buildings in the Capitol Complex. Now, therefore, be it resolved by the General Assembly of Georgia that all recyclable paper fiber generated on State-owned property in the Capitol Complex be salvaged for recycling. Be it further resolved that the Commissioner of Natural Resources and the Commissioner of Administrative Services,

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in cooperation with the Director of the Georgia Building Authority, shall: (1) Design and provide for a system to be implemented for the separate collection and removal of waste paper fibers from supportive services and other large-volume generation areas; (2) Provide for the distribution of containers throughout the State offices so that all officers, officials and employees have access to the paper recycling system, thus providing for their active participation; (3) Within 90 days, fully implement the paper fiber recovery program in all areas of the Capitol Complex; (4) Provide for the placement of containers so that all officers, officials and employees may voluntarily contribute home-generated paper to the State effort; and (5) Review and revise purchasing specifications for products manufactured from paper fiber in order to provide for greater State use of recycled fiber. Be it further resolved that the Director of the Georgia Building Authority shall be authorized to exempt from the provisions of this Resolution any area of the Capitol Building, provided that he first determines that the cost of implementing said Resolution in such area exceeds the income derived from implementing said Resolution in such area. Be it further resolved that all officials, officers and employees take the necessary steps to assure that waste paper fiber is recovered. Be it further resolved that the Director of the Georgia Building Authority shall coordinate paper recycling and recommend modifications in solid waste management facilities to provide for paper fiber recovery. Be it further resolved that, for any time during which the General Assembly is in regular or special session, the Secretary of the Senate shall have the authority to exempt the Senate

Page 936

Chamber from the provisions of this Resolution if he determines that the implementation thereof would severely impact the efficiency of the Senate, and the Clerk of the House of Representatives shall have the authority to exempt the House Chamber from the provisions of this Resolution if he determines that the implementation thereof would severely impact the efficiency of the House of Representatives. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to the Commissioner of Natural Resources, the Commissioner of Administrative Services and the Director of the Georgia Building Authority. Approved March 23, 1977. MENTAL DISABILITY LAWS STUDY COMMITTEE CREATED. No. 16 (Senate Resolution No. 92). A Resolution. Creating the Mental Disability Laws Study Committee; and for other purposes. Whereas, increasing attention has been focused during recent years on protecting the legal rights of the mentally disabled, particularly in connection with involuntary hospitalization procedures; and Whereas, Federal Court decisions subsequent to the enactment of Georgia's present mental disability laws have held that involuntary patients are entitled to a number of procedural safeguards; and Whereas, the need exists to compile, consolidate and revise the laws relating to mental health, mental retardation and drug and alcohol abuse to comply with these constitutional requirements

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and other practical problems in the statutory application. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Mental Disability Laws Study Committee to be composed of nine 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 three members to be appointed by the Governor. The Committee shall be authorized to study and review the State laws relating to mental health, mental retardation and drug and alcohol abuse, specifically, but not limited to Georgia Code Chapters 88-4, 88-5 and 88-25, and to prepare proposed legislation to compile, consolidate and revise these laws as necessary. The Committee is further authorized to conduct meetings and public hearings at such places and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The Department of Human Resources is authorized to furnish such assistance to the Committee as the Committee deems appropriate, and the Department is further authorized to employ consultants to assist the Committee. Legislative members and citizen members, if any, shall receive the expenses and allowances authorized by law for members of interim legislative committees for their services on the Committee. Members of the Committee who are State officials, other than legislative members, and State employees shall receive no compensation for their services on the Committee, 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, other than legislative members, and State employees shall come from funds appropriated to or otherwise available to their respective departments. All other 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

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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 March 23, 1977. POWER PLANT SITING STUDY COMMITTEE CREATED. No. 17 (Senate Resolution No. 99). A Resolution. Creating the Power Plant Siting Study Committee; and for other purposes. 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 country 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

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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 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 1978 regular session of the General Assembly, at which time the committee shall stand abolished. Approved March 23, 1977. EASEMENTS GRANTED TO SAVANNAH ELECTRIC AND POWER CO. AND SOUTHERN NATURAL GAS CO. No. 18 (Senate Resolution No. 111). A Resolution. Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Savannah Electric and Power Company, a Georgia public service corporation, an easement for the construction, operation and maintenance of a barge unloading facility, an intake structure and a discharge structure, including the right to erect, install, repair, remove and replace dolphins, pipes and appurtenances thereto in, on, over, across or under certain property owned or claimed by the State, situate in the Savannah River, Effingham

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County, Georgia, and authorizing the removal of material from State-owned property in the construction of the intake and discharge structures and the conveyance of such material to Savannah Electric and Power Company; to authorize the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Southern Natural Gas Company, a Delaware corporation domesticated in the State of Georgia, its successors and assigns, easements in, over, under, across and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, relocation, removal and replacement of facilities and improvements to be used for or in connection with the importing, receiving, storage, regasification or manufacture of liquefied natural gas or synthetic natural gas, and the transmission of gas after regasification or manufacture thereof, in across, under, over and through such State-owned property; and for other purposes. Whereas, Savannah Electric and Power Company, in connection with the construction of its electric power generating plant in Effingham County, Georgia, heretofore on August 18, 1971, entered into a Mineral Lease with the State of Georgia, acting by the through the Mineral Leasing Commission, under which Savannah Electric and Power Company removed and paid the State adequate compensation for approximately 79,000 cubic yards of river bottom material in anticipation of constructing a barge unloading facility; and Whereas, Savannah Electric and Power Company heretofore on August 14, 1974, entered into a revocable rental agreement with the State of Georgia, acting by and through the State Properties Commission, to enable it to construct and maintain such barge unloading facility but desires, prior to expending money to complete construction of the same, to have an irrevocable easement therefor; and Whereas, said barge unloading facility is the subject of U.S. Army Corps of Engineers' permit number SASKS 074 OYN 755; and Whereas, as an appurtenant part of the operation of such

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electric power generating plant, Savannah Electric and Power Company requires an intake structure and a discharge structure for the flow of condenser cooling water from and into Savannah River, which structures are the subject of U. S. Army Corps of Engineers' permit numbers SASKS 074 OYN 773 and 774, and Savannah Electric and Power Company desires to have an irrevocable easement therefor; 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 river bottom material in the construction of such intake and discharge structures in consideration of the monetary sum specified herein and for the further consideration of the easement containing such terms and containing as the State Properties Commission shall determine to be in the best interests of the State of Georgia; and Whereas, in addition to the foregoing, Southern Natural Gas Company, a Delaware corporation domesticated in the State of Georgia, and its wholly-owned subsidiary, Southern Energy Company, also a Delaware corporation domesticated in the State of Georgia, have constructed, are constructing and propose to construct on or near, extending to or from or in the vicinity of Elba Island in Chatham County, Georgia, improvements and facilities which are to be used for or in connection with the importation, receiving, storage, regasification or manufacture of liquefied natural gas or synthetic natural gas, and for the transmission of gas after regasification or manufacture thereof; and Whereas, such facilities and improvements consist of, among other things, certain improvements and facilities which of necessity cross through or otherwise involve the use or occupancy of land owned by the State of Georgia, namely: (a) an access roadway which has been constructed extending from Islands Expressway to Elba Island with bridges crossing Habersham Creek and the South Channel of the Savannah River; (b) a certain mooring and docking facility which has been constructed extending northeastward from the northeast side of Elba Island into the Savannah River; (c) two parallel pipelines which have been constructed extending from Elba

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Island to Port Wentworth (along a route which is partially in Chatham County, Georgia, and partially in Jasper County, South Carolina) crossing en route the Savannah River, Barnwell Island, Middle River, Little Back River, Front River and Augustine Creek; (d) a certain turning basin proposed to be constructed now in the Savannah River at approximately River Mile 7 northeast of Elba Island and which is necessary for the accommodation of the large tankers that will be transporting liquefied natural gas to Elba Island, (e) two or more additional mooring and docking facilities proposed to be constructed in the future extending northeastward into the Savannah River from the northeast side of Elba Island to provide additional berthing space for the tankers containing the liquefied natural gas; and (f) some additional navigational improvements to be made in the Savannah River upstream of the aforesaid turning basin and between Elba Island and the present navigational channel in order to provide and maintain sufficient depth for the tankers containing the liquefied natural gas to have access to the existing and proposed mooring and docking facilities on the northeastern side of Elba Island; and Whereas, the State of Georgia claims title to Barnwell Island situated in Chatham County, Georgia, and to the beds of all waterways and marshlands within boundaries of the State of Georgia over, through and across or under which the said above named improvements and facilities have been or are to be constructed; and Whereas, except as provided by legislative act, the State Properties Commission may grant only a revocable license for the construction and maintenance of such improvements and facilities under, over, through or across State-owned properties, for any term exceeding one year; and Whereas, the 1973 General Assembly of the State of Georgia by Resolution, approved April 6, 1973 (Ga. L. 1973, p. 321), authorized the State Properties Control Commission, by its Chairman, for and on behalf of the State of Georgia, for a consideration of $1000.00 to convey to the aforementioned Southern Natural Gas Company, its successors and assigns, easements with the right and privilege for itself, its successors and assigns, and its wholly owned subsidiary, Southern

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Energy Company, to use, occupy, employ and enjoy for the purposes of constructing, installing, operating, maintaining, repairing, removing and replacing any and all facilities and improvements reasonably necessary for or in connection with the receiving, storage, regasification or manufacture of liquefied natural gas or synthetic natural gas, and for the transmission of gas after regasification or manufacture thereof across, under, over and through certain lands owned or claimed by the State of Georgia which were identified and specifically described in the said 1973 Resolution of the General Assembly of Georgia, including specifically easements for the aforementioned access roadway, the aforementioned initial mooring and docking facility and the aforementioned pipelines; and Whereas, by two certain instruments of grant dated respectively, May 20, 1974, and August 1, 1974, and recorded in the Office of Clerk of Superior Court of Chatham County, Georgia, in Deed Book 104-N, at pages 481 and 499, respectively, the State Properties Commission (successor in law to the State Properties Control Commission) did, by its Chairman for and on behalf of the State of Georgia, (for the consideration of $1,000.00) convey to Southern Natural Gas Company, its successors and assigns, easements over, under, through and across certain lands owned or claimed by the State of Georgia situated in Chatham County, Georgia, specifically described in the said instruments of grant, for the aforementioned access roadway which was thereafter constructed, the aforementioned initial mooring and docking facility which was thereafter constructed and the aforementioned pipelines which were thereafter constructed, all as authorized by the aforementioned 1973 Resolution of the General Assembly of Georgia, approved April 6, 1973 (Ga. L. 1973, p. 321); and Whereas, the lands which were specifically described in the aforementioned 1973 Resolution of the General Assembly of Georgia and the aforementioned nonexclusive easements dated, respectively, May 20, 1974, and August 1, 1974, do not encompass within their boundaries all of the land owned by the State of Georgia that will reasonably be used or occupied by the aforementioned turning basin now proposed for

Page 944

construction, nor all of the land owned by the State of Georgia which will be used or occupied by the aforementioned proposed mooring and docking facilities and by the aforementioned proposed additional navigational improvements, all of which said proposed facilities and improvements will be located in or extending into the bed or bottom of the Savannah River northeast of Elba Island within a radius of one (1) mile from a point on Elba Island having Georgia Plane Coordinate Values X = 862,904.92 feet and Y = 760,517.55 feet; and Whereas, the aforementioned Southern Natural Gas Company desires to obtain easements from the State of Georgia, for all of those aforementioned proposed facilities not yet constructed, similar to the easements which were granted to it by the State of Georgia for the aforementioned access road, pipelines and existing docking and mooring facility; and Whereas, the State of Georgia desires to cooperate with Southern Natural Gas Company in its efforts to obtain and have available for serving its customers, additional sources and more abundant supplies of energy, and the State of Georgia is willing to grant and convey such additional easements in consideration of the monetary sum specified herein, and for the further consideration of the easements containing such terms and conditions as the State Properties 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 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 Savannah Electric and Power Company, a Georgia public service corporation, 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 barge unloading facility, including the right to install, repair, remove and replace dolphins, pilings and appurtenances thereto, an intake structure and a discharge structure, including the right to install, remove and replace pipes and appurtenances thereto, and all in connection therewith,

Page 945

on the South bank of the former main channel of Savannah River across said channel from Big Kiffer Point for the barge unloading facility, and on the Southwest bank of Savannah River South of Mile 43 Marker for the intake structure and the discharge structure, in the areas hereinafter more fully described, subject always to the initial and continuing compliance by Savannah Electric and Power Company 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 over, under, upon and across the following described property, to wit: ALL that area in Effingham County, Georgia, channelward of the high water mark on the South bank of the former main channel of Savannah River between Georgia Coordinate System East zone `y' coordinate base lines E 807,000 and E 808,000; all as more particularly shown on sheet one of the plat entitled `Location Map Proposed Oil Unloading and Storage FacilitiesEffingham Station Unit 1Effingham CountyApplication by Savannah Electric and Power CompanySavannah, Georgia' dated October 1972, revised December 1973, a copy of which is on file in the Office of the Commissioner of the Georgia Department of Natural Resources. and also ALL that area in Effingham County, Georgia, extending not more than 100 feet channelward of the high water mark on the Southwest bank of Savannah River and not more than 80 feet in width for utilization as an intake structure, the center point of which is Georgia Coordinate System East zone `y' N 859,071.49 E 808,489.47; all as more particularly shown on sheet one of the plat entitled `Proposed Construction Intake StructureEffingham StationUnit 1Effingham CountyApplication by Savannah Electric and Power CompanySavannah, Georgia, dated March 1, 1972, revised February, 1973, and January, 1975, and on sheet two of sketch entitled `Proposed Construction Intake StructureEffingham StationUnit 1Effingham CountyApplication by Savannah Electric and Power CompanySavannah, Georgia' dated March, 1972, revised February 19, 1973, and

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August, 1973, copies of which are on file in the Office of the Commissioner of the Georgia Department of Natural Resources. and also ALL that area in Effingham County, Georgia, extending not more than 150 feet channelward of the high water mark on the Southwest bank of Savannah River and not more than 80 feet in width for utilization as a discharge structure, the center point of which is Georgia Coordinate System East zone `y' N 858,769.82 E 808,879.87; all as more particularly shown on sheet one of the plat entitled `Proposed Construction Intake StructureEffingham StationUnit lEffingham CountyApplication by Savannah Electric and Power CompanySavannah, Georgia' dated March 1, 1972, revised February, 1973, and January, 1975, and on sketch entitled `Proposed Construction Discharge StructureEffingham StationUnit lEffingham CountyApplication by Savannah Electric and Power CompanySavannah, Georgia' dated July, 1973, revised August, 1973, copies of which are on file in the Office of the Commissioner of the Georgia Department of Natural Resources., and to grant to Savannah Electric and Power Company the right to dredge and remove from the two preceding easement areas approximately 350 cubic yards of river bottom materials in connection with the construction and installation of said intake structure and approximately 75 cubic yards of river bottom materials in connection with the construction and installation of said discharge structure. Be it further resolved that upon ascertaining that the sum of $1,000.00 for said easement 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.

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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 Savannah Electric and Power Company, its successors and assigns, continue to maintain and operate said facilities, and should said facilities be abandoned or the use thereof discontinued, said easement shall terminate. Be it further resolved that supplementary of and in addition to the easements which were authorized by the 1973 General Assembly of Georgia by Resolution, approved April 6, 1973 (Ga. L. 1973, p. 321), the State Properties Commission, by its Chairman for and on behalf of the State of Georgia, is hereby authorized for and in consideration of the premises and the payment into the General Treasury of the State of Georgia of the additional sum of five thousand and no/100 dollars ($5,000.00) to convey to Southern Natural Gas Company, a Delaware Corporation domesticated in the State of Georgia, its successors and assigns, easements with the right and privilege for itself, its successors and assigns, and its whollyowned subsidiary, Southern Energy Company, to use, occupy, employ and enjoy for the purposes of constructing, installing, operating, maintaining, repairing, relocating, removing and replacing any and all facilities and improvements that shall be reasonably necessary for or in connection with the importing, receiving, storage, regasification or manufacture of liquefied natural gas or synthetic natural gas, and for the transmission of gas after regasification or manufacture thereof across, under, over, through and in the bed or bottom of the Savannah River and the South Channel in Chatham County, Georgia, within a radius of one (1) mile from a point on Elba Island having Georgia Plane coordinate Values X=862,904.92 feet and Y=760,517.55 feet; and without limitation to the generality of the foregoing, including specifically an easement to construct and maintain a turning basin of sufficient size and depth to accommodate the large tankers that will be bringing liquefied natural gas to Elba Island, and easements for the construction and maintenance of any and all other and further navigational improvements that may be needed to provide convenient access to Elba Island for the said tankers and other vessels, and easements for one or more additional mooring and docking facilities extending northeastward from the northeast side of Elba Island into

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the Savannah River within one (1) mile radius aforesaid; subject always to their initial and continuing compliance with all applicable laws pertaining to the subject matter hereof and to the properties affected hereby, and subject always to the use and enjoyment by the public of all waterways and marshlands involved herein. The State Properties Commission will provide a description of the premises of each such easement conveyed. Be it further resolved that such easements are made only for the purposes aforesaid and shall continue only so long as Southern Natural Gas Company, its successors and assigns, continue to maintain and operate said facilities, and should said facilities be abandoned or the use thereof discontinued, such easements shall terminate. Approved March 23, 1977. JOINT HIGHWAY LITTER STUDY COMMITTEE CREATED. No. 19 (Senate Resolution No. 123). A Resolution. Creating the Joint Highway Litter Study Committee; and for other purposes. Whereas, there has been increasing public concern about the environmental and public safety impact of litter on our highways and public lands; and Whereas, the State of Georgia expends two million dollars yearly for litter collection on public rights-of-way; and Whereas, several parties have taken a leadership role in developing alternatives for litter reduction; and Whereas, it is appropriate that a Joint Committee of the

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House and Senate investigate the legislative alternatives in the area of litter reduction. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Joint Highway Litter Study Committee to be composed of three members of the Senate to be appointed by the President of the Senate and three members of the House of Representatives to be appointed by the Speaker of the House. In addition, the Governor shall appoint to the Committee a representative from each of the following: the Department of Transportation and the Environmental Protection Division of the Department of Natural Resources. The Committee shall elect a chairman from among its membership. Be it further resolved that the Committee is authorized to do all things it deems necessary to investigate and study the economic, environmental and public safety issues involved with the reduction of litter in this State. To further its knowledge, the Committee may consult with experts and persons with practical knowledge of the subjects being studied. Be it further resolved that 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 15 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 1978 session of the General Assembly of Georgia, at which time the Committee shall stand abolished. Approved March 23, 1977.

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PUBLIC SCHOOL CURRICULUM STUDY COMMITTEE CONTINUED. No. 20 (Senate Resolution No. 129). A Resolution. Continuing 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 guarantee further growth and development; and Whereas, the curriculum forms the basis of the educational experience and is directed by the schools; and Whereas, society has given the public school system the responsibility for preparing the individual for lifelong learning; and Whereas, the Curriculum Study Committee began detailed research of the Curriculum during the 1976 interim of the Georgia General Assembly; and Whereas, the Curriculum Study Committee, created by House Resolution 861 during the 1976 Session of the Georgia General Assembly, has faithfully carried out its duties to study and review the various curriculum requirements, but has found the area of inquiry so vast as to require further study and review by said Committee to insure that adequate information is obtained to make more meaningful recommendations as to needed changes or modifications. Now, therefore, be it resolved by the General Assembly of Georgia, that there is hereby continued 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

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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 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 expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each legislative member of the Committee shall receive the expenses and allowances authorized by law for members of legislative interim committees for service on the Committee. The State officer and employee members of said Committee shall receive no compensation for their services, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the Committee. The remaining

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members of the Committee shall receive no compensation from State funds for their services, but shall be reimbursed for their actual and necessry 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, 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 March 23, 1977. CHATTAHOOCHEE JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEY'S COMPENSATION CHANGED. No. 526 (House Bill No. 1027). An Act to amend an Act abolishing the fee system in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, approved August 20, 1917 (Ga. L. 1917, p. 283), as amended by an Act approved August 7, 1920 (Ga. L. 1920, p. 431), an Act approved August 20, 1927 (Ga. L. 1927, p. 741), an Act approved March 6, 1945 (Ga. L. 1945, p. 896), an Act approved February 26, 1947 (Ga. L. 1947, p. 137), an Act approved February 25, 1949 (Ga. L. 1949, p. 1673), an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2977), an Act approved February 17, 1966 (Ga. L. 1966, p. 18), and an Act approved March 18, 1969 (Ga. L. 1969, p. 99), so as to change the compensation of the assistant district attorney; 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 abolishing the fee system in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, approved August 20, 1917 (Ga. L. 1917, p. 283), as amended by an Act approved August 7, 1920 (Ga. L. 1920, p. 431), an Act approved August 20, 1927 (Ga. L. 1927, p. 741), an Act approved March 6, 1945 (Ga. L. 1945, p. 896), an Act approved February 26, 1947 (Ga. L. 1947, p. 137), an Act approved February 25, 1949 (Ga. L. 1949, p. 1673), an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2977), an Act approved February 17, 1966 (Ga. L. 1966, p. 18), and an Act approved March 18, 1969 (Ga. L. 1969, p. 99), is hereby amended by striking section 2A in its entirety and substituting in lieu thereof a new section 2A to read as follows: Section 2A. The District Attorney of the Chattahoochee Judicial Circuit is hereby authorized to appoint an assistant district attorney who shall assist the District Attorney in carrying out his duties and functions in the superior court of Muscogee County. Said assistant district attorney shall serve at the pleasure of the District Attorney of the Chattahoochee Judicial Circuit. In carrying out his functions and duties in the superior court of Muscogee County, said assistant district attorney shall be clothed with all the authority of the District Attorney. Said assistant district attorney shall be compensated in an amount not less than $16,000.00 per annum nor more than $20,000.00 per annum, said amount to be determined by the District Attorney and to be paid in equal monthly installments from the funds of Muscogee County. The assistant district attorney authorized pursuant to this section shall devote his full time to the duties of his office and shall not otherwise engage in the practice of law during his tenure of office. 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1977 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant District Attorney of Muscogee County, Ga., approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation of said office; to provide an effective date for said changes of compensation; and to repeal conflicting laws; and for other purposes. This 18th day of January, 1977. Thomas B. Buck III Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattachoochee County, on the following dates: January 22, February 10 and 14, 1977. /s/ Thomas B. Buck Representative, 95th District Sworn to and subscribed before me, this 16th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1977 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant

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District Attorney of Muscogee County, Ga., approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation of said office; to provide an effective date for said changes of compensation; and to repeal conflicting laws, and for other purposes. This 18th day of January, 1977. Thomas B. Buck III Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following dates: January 20, 27 and February 3, 1977. /s/ Thomas B. Buck Representative, 95th District Sworn to and subscribed before me, this 16th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1977 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant District Attorney of Muscogee County, Ga., approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation

Page 956

of said office; to provide an effective date for said changes of compensation; and to repeal conflicting laws, and for other purposes. This 18th day of January, 1977. Thomas B. Buck III Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Patriot-Citizen which is the official organ of Marion County, on the following dates: January 20, 27 and February 3, 1977. /s/ Thomas B. Buck Representative, 95th District Sworn to and subscribed before me, this 16th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1977 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant District Attorney of Muscogee County, Ga., approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation of said office; to provide an effective date for said changes of

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compensation; and to repeal conflicting laws, and for other purposes. This 18th day of January, 1977. Thomas B. Buck III Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following dates: January 22, 28 and February 4, 1977. /s/ Thomas B. Buck Representative, 95th District Sworn to and subscribed before me, this 16th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1977 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant District Attorney of Muscogee County, Ga., approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation of said office; to provide an effective date for said changes of compensation; and to repeal conflicting laws, and for other purposes. This 18th day of January, 1977. Thomas B. Buck III

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era which is the official organ of Talbot County, on the following dates: January 20, 27, and February 3, 1977. /s/ Thomas B. Buck Representative, 95th District Sworn to and subscribed before me, this 16th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1977 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant District Attorney of Muscogee County, Ga., approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation of said office; to provide an effective date for said changes of compensation; and to repeal conflicting laws, and for other purposes. This 18th day of January, 1977. Thomas B. Buck III Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck who, on oath, deposes and says that he is Representative from the 95th District,

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and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Taylor County News which is the official organ of Taylor County, on the following dates: January 20, 27 and February 3, 1977. /s/ Thomas B. Buck Representative, 95th District Sworn to and subscribed before me, this 16th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. ALCOVY JUDICIAL CIRCUITEXPENSE ALLOWANCE FOR SUPERIOR COURT JUDGE PROVIDED. No. 545 (House Bill No. 1067). An Act to provide for an expense allowance for the Judge of the Superior Court of the Alcovy Judicial Circuit from the funds of Walton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the salary and contingent expense allowance payable from State funds, the Judge of the Superior Court of the Alcovy Judicial Circuit shall receive, effective July 1, 1977, an expense allowance of $250.00 per month, and effective July 1, 1979, an expense allowance of $300.00 per month, payable from the funds of Walton County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the regular session of the 1977 General Assembly of Georgia, there will be introduced the following legislation: A bill to provide for personnel, salaries, expenses and allowances and change in the compensation of the Judge of the Superior Court of the Alcovy Judicial Circuit; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Date: December 28, 1976. Name: Thomas W. Ridgway, Alcovy Circuit Judge. Notice of Intention to Introduce Local Legislation. Notice is hereby given the at the regular session of the 1977 General Assembly of Georgia, I will introduce the following legislation: A bill to provide for personnel, salaries, expenses and allowances in the office of the District Attorney of the Alcovy Judicial Circuit; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Date: December 28, 1976. Affadivit of Publication. Walton County, Georgia. I, Barry Merrill, Publisher of The Walton Tribune, a Newspaper of general distribution in Monroe, Walton, Georgia, do certify that the above attached Legal Notice was published in The Walton Tribune on January 6th, 13th, and 20th 1977. I further

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certify the The Walton Tribune is the official Newspaper for publication of legal ads in Walton County, Georgia. This 22nd day of February, 1977. /s/ Barry Merrill Publisher, The Walton Tribune Sworn to and subscribed before me, this 22nd day of February, 1977. /s/ Hazel M. Prather Notary Public (Seal). Approved March 23, 1977. ACT PROVIDING FOR THE REVIEW, CONTINUATION, REESTABLISHMENT OR TERMINATION OF REGULATORY AGENCIES. No. 613 (Senate Bill No. 4). An Act to provide for the review, continuation, reestablishment or termination of certain regulatory agencies of the executive branch of the State government; to provide for a short title; to provide for a definition; to provide for procedures and requirements; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies. Section 2. Findings and Purpose. The General Assembly finds that the need for and the effectiveness of many regulatory agencies which have been created in the State of Georgia have

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not been systematically evaluated. It is the purpose of this Act to establish a procedure for the systematic review of regulatory agencies to the end that those which do not serve the public interest shall be terminated and that others which do serve a public need shall be continued or modified to increase their effectiveness and efficiency. Section 3. Regulatory Agency Defined. As used in this Act, unless the context clearly requires otherwise, regulatory agency means any agency specified in section 7 of this Act and any department, division, board, bureau, commission or other agency of the executive branch of the State government created by law after January 1, 1977, which is created for the purpose of licensing or otherwise regulating or controlling any profession, business or trade. Section 4. Legislative Review. (a) Prior to termination, continuation or reestablishment of any regulatory agency, the appropriate standing committee of each house of the General Assembly, as determined by the respective presiding officers of such houses, shall hold public hearings to receive testimony from the public and from the officials of the regulatory agency involved relative to the need for and the effectiveness and efficiency of the regulatory agency; and at such hearings, the regulatory agency shall have the burden of demonstrating a public need for its continued existence. (b) The determination as to whether a regulatory agency has demonstrated a public need for its continued existence shall take into consideration, among others, the following factors: (1) whether the absence of regulation would significantly harm, affect or endanger the public health, safety or welfare; (2) whether there is a less restrictive method of regulation available which would adequately protect the public; (3) the extent to which the regulatory agency has permitted qualified applicants to serve the public; (4) the extent to which affirmative action requirements of State and federal statutes and constitutions have been complied

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with by the regulatory agency or the profession, business or trade it regulates; (5) the extent to which the regulatory agency has operated in the public interest and the extent to which its operation has been impeded or enhanced by existing statutes, procedures, practices and rules and regulations, and any other circumstances, including budgetary, resource and personnel matters; (6) the extent to which the regulatory agency has recommended statutory changes to the General Assembly which would benefit the public as opposed to the persons it regulates; (7) the extent to which the regulatory agency has required the persons it regulates to report to it concerning the impact of rules and decisions of the regulatory agency on the public regarding improved service, economy of service and availability of service; (8) the extent to which persons regulated by the regulatory agency have been required to assess problems in their profession, business or trade which affect the public; (9) the extent to which the regulatory agency has encouraged participation by the public in making its rules and decisions as opposed to participation solely by the persons it regulates; (10) the efficiency with which formal public complaints filed with the regulatory agency concerning persons subject to regulation have been processed to completion by the regulatory agency; and (11) the extent to which changes are necessary in the enabling laws of the regulatory agency to adequately comply with the factors listed in this subsection. Section 5. Performance Audit. The Legislative Services Committee shall cause the State Auditor to conduct a performance audit of each regulatory agency scheduled for termination in accordance with section 7 of this Act. The performance audit shall be completed by the first day of January immediately preceding the date established for termination of the regulatory agency and presented to the appropriate standing committee of each house of

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the General Assembly to which the review of the regulatory agency scheduled for termination has been assigned. Section 6. Conforming Laws to Termination, Continuation or Reestablishment; Reports. (a) If the legislative review process required by section 4 of this Act results with a determination that: (1) the regulatory agency involved shall be allowed to terminate as scheduled, then the committees completing the review shall have prepared proposed legislation which may be necessary, if any, to conform related laws to the termination of the regulatory agency; or (2) the regulatory agency involved shall be continued or reestablished, then the committees completing the review shall have prepared proposed legislation necessary to accomplish such continuation or reestablishment, and a separate bill shall be prepared for each regulatory agency continued or reestablished. (b) The committees completing the legislative review required by section 4 of this Act shall issue a report of their findings and recommendations to the Governor, to the regulatory agency involved and to each member of the General Assembly. Such report shall include as an attachment thereto copies of any proposed legislation prepared pursuant to the requirements of subsection (A) of this section. Section 7. Termination of Regulatory Agencies. (a) Unless reestablished or continued in accordance with the provisions of section 9 of this Act, the following regulatory agencies shall be terminated on July 1, 1978, and the laws relating to such agencies, as indicated below, shall be repealed in their entirety effective on the date specified in section 8 of this Act. (1) The Georgia Auctioneers Commission. Code Chapter 84-3A, relative to auctioneers and apprentice auctioneers. (2) The State Board of Geologists Examiners. Code Chapter 84-21A, known as the Registration of Geologists Act of 1975, as amended.

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(3) The Employment Agency Advisory Council. An Act known as the Private Employment Agencies Act, approved March 21, 1974 (Ga. L. 1974, p. 567). (4) The State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators. An Act known as the Certification of Water and Wastewater Treatment Plant Operators Act, approved April 8, 1969 (Ga. L. 1969, p. 272), as amended. An Act amending an Act known as the Certification of Water and Wastewater Treatment Plant Operators Act, approved April 24, 1975 (Ga. L. 1975, p. 1074). (5) The Board of Hearing Aid Dealers and Dispensers. An Act known as the Georgia State Hearing Aid Dealers and Dispensers Act, approved March 24, 1970 (Ga. L. 1970, p. 653). (6) The State Building Administrative Board. An Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. L. 1969, p. 546), as amended. (7) The Georgia Franchise Practices Commission. Code Chapter 84-66, known as the Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act (Ga. L. 1976, p. 1440). (8) The State Board of Examiners of Speech Pathology and Audiology. An Act known as the Georgia State Speech Pathology and Audiology Act, approved March 26, 1974 (Ga. L. 1974, p. 1009), as amended. (9) The Georgia Board of Occupational Therapy. An Act known as the Georgia State Occupational Therapy Licensing Act, approved March 31, 1976 (Ga. L. 1976, p. 993). (10) The State Board of Registration for Professional Soil Classifiers. An Act regulating professional soil classifying, approved April 7, 1976 (Ga. L. 1976, p. 1654). (b) Unless reestablished or continued in accordance with the provisions of section 9 of this Act, the following regulatory agencies

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shall be terminated on July 1, 1980, and the laws relating to such agencies, as indicated below, shall be repealed in their entirety effective on the date specified in section 8 of this Act. (1) The Georgia State Board of Electrical Contractors. An Act known as the Georgia Electrical Contractors Act, approved April 8, 1971 (Ga. L. 1971, p. 583), as amended. (2) The Georgia Board of Private Detective and Security Agencies. An Act known as the Georgia Private Detective and Private Security Agencies Act, approved March 12, 1973 (Ga. L. 1973, p. 40), as amended. (3) The Georgia Marriage and Family Counselor Licensing Board. An Act known as the Marriage and Family Counselor Licensing Act, approved March 24, 1976 (Ga. L. 1976, p. 659). (4) The Board of Recreation Examiners of the State of Georgia. An Act creating the Board of Recreation Examiners of the State of Georgia, approved March 8, 1968 (Ga. L. 1968, p. 137), as amended. (5) Georgia State Board of Funeral Service. An Act creating and establishing a Board of Funeral Service, approved February 13, 1950 (Ga. L. 1950, p. 238), as amended. An Act requiring county boards of health to inspect funeral establishments, approved March 17, 1959 (Ga. L. 1959, p. 359). (6) The Georgia State Board of Physical Therapy. An Act known as the Georgia Physical Therapy Act, approved March 21, 1972 (Ga. L. 1972, p. 388). (7) The State Board of Examiners of Psychologists. An Act making provision for licensure of applied psychologists through a State Board of Examiners of Psychologists, approved February 21, 1951 (Ga. L. 1951, p. 408), as amended. (8) The Structural Pest Control Commission. An Act known as the Structural Pest Control Act, approved March 7, 1955 (Ga. L. 1955, p. 564), as amended.

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(9) The State Board of Dispensing Opticians. An Act creating the State Board of Dispensing Opticians, approved February 17, 1956 (Ga. L. 1956, p. 148), as amended. (10) The State Board of Examiners of Registered Professional Sanitarians. An Act regulating the practice of professional sanitarians, approved March 7, 1957 (Ga. L. 1957, p. 219), as amended. (11) The State Board of Warm Air Heating Contractors. An Act regulating the installation of warm air heating equipment, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended. (12) The State Board of Registration of Used Car Dealers. An Act known as the Used Car Dealers' Registration Act, approved February 20, 1958 (Ga. L. 1958, p. 55), as amended. (13) The Georgia State Board of Landscape Architects. Code Chapter 84-40, relative to landscape architects (Ga. L. 1976, p. 1730). (14) The Georgia State Board of Cosmetology. An Act regulating the occupation of cosmetology, approved March 11, 1963 (Ga. L. 1963, p. 45), as amended. (15) The State Board of Registration for Dealers in Used Motor Vehicle Parts. An Act known as the Dealers in Used Motor Vehicle Parts Registration Act, approved March 14, 1966 (Ga. L. 1966, p. 471), as amended. (16) The State Board of Examiners of Plumbing Contractors. An Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968 (Ga. L. 1968, p. 308), as amended. (17) The Georgia State Board of Nursing Home Administrators. An Act relating to nursing homes and personal care homes, approved April 8, 1968 (Ga. L. 1968, p. 1143), as amended. (c) Unless reestablished or continued in accordance with the

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provisions of section 9 of this Act, the following regulatory agencies shall be terminated on July 1, 1982, and the laws relating to such agencies, as indicated below, shall be repealed in their entirety effective on the date specified in section 8 of this Act. (1) The Board of Polygraph Examiners. An Act known as the Georgia Polygraph Examiners Act, approved April 9, 1968 (Ga. L. 1968, p. 1217), as amended. (2) The State Board of Registration for Foresters. An Act creating the State Board of Registration for Foresters, approved February 21, 1951 (Ga. L. 1951, p. 581), as amended. (3) The Board of Practical Nurse Examiners of Georgia. An Act providing for the licensing of practical nurses, approved March 2, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 333), as amended. (4) The State Board of Accountancy. Code Chapter 84-2, relative to accountants, as amended. Code section 84-9902, relative to penalties for violating Chapter 84-2, relating to certified public accountants, as amended. (5) The State Board for Examination, Qualification and Registration of Architects. Code Chapter 84-3, relative to architects, as amended. Code section 84-9903, relative to the penalty for practicing as an architect without compliance with Chapter 84-3; false oaths and injunctions, as amended. (6) The Georgia State Board of Barbers. An Act known as the Georgia Barber Act, approved April 19, 1973 (Ga. L. 1973, p. 1450). (7) The Georgia Board of Chiropractic Examiners. Code Chapter 84-5, relative to chiropractors, as amended. Code section 84-9905, relative to the penalty for practicing chiropractic without a license.

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(8) The State Board of Podiatry Examiners. Code Chapter 84-6, relative to podiatry or chiropody, as amended. Code section 84-9906, relative to the penalty for practicing podiatry without a license, as amended. (9) The Board of Dental Examiners of Georgia. Code Chapter 84-7, relative to dentists and dental hygienists, as amended. Code section 84-9907, relative to the penalty for practicing dentistry under another's license. Code section 84-9909, relative to the penalty for practicing dentistry without a license. Code section 84-9911, relative to the burden of proof as to authority to practice dentistry. (10) The Composite State Board of Medical Examiners. Code Chapter 84-9, relative to medical practitioners, as amended. An Act to prohibit the issuance of licenses to practice medicine or pharmacy to any person who is not a citizen of the United States, approved March 23, 1939 (Ga. L. 1939, p. 319), as amended. An Act known as the Physician's Assistant Act, approved March 31, 1972 (Ga. L. 1972, p. 676). An Act known as the Orthotists Practice Act, approved March 31, 1976 (Ga. L. 1976, p. 1349). Code section 84-9914, relative to practicing medicine illegally, as amended. Code section 84-9918, relative to fraudulently buying, selling or obtaining a license to practice osteopathy. Code section 84-9919, relative to the illegal practice of osteopathy.

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(11) The Georgia Board of Nursing. Code Chapter 84-10, relative to nurses, as amended. An Act providing for the participation of nurse anesthetists in the administration of anesthesia, approved April 12, 1973 (Ga. L. 1973, p. 433), as amended. Code section 84-9915, relative to the penalties for violating Chapter 84-10, relating to the practice of nursing, as amended. (12) The Board of Examiners in Optometry. Code Chapter 84-11, relative to optometrists, as amended. Code section 84-9917, relative to the penalty for practicing optometry without a license. (13) The Georgia State Board of Pharmacy. Code Chapter 79A-2, relative to the Georgia State Board of Pharmacy, as amended. (14) The Georgia Real Estate Commission. Code Chapter 84-14, relative to real estate brokers and salesmen, as amended. Section 2 of an Act amending Code Title 84, relative to professions, businesses and trades, so as to comprehensively revise the laws relative to real estate brokers and salesmen, approved March 16, 1973 (Ga. L. 1973, p. 100). Code section 84-9922, relative to refusal to testify or produce evidence before the Real Estate Commission. (15) The State Board of Veterinary Medicine. Code Chapter 84-15, known as the Georgia Veterinary Practice Act, as amended. (16) The State Board of Registration for Professional Engineers and Land Surveyors. Code Chapter 84-21, relative to professional engineers and land surveyors. (17) The State Board for the Certification of Librarians. An Act establishing a State Board for the Certification of Librarians, approved March 31, 1937 (Ga. L. 1937, p. 245).

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Section 8. Termination Period for Agencies. Upon its termination as provided by section 7 of this Act, each regulatory agency shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the regulatory agency terminated shall not be reduced or otherwise limited. The laws relative to such regulatory agency shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to each respective terminated regulatory agency shall stand repealed in their entirety. During the termination period, the regulatory agency shall not issue any new licenses nor renew any licenses, nor collect any license fees which were not due and payable prior to the date of termination of the agency. Section 9. Continuation or Reestablishment. (a) Any regulatory agency may be continued or reestablished by the General Assembly for a period not to exceed six years. (b) Any regulatory agency created after January 1, 1977, shall continue in existence for not more than six years from the effective date of its establishment unless the Act creating such agency specifically provides that such agency shall not be subject to the provisions of this Act. Section 10. Rights and Claims Protected. The termination of a regulatory agency pursuant to the provisions of this Act shall not cause the dismissal of any claim or right of any citizen against any regulatory agency or any claim or right of a regulatory agency terminated pursuant to this Act which is subject to litigation. Unless otherwise provided by legislation adopted pursuant to paragraph (1) of subsection (a) of section 6 of this Act, such claims and rights shall be assumed by the Joint Secretary, State Examining Boards, until their final disposition. Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1977.

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PUBLIC SCHOOL TEACHERSSICK LEAVE CHANGEDCUMULATION AND TRANSFER ALLOWED, ETC. No. 614 (Senate Bill No. 25). 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), an Act approved March 21, 1974 (Ga. L. 1974, p. 477), and an Act approved March 5, 1976 (Ga. L. 1976, p. 364), so as to provide that teachers shall accumulate all unused sick leave from one school year to the next up to a certain maximum number of days; to provide for the transfer of accumulated unused sick leave when employment is changed from one local board of education to another within certain limitations; to authorize local boards of education to adopt policies supplemental to the provisions of said Act relative to sick leave and the accumulation of unused sick leave; to provide for other matters relative to the foregoing; to amend the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended by an Act approved February 27, 1975 (Ga. L. 1975, p. 35), an Act approved March 25, 1975 (Ga. L. 1975, p. 181), an Act approved April 10, 1975 (Ga. L. 1975, p. 369), an Act approved April 17, 1975 (Ga. L. 1975, p. 539), an Act approved April 18, 1975 (Ga. L. 1975, p. 685), an Act approved April 18, 1975 (Ga. L. 1975, p. 812), an Act approved April 24, 1975 (Ga. L. 1975, p. 1139), an Act approved April 25, 1975 (Ga. L. 1975, p. 1537), an Act approved February 27, 1976 (Ga. L. 1976, p. 271), an Act approved March 18, 1976 (Ga. L. 1976, p. 506), and an Act approved March 31, 1976 (Ga. L. 1976, p. 1385), so as to change the provisions relating to the amount of funds needed for the payment of sick and personal leave expenses; to provide that this Act shall become effective when funds are appropriated therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for sick leave for teachers in the public schools in this State, approved December 10, 1953 (Ga. L.

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1953, Nov.-Dec. Sess., p. 43), as amended by an Act approved March 20, 1970 (Ga. L. 1970, p. 459), an Act approved March 21, 1974 (Ga. L. 1974, p. 477), and an Act approved March 5, 1976 (Ga. L. 1976, p. 364), 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) Each person employed as a teacher in any public school of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service, such leave to be cumulative over each school year, and all unused sick leave shall be accumulated from one school year to the next up to a maximum of 45 days. A teacher may utilize sick leave upon the approval of the principal of the school in which such teacher is employed for absence due to illness or injury or necessitated by exposure to contagious disease in which the health of others would be endangered by his attendance on duty, or to illness or death in the teacher's immediate family. Teachers shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays or other non-work days. (b) Any unused sick leave accumulated by a teacher pursuant to subsection (a) of this section shall be credited to such teacher and shall be transferred with such teacher when such teacher changes employment from one local board of education to another local board of education, but any accumulated unused sick leave credited to a teacher shall be forfeited if such teacher withdraws from service as a teacher for a period of 12 or more consecutive months. (c) The sick leave and the accumulation of unused sick leave provided for by this Act shall be subject to section 16 of the `Adequate Program for Education in Georgia Act', approved March 26, 1974 (Ga. L. 1974, p. 1045), as now or hereafter amended, but this Act shall not be construed so as to prohibit local boards of education from adopting policies relative to sick leave and the accumulation of unused sick leave which are supplemental to the provisions of this Act, but the cost of implementing and maintaining any such supplemental policies shall be paid entirely from local funds.

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Section 2. The Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended by an Act approved February 27, 1975 (Ga. L. 1975, p. 35), an Act approved March 25, 1975 (Ga. L. 1975, p. 181), an Act approved April 10, 1975 (Ga. L. 1975, p. 369), an Act approved April 17, 1975 (Ga. L. 1975, p. 539), an Act approved April 18, 1975 (Ga. L. 1975, p. 685), an Act approved April 18, 1975 (Ga. L. 1975, p. 812), an Act approved April 24, 1975 (Ga. L. 1975, p. 1139), an Act approved April 25, 1975 (Ga. L. 1975, p. 1537), an Act approved February 27, 1976 (Ga. L. 1976, p. 271), an Act approved March 18, 1976 (Ga. L. 1976, p. 506), and an Act approved March 31, 1976 (Ga. L. 1976, p. 1385), is hereby amended by striking subsection (a) of section 16 in its entirety and inserting in lieu thereof a new subsection (a) of section 16 to 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 5, 10, 11 and 12, 20, and 21, by a sum of money determined by the State Board of Education as sufficient to fund sick and personal leave and accumulations thereof authorized by an Act approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 43), as the same may now or hereafter be amended. 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. (b) The State Board of Education shall promulgate such rules and regulations as are necessary to implement the provisions of this Act. Section 3. This Act shall become effective when the General Assembly shall appropriate the necessary funds to implement the provisions of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1977.

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COMPACT FOR EDUCATION ENACTED. No. 615 (Senate Bill No. 213). An Act to provide that the State of Georgia shall be a party to the Compact for Education; to enact said Compact into law; to declare the purpose and policy of said Compact; to define the term State; to provide for the designation and appointment of the Georgia members of the Education Commission of the States; to provide for the operation of the Commission; to provide for the powers of the Commission; to provide for committees; to provide for eligible parties; to provide for entry into and withdrawal from the Commission; to provide for the construction and severability of this Compact; to provide for the establishment of the Georgia Education Council; to provide that funds appropriated to the executive branch of government may be used to carry out the provisions of this Act; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Compact for Education is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows: COMPACT FOR EDUCATION Article I. Purpose and Policy. (a) It is the purpose of this Compact to: (1) Establish and maintain close cooperation and understanding among executive, legislative, professional, educational and lay leadership on a nationwide basis at the State and local levels. (2) Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education. (3) Provide a clearinghouse of information on matters relating to educational problems and how they are being met in

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different places throughout the nation, so that the executive and legislative branches of State government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education. (4) Facilitate the improvement of State and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities. (b) It is the policy of this Compact to encourage and promote local and State initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and States. (c) The party States recognize that each of them has an interest in the quality and quantity of education furnished in each of the other States, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare and economic advancement of each State are supplied in significant part by persons educated in other States. Article II. State Defined. As used in this Compact, State means a State, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. Article III. The Commission. (a) The Education Commission of the States, hereinafter called the Commission, is hereby established. The Commission shall consist of seven members representing each party State.

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One of such members shall be the Governor; two shall be members of the State legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the Governor, unless the laws of the State otherwise provide. If the laws of a State prevent legislators from serving on the Commission, six members shall be appointed and serve at the pleasure of the Governor, unless the laws of the State otherwise provide. In addition to any other principles or requirements which a State may establish for the appointment and service of its members of the Commission, the guiding principle for the composition of the membership on the Commission from each party State shall be that the members representing such State shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the State government, higher education, the State education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a State agency or institution, designated by the Governor, having responsibility for one or more programs of public education. In addition to the members of the Commission representing the party States, there may be not to exceed ten nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration. (b) The members of the Commission shall be entitled to one vote each on the Commission. No action of the Commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the Commission are cast in favor thereof. Action of the Commission shall be only at a meeting at which a majority of the commissioners are present. The Commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the Commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III (j). (c) The Commission shall have a seal.

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(d) The Commission shall elect annually, from among its members, a chairman, who shall be a Governor, a vice- chairman and a treasurer. The Commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the Commission, and together with the treasurer and such other personnel as the Commission may deem appropriate shall be bonded in such amount as the Commission shall determine. The executive director shall be secretary. (e) Irrespective of the civil service, personnel, or other merit system laws of any of the party States, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Commission, and shall fix the duties and compensation of such personnel. The Commission in its bylaws shall provide for the personnel policies and programs of the Commission. (f) The Commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions. (g) The Commission may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any State, the United States, or any other governmental agency, or from any person, firm, association, foundation or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the Commission pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this Article shall be reported in the annual report of the Commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender. (h) The Commission may establish and maintain such facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real and personal property and any interest therein.

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(i) The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party States. (j) The Commission annually shall make to the Governor and legislature of each party State a report covering the activities of the Commission for the preceding year. The Commission may make such additional reports as it may deem desirable. Article IV. Powers. In addition to authority conferred on the Commission by other provisions of the Compact, the Commission shall have the authority to: (a) Collect, correlate, analyze and interpret information and data concerning educational needs and resources. (b) Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems. (c) Develop proposals for adequate financing of education as a whole and at each of its many levels. (d) Conduct or participate in research of the types referred to in this Article in any instance where the Commission finds that such research is necessary for the advancement of the purposes and policies of this Compact, utilizing fully the resources of national associations, regional Compact organizations for higher education; and other agencies and institutions, both public and private. (e) Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.

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(f) Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this Compact. Article V. Cooperation with Federal Government. (a) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the Commission by not to exceed ten representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the Commission. (b) The Commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the States, and may advise with any such agencies or officers concerning any matter of mutual interest. Article VI. Committees. (a) To assist in the expeditious conduct of its business when the full Commission is not meeting, the Commission shall elect a steering committee of thirty-two members, which, subject to the provisions of this Compact and consistent with the policies of the Commission, shall be constituted and function as provided in the bylaws of the Commission. One-fourth of the voting membership of the steering committee shall consist of Governors, one-fourth shall consist of legislators, and the remainder shall consist of other members of the Commission. A federal representative on the Commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years. The chairman, vice-chairman, and treasurer of the Commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the Commission at its next regularly ensuing

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meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two term limitation. (b) The Commission may establish advisory and technical committees composed of State, local and federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may on request of the States concerned, be established to consider any matter of special concern to two or more of the party States. (c) The Commission may establish such additional committees as its bylaws may provide. Article VII. Finance. (a) The Commission shall advise the Governor or designated officer or officers of each party State of its budget and estimated expenditures for such period as may be required by the laws of that party State. Each of the Commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party States. (b) The total amount of appropriation requests under any budget shall be apportioned among the party States. In making such apportionment, the Commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party States. (c) The Commission shall not pledge the credit of any party States. The Commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III (g) of this Compact, provided that the Commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it pursuant to Article III (g) thereof, the Commission shall not incur any obligation prior to the allotment of funds by the party States adequate to meet the same.

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(d) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the Commission. (e) The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party States and by any persons authorized by the Commission. (f) Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission. Article VIII. Eligible Parties; Entry Into and Withdrawal. (a) This Compact shall have as eligible parties all States, territories and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a Governor, the term Governor, as used in this Compact, shall mean the closest equivalent official of such jurisdiction. (b) Any State or other eligible jurisdiction may enter into this Compact by legislative Act and it shall become binding thereon when it has adopted the same. (c) Any party State may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States. No withdrawal shall affect any liability already incurred by or chargeable to a party State prior to the time of such withdrawal. Article IX. Construction and Severability. This Compact shall be liberally construed so as to effectuate

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the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the Constitution of any State or of the United States, or the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the Constitution of any State participating therein, the Compact shall remain in full force and effect as to the State affected as to all severable matters. Section 2. The seven members to represent the State of Georgia on the Education Commission of the States as authorized under Article III of the Compact for Education shall consist of the following members: the Governor, who shall serve as chairman thereof; one member of the House of Representatives, who shall be selected by the Speaker of the House of Representatives; one member of the Senate, who shall be selected by the Lieutenant Governor; the Chancellor of the Board of Regents; the State Superintendent of Schools; and two members who shall be appointed by the Governor and who shall serve at the pleasure of the Governor. Selection of members. Section 3. There is hereby established the Georgia Education Council composed of the members of the Education Commission of the States representing this State and such other persons appointed by the Governor at his discretion to serve at his pleasure. Such other persons shall be selected so as to be broadly representative of professional and lay interest within this State having the responsibilities for, and interest in, the improvement of education. The Governor, or a member of the Council designated by the Governor, shall serve as chairman of the Council. The Council shall meet on the call of the Governor or a majority of its members, but in any event the Council shall meet not less than three times in each year. The Council may consider any and all matters relating to recommendations of the Education Commission of the States and the activities of the members in representing this State thereon. Education Council Established. Section 4. Funds appropriated or otherwise available to the executive branch of government of this State may be expended

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for the purpose of carrying out the provisions of this Act. Said Commissioners and members of the Georgia Education Council shall serve without pay; provided, however, that they shall be reimbursed, from funds appropriated therefor, for their reasonable and necessary travel, meals, lodging and other necessary expenses incurred in the performance of their official duties. Section 5. Pursuant to Article III (i) of the Compact, the Commission shall file a copy of its bylaws and any amendment thereto with the Secretary of State. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1977. ADEQUATE PROGRAM FOR EDUCATIONAMENDEDVARIOUS PROVISIONS CHANGED. No. 616 (Senate Bill No. 214). 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 define certain terms; to authorize the State Board of Education to establish criteria, policies, and standards for demonstration school systems; to authorize the State Board of Education to designate certain local school systems as demonstration systems, to suspend expenditure requirements as necessary, to allocate earnings in lump sums, and to suspend regulations, requirements, and standards as necessary to implement approved comprehensive plans; 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, is hereby amended by inserting between section 50 and section 51 a new section, to be designated section 50A, to read as follows: Section 50A. Demonstration School Systems. (a) The term `demonstration school system', as used in this section, means a school system which is designated by the State Board of Education to operate in accordance with a comprehensive plan. The term `comprehensive plan', as used in this section, shall be deemed to include, but not necessarily be limited to, a list of educational goals for programs affected by the comprehensive plan, a list of educational objectives determined from the goals, an assessment which documents the need for planned improvements, a course of action for implementing planned improvements, an evaluation system to determine if educational objectives are being attained, and such other items as the State Board of Education may deem necessary for an effective comprehensive plan. (b) The State Board of Education shall have the authority to: (1) Prescribe criteria, policies, and standards for demonstration school systems; (2) Annually designate local school systems meeting established criteria and standards as demonstration systems upon the submission of comprehensive plans by local boards of education; (3) Suspend the categorical expenditures requirement of the `Adequate Program for Education in Georgia Act' to the extent deemed necessary for successful implementation of approved comprehensive plans and authorize the expenditure of State and local funds earned under said Act in accordance with comprehensive plans and budgets which have been reviewed and approved by the State Board; (4) Compute the Adequate Program for Education in Georgia earning of approved demonstration systems and make a lump

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sum allotment to the local system boards of education equal to the calculated earnings for those categories deemed necessary for successful implementation of approved comprehensive plans; and (5) Suspend certification regulations and requirements and other State policies, standards and regulations for approved demonstration systems to the extent deemed necessary for successful implementation of approved comprehensive plans. 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. Approved March 24, 1977. ADEQUATE PROGRAM FOR EDUCATION AMENDEDCOMPENSATORY EDUCATION EXPENSE PROVISIONS CHANGED, ETC. No. 617 (Senate Bill No. 215). 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 a basis for allocation of funds needed for compensatory education expenses to local units of administration; to provide authorization for expenditure of compensatory education funds; to require the State Board of Education to determine the number of students needing compensatory education annually and the estimated State cost of such a program; to provide authority to the State Board of Education concerning the compensatory education; to provide that any child or children enrolled in the public schools of this State prior to their seventh birthday shall become subject to the laws, rules and regulations relating to compulsory school attendance; 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, is hereby amended by striking section 18 in its entirety and substituting in lieu thereof a new section 18 to read as follows: Section 18. Amount of funds needed for compensatory education expenses. (a) The amount of funds needed by a local unit of administration during a fiscal year for compensatory education expenses shall be based on the proportion of students on a local unit of administration achieving below grade level as determined by the results from the administration of statewide tests in reading or mathematics, or both, as specified by the State Board of Education; provided, however, that until July 1, 1980, the first $10.25 million of this annual appropriation shall be distributed to local units of administration on a pro rata basis of projected average daily attendance (ADA) in grade levels authorized in the `Appropriations Act', provided further that funds in excess of $10.25 million of this annual appropriation shall be distributed to local units of administration on a needs basis as determined by appropriate tests results and that after July 1, 1980, all funds appropriated for compensatory education shall be distributed to local units of administration on a needs basis as determined by appropriate tests results. (b) Local units of administration shall be authorized to expend State compensatory education funds only to employ certificated professional personnel or licensed auxiliary personnel needed to provide supplemental remedial instruction to children who are identified through a documented needs assessment as low achievers, especially in the basic skill areas of reading, writing and math, unless the State Board of Education has given a local unit of administration the explicit authority to expend a portion of its grant for instructional materials and equipment which have been documented under an instructional plan as being instrumental in providing the needed supplemental services. (c) The State Board of Education shall annually determine the

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number of students in grades 1-12 needing compensatory education and the estimated State cost of such a program for the next fiscal year, and submit such information to the Office of Planning and Budget. (d) The State Board of Education shall have the authority to establish minimum requirements and standards for distribution, use and expenditure of funds allocated under this section to local units of administration. Section 2. Said Act is further amended by repealing section 6, relating to compensatory education, in its entirety. Section 3. Said Act is further amended by adding a new subsection (c) at the end of section 4, to read as follows: (c) Any child or children enrolled in the public schools of this State prior to their seventh birthday shall become subject to all of the provisions of this Act and the rules and regulations of the State Board of Education relating to compulsory school attendance even though they have not attained seven years of age. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1977. ADEQUATE PROGRAM FOR EDUCATION AMENDEDALLOCATION OF PERSONNEL PROVISIONS CHANGED. No. 618 (Senate Bill No. 216). 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 change certain provisions concerning the allocation of administrative and supervisory personnel; to provide that the State Board of Education shall

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provide funds to local units of administration for the purpose of employing noncertified administrative as well as clerical 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, is hereby amended by striking section 21 in its entirety and substituting in lieu thereof a new section 21 to read as follows: Section 21. Administrative and supervisory services. (a) The State Board of Education shall annually allot administrative and supervisory personnel to local units of administration, except as otherwise provided for in this section, on the basis of one per 190 pupils in average daily attendance in the local unit of administration, adjusted as provided for in sections 37 and 42 of this Act. Administrative and supervisory personnel positions provided by this allotment shall include, but not be limited to, principals, assistant principals, librarians, curriculum specialists, directors of curriculum, community volunteer coordinators and community school coordinators. (b) A local unit of administration may use up to one-third of the funds earned from its alloted administrative and supervisory personnel positions to employ noncertificated administrative personnel if the State Board of Education has approved a plan which describes how these funds will be utilized. (c) The State Board of Education shall further allot professional central administrative personnel to all local units of administration on the basis of one per 3,300 pupils in average daily attendance in the local unit of administration, adjusted as provided for in sections 37 and 42 of this Act. The administrative positions provided by this allotment shall include, but not be limited to, plant operations and maintenance, transportation, food service, instructional supervision, finance and business services, planning and evaluation, direction of community volunteer programs and direction of community school programs.

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For those local units of administration which do not earn sufficient central administration personnel, the State Board of Education is authorized to prescribe uniform requirements and procedures to allow a local unit of administration to utilize all or any part of its central administration personnel allotments in conjunction with a Cooperative Education Service Agency: Provided, however, personnel allotments earned under the provisions of this section may not be assigned for use as classroom teachers or for use as other personnel designated in subsection (a) of this section. (d) The State Board of Education shall be authorized to fund professional personnel positions to local units of administration as follows: (1) preschool leadership positions on the basis of one to each 50 preschool instructional units; and; (2) special education leadership positions on the basis of one to each 40 special education instructional units or major fraction thereof. (e) During the next school year the amount of funds distributed to any local unit for the purpose of funding the positions authorized in subsections (a), (c) and (d), hereof shall not be in excess of the amount actually required by the local unit for payment of salaries of personnel actually employed by the local units of administration. The amount of funds needed by a local unit to pay the salaries of personnel shall be determined in one of the following manners for each position allotted: (1) the State minimum salary on a 10-month basis as provided for in section 56 if an appropriately certificated professional employee is employed for the allotted position; or (2) the average salary for certificated professional personnel funded under this section if noncertificated personnel are employed under subsection (b). (f) The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted professional personnel.

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Section 2. Said Act is further amended by striking section 24 in its entirety and substituting in lieu thereof a new section 24 to read as follows: Section 24. Clerical and administrative assistance. The State Board of Education shall provide funds to local units of administration for the employment of noncertified administrative and clerical personnel for the purpose of relieving the principal, the classroom teacher and other professional personnel of routine administrative and clerical activities so that they may more properly, effectively and efficiently use their time in the instructional program or other programs and activities supportive to the instructional program. The State Board of Education shall have the authority to establish minimum requirements for distribution, use and expenditure of funds allotted under this section. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1977. INSURANCEPUBLIC SCHOOL EMPLOYEES' HEALTH INSURANCE PLAN CHANGED. No. 619 (House Bill No. 175). An Act to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia, approved February 27, 1975 (Ga. L. 1975, p. 37), so as to change the definition of a public school teacher, teacher and employee; to define local employer; to change the definition of the Director of the State Merit System to the Commissioner of the State Merit System of Personnel Administration; to define qualified entity;

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to delete the language which provides that a health insurance contract or contracts may be executed with one or more corporations licensed to transact accident and health insurance business in this State; to provide for the establishment of a self-insured plan in whole or in part; to provide that the amounts contributed by the State or from federal and local funds to the health insurance fund shall be credited to the health insurance fund; to provide that the State Department of Education shall contribute to the health insurance fund such portion of the cost of such benefits as may be established by the Governor and the Board up to four per centum of the total outlay for personal services; to provide that local employers shall contribute to the health insurance fund from local funds; to require the Commissioner to certify to the State Superintendent of Schools the contribution owed by the Board of Education; to require the Commissioner to certify to the local employer the contribution owed by the local employer; to provide a means by which local employers may elect not to participate in this plan; to change the date on which employer payments shall commence; to delete the language which provides that any system desiring to maintain or establish their own insurance program shall receive their pro rata share of the funds available hereunder to defray expenses incurred in connection with maintaining or establishing a separate insurance program; to authorize the Board to contract with local employers for inclusion of the teachers or employees of said local employers within any health insurance plan; to provide for the duties and responsibilities of local employers; to authorize any local employer to provide for the coverage of other personnel by a separate contract with the Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia, approved February 27, 1975 (Ga. L. 1975, p. 37), 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 terms `public school teacher', `teacher' and `employee' mean any person employed not less than half

Page 993

time in a professionally certificated capacity or position in the public school systems of this State. The terms `public school teacher', `teacher' and `employee' shall not be deemed to include any emergency or temporary employee. (b) The `local employer' means the local county or independent board of education. (c) The `Board' means the State Personnel Board. (d) The `Commissioner' means the Commissioner of Personnel Administration. (e) `Qualified entity' means any person, association, corporation or other legal entity with which the Board is authorized under the State Employees Health Insurance Act (Ga. L. 1961, p. 147), as amended, to enter into contract with. Section 2. Said Act is further 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) Said Board is hereby authorized to execute a contract or contracts to provide the benefits determined upon under the plan in accordance with the provisions of this Act, or said Board may, in its discretion, establish a self-insured plan in whole or in part. All of the benefits to be provided under the health insurance plan may be included in one or more similar contracts, or the benefits may be classified into different types with each type included in one or more contracts issued by the same or different qualified entities or covered under a self-insured plan. A reasonable time before entering into any insurance contract hereunder, said Board shall invite proposals from such qualified entities as, in the opinion of the Board, would desire to accept any part of the insurance coverage authorized by this Act. Provided, however, that the Board may, in its discretion, establish a self-insured plan in whole or in part. Section 3. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9, to read as follows:

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Section 9. There is hereby created a health insurance fund for public school teachers which shall be available without fiscal year limitations for premium, subscription charges, benefits and administration costs. The amounts contributed by the State or from federal or local funds to such health insurance fund, pursuant to this Act shall be credited to such health insurance fund. All other income as well as the income derived from dividends, premium rate adjustments or other refunds under any such contract or contracts shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The Commissioner shall be the custodian of such health insurance fund, and shall be responsible under a properly approved bond for all monies coming into said fund, and paid out of said fund, as may be required to be paid to any contracting corporation under any contract entered into pursuant to the provisions of this Act, and to cover administrative costs. Section 4. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10, to read as follows: Section 10. During any period in which an employee is covered under the health insurance plan authorized by this Act prior to the date of his retirement, there shall be withheld from each salary payment of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the Board. During any month in which benefits are being paid by the Teachers' Retirement System of Georgia to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the Board with the consent of the recipient. The State Department of Education shall contribute to said health insurance fund such portion of the cost of such benefits as may be established by the Governor and the Board up to four per centum of the total outlay for personal services and, in addition thereto, an amount to be established by the Board to defray the cost of administration. In addition, as the local employer's share, the local employer shall

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contribute to said health insurance fund such portion of the cost of such benefits as may be established by the Governor and the Board up to four per centum of the total outlay from local funds for personal services for educational purposes and in addition thereto, an amount to be established by the Board to defray the cost of administration: Provided, however, any local employer which elects not to participate shall not be required to make any local contribution. Section 5. 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) At an appropriate time during each year, the Commissioner shall certify to the State Superintendent of Schools the amount of funds, or the percentage provided for by section 10 hereof, determined by the Governor and the Board as employer payments for the ensuing fiscal year, and in his annual budget for the State Department of Education, the State Superintendent of Schools shall make provision for funds sufficient to pay the Board such required employer payments. (b) Said Board may arrange with any qualified entity to reinsure portions of such contract with any other entity which elected to be a reinsurer and is legally competent to enter into a reinsurance agreement. The Board may designate one or more of such entities as the administering entity or entities. Each employee who is covered under any such contract or contracts shall receive a certificate setting forth the benefits to which the employee and his dependents are entitled thereunder, to whom such benefits shall be payable, to whom claims should be submitted, and summarizing the provisions of the contract principally affecting the employee and his dependents. Such certificate shall be in lieu of the certificate which the entity or entities issuing such contract or contracts would otherwise issue. The entity eligible to participate as reinsurers, and the amount of coverage under the contract or contracts to be allocated to each issuing entity or reinsurer, may be redetermined by the Board for and in advance of any contract year after the first year and with any modifications thereof it deems appropriate to carry out the intent of such subdivision, subject to such limitations as set forth in this

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Act. The Board may at the end of any contract year discontinue any contract or contracts it has executed with any entity or entities, and replace it or them with a contract or contracts in any other entity or entities meeting the requirements of this Act, or may, in its discretion, establish a self-insured plan in whole or in part. Section 6. Said Act is further amended by striking subsection (a) of section 12 in its entirety and inserting in lieu thereof a new subsection (a) of section 12, to read as follows: (a) On July 1, 1977, or on a date as soon thereafter as practicable, as determined by the State Personnel Board, which is hereby defined as the `employer commencement date', the Commissioner shall notify the State Superintendent of Schools that the employer payments shall commence on said date. The State Superintendent of Schools shall notify the employees that employee payments will commence on a date, as determined by the Board, which shall not be less than three calendar months following the `employer commencement date'. The date as established by the Board, with reference to the employee payments is hereby defined as the `employee commencement date'. Upon establishment of the `employer commencement date', the provisions of this Act with reference to such payments shall go into effect. In determining the commencement dates, as provided herein, the Board shall be governed by the money made available by the State to implement the provisions of this Act. Section 7. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13, to read as follows: Section 13. (a) The Board is hereby authorized to contract with local employers for the inclusion of the teachers or employees of local employers within any health insurance plan or plans established under this Act. Local employers are hereby authorized to contract with the Board as provided in this subsection. In the event that any contract is entered into, it shall be the duty of any local employers so contracting to deduct from the salary or other compensation of their teachers or employees such payment as may be required under any health insurance plan and to remit the funds to the Board for inclusion in the health insurance

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fund. In addition, it shall be the duty of such local employers to make the employer contributions required for the operation of such plan or plans. Local employers may, in their discretion, provide for the inclusion of teachers or employees, or both, under any health insurance plan or plans established under this Act. For the purposes of this subsection, the term `teachers' shall mean certificated personnel, and the term `employees' shall mean all other personnel. (b) Local school boards shall have the option to determine whether or not the teachers within their respective systems shall be covered under the provisions of this Act. Section 8. Said Act is further amended by adding a new section 13A, immediately following section 13, to read as follows: Section 13A. Any local employer may provide for the coverage of other personnel who are not included in section 1(a) of this Act by a separate contract with the Board. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1977. EDUCATIONFINANCING PROVIDED FOR COOPERATIVE EDUCATIONAL SERVICE AGENCIES. No. 620 (House Bill No. 605). 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 financing Cooperative Educational Service Agencies; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Adequate Program for

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Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, is hereby amended by striking section 36 in its entirety and substituting in lieu thereof a new section 36 to read as follows: Section 36. Financing CESA's. (a) The State Board of Education shall grant not less than $134,000 to each CESA for basic operating expenses. The State Board shall adjust this grant annually to reflect changes in a State minimum salary schedule provided for in section 56 of this Act and in other items of overhead expenses. The State Board of Education shall grant additional funds on the basis of need which reflects enrollment of each member school system and the number of member school systems. A CESA may receive an annual grant for three years at the discretion of the State Board, for a single demonstration program. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal or private sources. (b) CESA may not receive directly from the State Board of Education any State funds originally intended or directed by this Act to a local unit of administration; provided, however, that upon the official request of a local unit of administration, the Stete Board of Education may send directly to a CESA any funds allocated to a local unit of administration. All grants from the State along with the contributions from member systems and funds from other sources, shall be budgeted by the Board of Control. Section 2. The State Department of Education shall provide for a State Director of CESA programs. Section 3. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1977.

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PROFESSIONAL STANDARDS ACT AMENDEDEXPENSES AND PERSONNEL OF THE COMMISSION CHANGED. No. 621 (House Bill No. 606). An Act to amend an Act known as the Georgia Professional Standards Act, approved March 25, 1976 (Ga. L. 1976, p. 966), so as to change provisions relating to services performed by members of the Professional Standards Commission; to change provisions relating to the employment of administrative assistance; 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 Professional Standards Act, approved March 25, 1976 (Ga. L. 1976, p. 966), is hereby amended by deleting from section 7, the second sentence which reads: 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., so that when so amended, section 7 shall read as follows: 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 per day and mileage at the same rate as State officials and employees. It is specifically provided, however, that no member of the Commission, with the exception of members of the Executive Committee of said Commission, shall be reimbursed from any public funds for such expenses for more than 15 days during each calender 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 political subdivisions, including

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school systems, which employes 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 2. Said Act is further amended by striking the first two words and the first two complete sentences in section 8 which read as follows: 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 per annum., and inserting in lieu thereof the following: Administrative Assistance. The Commission shall have the authority to employ an administrative assistant who shall serve as the executive officer to the Commission and a person to provide clerical and secretarial assistance to the Commission and to the administrative assistant. Such administrative assistant shall be compensated in an amount not to exceed $18,000 per annum or such higher amount as is specifically provided in the General Appropriations Act., so that when so amended said section shall read as follows: Section 8. Administrative Assistance. The Commission shall have the authority to employ an administrative assistant who shall serve as the executive officer to the Commission and a person to provide clerical and secretarial assistance to the Commission and to the administrative assistant. Such administrative assistant shall be compensated in an amount not to exceed $20,000 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 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1977.

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EDUCATIONSTATE-WIDE KINDERGARTEN PROGRAM ESTABLISHED. No. 622 (House Bill No. 607). 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 a kindergarten program; to provide for certain definitions; to provide for implementation of a kindergarten program subject to appropriations therefor; to provide for eligibility to attend the kindergarten program; to provide authority to the State Board of Education concerning the kindergarten program; to provide 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, is hereby amended by striking section 7 in its entirety and substituting in lieu thereof a new section to read as follows: Section 7. Kindergarten program. (a) It is hereby declared to be the policy of the State of Georgia that the principal responsibility for the developmental skills of young children lies with the parents and that the purpose of a kindergarten program is to supplement the resources which parents have available to meet the distinctive mental, physical and emotional needs of their children. In acknowledgement of this policy, enrollment of children into the kindergarten program will be on a voluntary basis. Nothing in this Act shall be considered to require any school system to participate in a state-supported kindergarten program. (b) For purposes of this section the term half-day basis means a student attends class for one half-day for an 180-day school year. State allotted personnel assigned to such a class shall be entitled to remuneration for one half-day. (c) A state-supported kindergarten program which shall be at

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least on a one half-day basis for a 180-day school year shall be implemented, subject to appropriations therefor, provided, however, the General Assembly shall provide full funding for state wide kindergarten at the earliest possible date. Provided, however, until such time that the General Assembly appropriates funds for the kindergarten program beyond the half-day basis, a local unit of administration may offer its kindergarten program to enrolled students, selectively or totally on a full-day basis; provided that such extension in the program is financed by any other available funds. (d) To be eligible to attend the State-supported kindergarten program, a child shall have attained age 5 years by September 1 of that year. Until a local school system is able to enroll all children desiring entry into its kindergarten program on at least a one half-day basis, it shall select to the degree allowed by rules and regulations of Title I of the Elementary and Secondary Education Act (P. L. 89-210, as amended), the children with the greater developmental needs for enrollment into the State- supported kindergarten program. (e) The State Board of Education shall have the authority to establish minimum requirements and standards for distribution, use, and expenditure of funds allotted under this section to local units of administration. (f) Each isolated school shall receive at least one additional instructional unit. The instructional unit provided for herein shall be in addition to instructional units allotted under section 25A of this Act relative to isolated schools. Section 2. Effective date. This act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1977.

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EDUCATIONPOLICY REGARDING PUBLIC SCHOOL FACILITIES ESTABLISHED. No. 623 (House Bill No. 905). 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 a State policy concerning public school facilities; to provide definitions; to require certain inventories; to provide for a local facilities plan; to provide for a comprehensive survey; to provide for financing for capital facility improvements; to establish uniform rules, regulations, policies and standards; to authorize the State Board of Education to make payments to meet the terms of certain lease contracts; to provide for the allotment of certain funds by the State Board of Education; 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, is hereby amended by striking section 48 in its entirety and substituting in lieu thereof a new section 48 to read as follows: Section 48. Physical facilities; inventories; planning; surveys; allotments. (a) It is hereby declared to be the policy of the State of Georgia to assure that every student in Georgia's public schools shall be housed in a facility which is well designed and adaptable to the programs offered, which is structurally sound and wellmaintained, and which has adequate space and equipment to meet each student's instructional needs. (b) The term capital facilities, as used in this Act, shall be deemed to include building, fixtures, and equipment necessary or desirable for the effective and efficient operation of the public schools and all facilities related or incidental thereto, which, without limiting the generality of the foregoing, shall be deemed

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to include classrooms, libraries, facilities for physical education and fine arts, laboratories, restrooms, equipment rooms, offices, teacher lounges, lunchrooms, assembly rooms, equipment and fixtures therefore, related exterior facilities, equipment, landscaping and paving and such other similar items as the State Board of Education may deem necessary for the effective and efficient operation of public schools. the term facility improvements, as used in this Act, shall include, but not necessarily be limited to, capital outlay projects for the purpose of constructing, renovating, altering, replacing, enlarging, or consolidating instructional facilities of local units of administration. The term local unit of administration, as used in this section, shall be deemed to include all local units of government which administer public elementary, secondary and area vocational-technical schools. Definitions. (c) Each local unit of administration shall have a comprehensive and annually-updated facility inventory after January 1, 1979, in order to qualify for State funds under this Act for the purpose of improving its capital facilities. Such an inventory shall include, but not necessarily be limited to, location and size of each parcel of land owned by the local unit; design-type and year of construction for each building upon such parcels; size, number of designed teaching stations, and number of designed student stations for each room in such buildings; and such other similar items of information as the State Board of Education may, in its discretion, deem necessary for effective facility inventory. The Georgia Department of Education shall have certified that each local unit's inventory is accurate prior to the initiation of a comprehensive facilities survey or prior to the granting of any State funds for capital facilities improvements. Annual inventory. (d) Each local unit of administration shall have completed a local facilities plan within six months of initiating a comprehensive facilities survey after June 30, 1979, in order to qualify for State funds under this Act for the purpose of improving its capital facilities. Such a facilities plan shall include, but not necessarily be limited to, a description of all new facilities needed seven years hence, a list of facilities projected for abandonment for said period of time, a description of needed facility renovations during said period, a description of needed expansion of existing

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facilities during said period, the results of all considerations concerning the merger of small and inefficient facilities and the merger of programs for students of low-incidence conditions, and such other similar facility improvements as the State Board may, in its discretion, deem necessary for an effective local facilities plan. The State Board is authorized to adopt necessary rules and guidelines for the development of local facilities plans by local units of administration. Facilities plan. (e) A comprehensive facilities survey of each local unit's capital facilities needs for seven years hence shall be completed for each local unit at least once every five years, and in order to receive a grant of State funds under this Act for the purpose of improving capital facilities. Such a survey shall include, but not necessarily be limited to, needs resulting from growth, development patterns, obsolescence, program improvements and expansions, and such other similar conditions as the State Board may, in its discretion, deem necessary for an effective capital facilities improvement program. All comprehensive facilities surveys will be initiated via a local board resolution which states the desirable dates during which the survey will be conducted, suggests the number of teams which will participate in the survey and their assignments, and includes a statement that the local unit will reimburse team members for out-of-pocket expenses for travel, meals and lodging. The local board may, at its discretion, suggest the names of individuals to be assigned to teams. Upon receipt of said resolution, the Georgia Department of Education shall constitute the make-up of the necessary teams, excluding residents and employees of the local unit of administration and employees of the Department from consideration. All individuals selected by the Department to serve on such teams shall be acceptable to the local unit of administration. The survey teams, using the current facility inventory and the current local facilities plan as the starting point, will recommend to the State Board of Education the capital facility improvements needed by the local unit for the period of seven years hence, including a cost estimate for each recommended improvement. A local system shall not be eligible for State grants under this section or accrue annual entitlements until it has submitted priorities for all recommended facility improvements to the State Board. The State Board of Education, supplied with an assessment of said survey by the State Department of Education, shall have the authority to approve or reject

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the recommendations of the survey team. The State Board shall adopt procedures for an appeal by a local unit of administration concerning survey recommendations for which definitive evidence exists that said recommendations are not in the best interest of the system's students and for amending the survey to reflect unforeseen changes which have occurred within three years of the completion of the survey. The State Board is authorized to adopt necessary rules and guidelines for the execution of comprehensive facility surveys. Survey required at 5 year intervals. (f) The State Board of Education shall annually determine the facility needs for each school system for the period seven years hence. After June 30, 1979, the State Board shall compute such facility needs by summing the following: (1) the total debt service obligated by the local unit of administration for projects which were approved by the State Board after June 30, 1977, and (2) the total improvement needs recommended by the most recent comprehensive facilities survey, adjusted downward for projects financed since the completion of the survey and for accrued entitlements, and appropriately adjusted for the current level of construction cost. (g) Each local unit shall have an annual entitlement for capital facility improvement after June 30, 1979, as determined by regulations to be established by the State Board of Education. Such regulations shall include, but not be limited to, consideration of the ratio of a local system's need to the total State needs as computed in subsection (f). During any fiscal year, a local unit of administration shall not receive any State assistance for capital facilities improvements unless it has dedicated for capital facilities improvements an amount of funds which has been determined by the State Board of Education to reflect the local unit's financial ability to participate annually in the facilities improvement program authorized under this section and which will be derived from sources other than State and federal grants. Each local unit shall expend funds from its State entitlement upon projects approved in the most recent comprehensive facilities survey and only on projects in the order of priority that has been submitted to and approved by the State Board. The State Board is authorized to enter into contracts with local units of administration for allotment and for utilization of State capital facilities funds. Until June 30, 1979, the State Board is

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authorized to establish priorities for the construction of capital facilities for the purpose of making allotments of State capital outlay funds under the provisions of this section. Allotment of funds to local units. (h) After June 30, 1979, the State Board of Education shall annually determine the appropriation needed to fund all projects for which entitlements are sufficient and for which the requirements of subsection (g) have been met, and shall submit this information to the Office of Planning and Budget. In the event the appropriation for capital facilities improvements in a given year is less than the amount needed for such projects, the State Board of Education shall fund fully as many projects as the appropriation will permit based on an equitable priority system to be established by the State Board of Education by January 1, 1978. Board of Educationduties. (i) The State Board of Education shall, notwithstanding any other provision of this Act but in aid of same, have discretion, to establish uniform rules, regulations, policies, standards, authority, in its requirements and criteria respecting all location, construction, equipping, operation, maintenance, use and matters pertaining or relating to consolidation of schools and school facilities as may be reasonably necessary to assure effective, efficient and economical operation of the schools and all phases of the public education program, and shall, for the purposes of this section, consider such matters in making future allotments of capital outlay funds. Without in any way limiting the generality of the foregoing, such matters may include method, manner, type and minimum specifications for construction of such facilities and installation of fixtures and equipment therein, amount of space to be provided per pupil, number and size of classrooms, areas to be served by such facilities, and such other matters as the State Board may consider important for such purposes. (j) In the event any local unit of administration enters into a lease contract with the State School Building Authority or the Georgia State Financing and Investment Commission for the use of facilities for the Authority or Commission pursuant to a commitment by the State Board for future allotments of State capital outlay funds, the State Board of Education, upon receipt of an executed

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copy of said lease contract, is hereby authorized and directed to monthly, quarterly or annually pay to the Authority or Commission such part of such funds to be made available to the local unit of administration under this section as may be required to meet the terms of such lease contract. Lease contracts. (k) Notwithstanding the foregoing provisions of this section, the State Board of Education shall hereafter annually allot to or on behalf of each local unit of administration State capital outlay funds sufficient to meet commitments for allocation of State capital outlay funds entered into by and between the State Board of Education and the boards of education of local units of administration under the 1960-61 State school building program. The State Board of Education shall make such allotments of State capital outlay funds from any funds available to the State Board of Education. Section 2. This Act shall become effective upon its approval by the Governor or upon 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, 1977. RETAILERS' AND CONSUMERS' SALES AND USE TAX AMENDEDAD VALOREM MILL RATE CHANGED FOR CITIES LOCATED IN MORE THAN ONE COUNTY. No. 624 (House Bill No. 1061). An Act to amend 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), and an Act approved March 31, 1976 (Ga. L. 1976, p. 1019), so as to modify the ad valorem mill rate reduction by municipalities whose corporate limits are located in more than one county; to provide

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an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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), and an Act approved March 31, 1976 (Ga. L. 1976, p. 1019), is hereby amended by adding at the end of the first paragraph of subsection (k) of section 26A, a new sentence to read as follows: Provided, however, that when the corporate limits of a municipality are within more than one county, the reduction in ad valorem mill rate required by this subsection shall apply only in that portion of the municipality levying the tax or collecting any proceeds from the tax. 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. Approved March 24, 1977. BOARDS OF TAX EQUALIZATIONREQUIREMENTS FOR NOTICE OF DECISIONS CHANGED. No. 625 (Senate Bill No. 13). An Act to amend an Act providing for the review of assessments made by county boards of tax assessors, approved April 6, 1972 (Ga. L. 1972, p. 1094), as amended, so as to change certain provisions relative to providing notice of decisions by the board of equalization; 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 for the review of assessments made by county boards of tax assessors, approved April 6, 1972 (Ga. L. 1972, p. 1094), as amended, is hereby amended by striking from paragraph (3) of subsection (F) of section 5 the following: registered mail, and substituting in lieu thereof the following: certified mail, so that when so amended, paragraph (3) shall read as follows: (3) The decision of the board shall be in writing signed by each member of the county board of equalization, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of the provisions of section 8 hereof and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending copy of the decision by certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. All three members must be present and participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three must sign the decision indicating their vote. 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. Approved March 30, 1977.

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TEACHER'S RETIREMENT SYSTEMBENEFITS INCREASED. No. 626 (Senate Bill No. 23). An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide for additional postretirement benefit adjustments to the extent that funds are appropriated therefor; to provide for other matters relative thereto; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by adding at the end of paragraph (d) of subsection (2) of section 5 a new paragraph to read as follows: To the extent that the necessary funds are appropriated therefor by the General Assembly, the Board of Trustees shall increase the retirement benefits of beneficiaries under this Act when the retirement benefit formula provided for in paragraph (b) of this subsection is changed to result in an increase in retirement benefits. The basis for such increase shall be the average percentage of increase in retirement benefits which results from the change in said retirement benefit formula. The provisions of this paragraph shall apply to all changes in said retirement benefit formula which have become effective since June 30, 1975, for all beneficiaries under this Act who retired on or before June 30, 1977, and to any such changes that may become effective at any time after June 30, 1977. Any member who retires at any time after June 30, 1977, shall receive the postretirement benefit adjustment provided for herein only for those changes in the retirement benefit formula which become effective after his retirement. In the event the General Assembly at any time appropriates some but not all of the funds necessary to fund the postretirement benefit adjustments provided for in this paragraph, then the postretirement benefit adjustment otherwise payable under this paragraph shall be reduced pro rata by the

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Board of Trustees in accordance with the funds actually appropriated by the General Assembly for such purpose. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. MOTOR VEHICLESFLASHING OR REVOLVING LIGHTS REGULATED. No. 627 (Senate Bill No. 31). An Act to provide that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights; to prohibit the operation of motor vehicles with flashing or revolving lights other than emergency vehicles which have been designated by the Department of Public Safety as an emergency vehicle; to require permits to be obtained for any other flashing or revolving lights to be placed on any other vehicle; to provide for certain exemptions; to provide for penalties; to repeal an Act relating to the use of flashing blue lights on motor vehicles, approved March 7, 1966 (Ga. L. 1966, p. 208); to repeal an Act relating to the use of flashing lights on motor vehicles, approved April 6, 1972 (Ga. L. 1972, p. 1092), as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 583), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1188); 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, firm or corporation to operate any motor vehicle with flashing or revolving blue lights, except motor vehicles owned, or leased by any federal, State or local law enforcement agency. Section 2 . All emergency vehicles shall be designated as such by the Department of Public Safety. The Department of Public

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Safety shall so designate each vehicle by issuing to such vehicle a permit to operate flashing or revolving emergency lights of the appropriate color, such permit to be valid for one (1) year from date of issuance. Section 3 . The Department of Public Safety shall only authorize the use of red or amber flashing or revolving lights when the person, firm, or corporation or governmental agency shall demonstrate to the Department a proven need for equipping a vehicle with emergency lights. The fee for such lights shall be two dollars ($2.00), provided that any federal, State, county, or municipal governmental agency shall not be required to pay such fees. Section 4 . Nothing contained in section 3 shall prohibit the Department of Public Safety from issuing a single special use permit to cover more than one vehicle, provided each vehicle covered under such special use permit shall pay the fee herein specified. Section 5 . Nothing contained within this law shall be deemed to apply to nor construed to prohibit blinking or flashing parking or brake lights, or directional signals on any motor vehicle. Section 6 . The Commissioner of the Department of Public Safety shall implement any and all provisions of this law by the promulgation of necessary rules and regulations. Section 7 . Any person, firm, or corporation violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 8 . An Act relating to the use of flashing blue lights on motor vehicles, approved March 7, 1966 (Ga. L. 1966, p. 208), is hereby repealed in its entirety. Section 9 . An Act relating to the use of flashing lights, approved April 6, 1972 (Ga. L. 1972, p. 1092): as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 583), and an Act approved April 24, 1975 (Ga. L. 1975, p. 1188), is hereby repealed in its entirety.

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Section 10 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT. Code Title 68C Added. No. 628 (Senate Bill No. 53). An Act to revise, consolidate and modernize present laws relating to financial responsibility of operators or owners of motor vehicles upon the highways of this State and to establish new laws relating thereto; to codify such laws as Title 68C of the Code of Georgia of 1933, as amended; to define terms used in this Title; to provide for the administration of this Title; to provide for accident reports; to provide for the determination of required security; to provide for a hearing in connection therewith; to provide for suspensions on failure to deposit security; to provide for the duration of such suspensions; to provide for exceptions to the security requirement; to provide for agreements for the payment of damages; to provide the application of this Title to nonresidents, unlicensed drivers, unregistered vehicles and accidents in other states; to provide for insurance policy requirements; to provide for the form and amount of required security; to provide for departmental action in connection therewith; to provide for the custody, disposition, and return of security; to provide for court certificates, to provide that certain matters shall not be evidence in civil suits; to provide for unsatisfied judgments; to provide for suspensions in connection therewith; to provide for installment payments in connection therewith; to provide for proof of financial responsibility for the future; to provide for the duration and methods of giving such proof; to provide for

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such proof upon conviction of certain offenses; to provide for assigned risk plans; to provide for self-insurers; to provide for the reinstatement of licenses and registration; to provide for U-Drive-It insurance; to provide for penalties for the violation of offenses set forth in this Title; to provide for severability; to provide for specific repealers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Code of Georgia of 1933 is hereby amended by adding thereto the following Title 68C, which shall be known as The Motor Vehicle Safety Responsibility Act: TITLE 68C THE MOTOR VEHICLE SAFETY RESPONSIBILITY ACT ARTICLE I DEFINITIONS 68C-101.(a) All words, whenever used in this Title, shall have the same meaning as ascribed to them in section 101 of Title 68A of the Georgia Code, `The Uniform Rules of the Road', unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the section of which they are a part. (b) The following words and phrases, whenever used in this Title, shall have the meaning as in this section ascribed to them, unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the section of which they are a part: (1) AccidentCollision of any motor vehicle with another vehicle or with any object or fixture or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one person to an extent of $100 or more is sustained.

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(2) CommissionerThe Commissioner of Public Safety of the State of Georgia. (3) DepartmentThe Department of Public Safety of the State of Georgia. (4) OperatorEvery person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. (5) Proof of Financial Responsibility(a) Proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, in the amount of $ 10,000 because of bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of $20,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $5,000 because of injury to or destruction of property of others in any one accident, or (b) Proof of ability to respond in compensation to certain injured individuals, without regard to fault, up to an aggregate minimum limit of $5,000 per injured person in compliance with the provisions of the Georgia Motor Vehicle Accident Reparations Act (Ga. L. 1974, p. 113). (6) RegistrationThe registration certificates and registration plates issued under the laws of this State pertaining to the registration of vehicles. (7) Suspension of Driver's LicenseThe temporary withdrawal by formal action of the Department of a resident's license or nonresident's privilege to operate a motor vehicle on the public highways. ARTICLE II ADMINISTRATION 68C-201.Commissioner to Administer Title. (a) The Commissioner shall administer and enforce the provisions of this Title

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and is hereby authorized to adopt and enforce rules and regulations necessary for its administration. The Commissioner shall prescribe and provide suitable forms requisite or deemed necessary for the purposes of this Title. (b) The Commissioner shall provide for hearings upon request of persons aggrieved by orders or acts of the Commissioner under the provisions of this Title, provided that such hearings shall not be subject to the procedural provisions of the Georgia Administrative Procedure Act, an Act approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. (c) The Commissioner is hereby authorized to adopt and enforce rules and regulations necessary for the administration of such hearings, including but not limited to, hearings provided in section 68C-302. Except as provided in section 68C-302, a request for a hearing under the provisions of this Title shall not operate as a stay of any order or act of the Commissioner. (d) The Commissioner's decision as rendered at such hearing shall be final unless the aggrieved person shall desire an appeal, in which case he shall have the right to enter an appeal to the Superior Court of the county of his residence or for Fulton County by filing a complaint in the Superior Court naming the Commissioner as defendant, within 30 days from the date the Commissioner enters his decision or order, except that appellant shall not be required to post any bond nor pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at term or in chambers or before a jury at the first term. The hearing on the appeal shall be de novo. However, such appeal shall not act as a supersedeas of any order or acts of the Commissioner, nor shall the appellant be allowed to operate or permit a motor vehicle to be operated in violation of any suspension or revocation by the Commissioner, while such appeal is pending. ARTICLE III ACCIDENT REPORTS; SECURITY 68C-301.Report Required Following Accident. (a) The operator of every motor vehicle which is in any manner involved

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in an accident in this State in which any person is killed or injured, or in which damage to the property of any one person, including himself, to the extent of $100 or more is sustained shall within 10 days after such accident report the matter in writing to the Commissioner. The owner of any parked vehicle which is involved in an accident shall file a report within 10 days after learning of the accident. Such report, the form of which shall be prescribed by the Commissioner, shall contain sufficient information to enable the Commissioner to determine whether the requirements for the deposit of security under section 68C-302 are inapplicable by reason of the existence of insurance or other exceptions specified in this Title. (b) The driver or the owner of the vehicle involved in the accident shall furnish such additional relevant information as the Department may require. (c) If such operator is physically incapable of making a report and is not the owner of the motor vehicle involved, the owner of the motor vehicle involved in the accident shall, within 10 days after learning of the accident, make such report. If the operator and owner is the same person, and is physically incapable of making such report within the required 10-day period, such person shall file the report as soon as he is able to do so, and in the meantime, the Commissioner has authority to request a report of the accident from any officer who investigated the accident. 68C-302.Department to Determine Amount of Security Required; Hearing. (a) The Department, not less than 30 days after receipt of an accident report or notice of an accident, shall determine the amount of security sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner. Such determination shall be made on the basis of the reports or other information submitted. (b) The Department, upon determining the amount of security required, shall give written notice to each operator or owner of the amount of security required to be deposited by him. Such notice shall state that each operator's or owner's license and vehicle registration shall be suspended on the thirtieth day from the date of mailing of notice unless within that time the required

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security is deposited and such owner or operator shall give proof of financial responsibility for the future. (c) Any person so notified may, within 10 days after receipt of such notification, make a written request to the Department for a hearing; such request shall operate as a stay of any suspension pending the outcome of such hearing. The scope of such hearing, for the purposes of this section, shall cover the issues of whether there is a reasonable possibility that a judgment could be rendered against such person in a lawsuit arising out of the accident and whether such person is exempt from the requirement of depositing security under section 68C-304. The Department may also consider at such hearing the amount of security required. The requirements of depositing security under this section shall not apply to any person against whom the Department has found that there is not a reasonable possibility of a judgment being rendered. For the purposes of this section, a `hearing' may consist of a Department determination of such issues, such determination to be based solely on written reports submitted by the operator or owner and by investigatory officers, provided that the owner or operator in his request to the Department for a hearing has expressly consented to such type hearing and provided further that the Department has consented thereto. (d) Any person whose suspension has been sustained shall have the right to petition for judicial review; provided, however, that such suspension shall not be stayed while such appeal is pending. 68C-303.Failure to Deposit Security; Suspension; Duration. (a) In the event that any person required to deposit security fails to deposit such security within 30 days from the date of mailing of notice as hereinbefore provided, and such person does not make a timely request for a hearing, or in the event any person fails to deposit security after the Department has determined that there exists a reasonable possibility of a judgment being rendered against such person, the Department shall thereupon suspend: (1) The driver's license of such person;

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(2) The registration of all vehicles owned by such person which are subject to registration under the laws of this State; (3) If such person is a nonresident, the privilege of operating or permitting the operation of a vehicle within this State. (b) The license and registration or nonresident's operating privilege shall remain so suspended and shall not be restored nor shall any such license and registration be issued to such person, nor shall such nonresident's operating privilege be restored, until: (1) Such person shall deposit or there shall be deposited on his behalf the security and proof of financial responsibility for the future as required by this Title; or (2) One year shall have elapsed following the date of such suspension and evidence satisfactory to the Department has been filed with it that during the period of suspension no action for damages arising out of the accident has been instituted; or (3) Evidence satisfactory to the Commissioner has been filed with him of a release from liability, or a final adjudication of nonliability. 68C-304.Exceptions to Requirement of Security. The requirements as to security and suspension provided in section 68C-302 and section 68C-303 shall not apply: (1) To the driver or owner if the owner had in effect at the time of the accident an automobile liability policy with respect to the vehicle involved in the accident, except that a driver shall not be so exempt if at the time of the accident the vehicle was being operated without the owner's permission, express or implied; (2) To the driver, if not the owner of the vehicle involved in the accident, if there was in effect at the time of the accident an automobile liability policy with respect to his driving of vehicles not owned by him, which provided him with liability coverage in the operation of the motor vehicle involved in such accident; (3) To a driver or owner whose liability for damages resulting from the accident is, in the judgment of the Department, covered

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by any other form of liability insurance policy; (4) To any person qualifying as a self-insurer under section 68C-602 or to any person operating a vehicle for such self- insurer; (5) To the driver or the owner of a vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such driver or owner; (6) To the operator or the owner of a motor vehicle legally parked at the time of the accident; (7) To the owner of a vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating such vehicle without such permission; (8) To a resident of this State involved in an accident with a nonresident of this State when the damage is less than $300, except upon the written request of an party in interest; (9) If prior to the date that the Department would otherwise suspend license and registration or nonresident's operating privilege under section 68C-303, there shall be filed with the Department evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or finally adjudicated not to be liable. 68C-305.Agreements for Payments of Damages. (a) Any two or more of the persons involved in or affected by an accident may enter into a written agreement for the payment of an agreed amount with respect to all claims of any of such persons because of bodily injury to or death or property damage arising from such accident, which agreement may provide for payment in installments, and may file a signed copy thereof with the Department. (b) The Department, to the extent provided by any such written agreement filed with it, shall not require the deposit of security and shall terminate any prior order of suspension, or, if security

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has previously been deposited, the Department shall immediately return such security to the depositor or his personal representative. 68C-306.Application to Nonresidents, Unlicensed Drivers, Unregistered Vehicles, and Accidents in other States. (a) In case the operator or the owner of a vehicle involved in an accident in this State has no license or registration, then such operator shall not be allowed a license, nor shall such owner be allowed to register any vehicle until he has complied with the requirements of this Title to the same extent that would be necessary if, at the time of the accident, he had held a license or been the owner of a vehicle registered in this State. (b) When a nonresident's operating privilege is suspended pursuant to section 68C-303 or section 68C-402, the Department shall transmit a certified copy of the record of such action to the official in charge of the issuance of licenses and registration certificates in the state in which such nonresident resides, if the law of such other state provides for action in relation thereto similar to that provided for in subsection (c) of this section. (c) Upon receipt of a certification that the operating privilege of a resident of this State has been suspended in another state pursuant to a law providing for its suspension for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the Department to suspend a nonresident's operating privilege had the accident occurred in this State, the Department shall suspend the license of such resident and such resident's vehicle registration if he was the owner or operator of a motor vehicle involved in said accident. Such suspension shall continue until such resident furnishes evidence of his compliance with the laws of such other state relating to the showing of proof of financial responsibility, or reinstatement of operating or registration privilege. 68C-307.Requirements as to Policy; Form and Amount of Security; Departmental Action. (a) No policy shall be effective under section 68C-304 unless issued by an insurance company authorized to do business in this State, except as provided in subsection (b) of this section, nor unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a

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limit, exclusive of interest and costs, of not less than $10,000 because of bodily injury or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than $20,000 because of bodily injury or death to two or more persons in any one accident, and if the accident has resulted in injury to, or destruction of, property, to a limit of not less than $5,000 because of injury to or destruction of property of others in any one accident. (b) No policy shall be effective under section 68C-304 with respect to any vehicle which was not registered in this State or was a vehicle which was registered elsewhere than in this State at the effective date of the policy or the most recent renewal thereof unless the insurance company issuing such policy is authorized to do business in this State, or if said company is not authorized to do business in this State, unless it shall execute a power of attorney authorizing the Commissioner to accept service on its behalf of notice or process in any action upon such policy arising out of such accident. (c) The security under this Title shall be in such amount as the Department may require, but in no case in excess of the limits specified in subsection (a) of this section. Every depositor of security shall designate in writing every person on whose behalf the deposit is made and may at any time change such designation, in writing, to include an additional person or persons: Provided, however, that a single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident. (d) The Department may, upon written notice to all parties involved, reduce or increase the amount of security ordered in any case within six months after the date of the accident if in its judgment the amount ordered is excessive or inadequate. In case the security originally ordered has been deposited, the excess deposit over the reduced amount ordered shall be returned to the depositor or his personal representative. (e) Whenever erroneous information is given the Department with respect to the matters set forth in subsections (1), (2), or (3) of section 68C-304, the Department shall take appropriate action as provided in section 68C-302, after receipt of correct information

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with respect to such matters. 68C-308.Custody, Disposition, and Return of Deposit. (a) The Department shall place any security deposited with it under this Title in the General Treasury. Such security shall be applicable and available only: (1) For the payment of any settlement agreement covering any claim arising out of the accident upon instruction of the person who made the deposit; or (2) For the payment of a judgment or judgments, rendered against the person required to make the deposit, for damages arising out of the accident in an action at law begun not later than one year after the deposit of such security or within one year after the date of deposit of any security following failure to make payments under an agreement to pay. (b) Upon the expiration of one year from the date of any deposit of security, any security remaining on deposit shall be returned to the person who made such deposit or to his personal representative, or if said depositor has died to a person authorized to receive the deposit as provided in an Act approved March 27, 1972 (Ga. L. 1972, p. 412), if evidence satisfactory to the Department has been filed with it: (1) That no action for damages arising out of the accident for which deposit was made is pending against any person on whose behalf the deposit was made; and (2) That there does not exist any unpaid judgment rendered against any such person in any such action. (c) In any case where, after the expiration of one year from the date of any deposit of security, the Commissioner is unable to contact the depositor by mail, nor receives any response from the depositor, the Commissioner shall have a notice printed in the local newspaper in which legal notices are usually printed, in the county of the last known address of the depositor, once each week for four consecutive weeks. Such notice shall specify that the depositor is eligible for the return of the security subject to the provisions of this section, and shall further specify that if no

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response is received from the notice within one year from the date on which the last notice is printed, the security will be deposited in the general fund of the State treasury. If no response from the notice is received by the Commissioner, the Commissioner shall dispose of the security as provided herein. The cost of the publication shall be deducted from the security on deposit, regardless of whether the security is returned to the depositor or his legal representative or deposited in the State treasury. After such security is deposited in the general fund of the State treasury, the Director of the Fiscal Division of the Department of Administrative Services is hereby authorized to return such security to the proper person as provided in this section as a refund, in the event proof is furnished to the Commissioner that such person is the proper person to whom such security should be refunded. The Director of the Fiscal Division of the Department of Administrative Services shall make no such refund without a certification by the Commissioner of the name of the person to whom the refund should be made. (d) Upon receiving a certificate from the clerk of any court wherein a judgment has been obtained against the person in whose behalf the deposit was made, which certificate shall set forth the parties to the litigation, time, place, and date of the accident, the fact that the judgment is unsatisfied of record and that the time for appeal has expired, it shall be the duty of the Commissioner to immediately transmit to the clerk of said court any cash security held by the Department to be applied to the satisfaction of said judgment and any accrued interest and court costs. Any additional security over and above the amount required to satisfy the foregoing shall be returned by the Department to the depositor. 68C-309.Court Record; Pending Action; Unsatisfied Judgment; Certificate by Clerk. At the end of the expiration of one year from the date of the accident or one year from the date of the suspension under the provisions of this Title, the clerk, or the judge if there is no clerk, of the courts of this State having jurisdiction over civil cases shall, upon request of an operator or owner or an authorized representative of either, check the records of such court and furnish said operator or owner or authorized representative with a ce rtificate showing whether or not there is an action at law pending or an unsatisfied judgment

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on file against the said operator or owner arising out of the accident which necessitated the depositing of security or on which the suspension was based. The cost of such certification shall be $1.00 and shall be paid by the party requesting same. 68C-310.Matters Not to Be Evidence in Civil Suits. Neither the report required under section 68C-301, the action taken by the Department pursuant to this Title, the findings, if any, of the Department, upon which such action is based, nor the security filed as provided in this Title shall be referred to in any way, nor be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages. Whenever any Superior Court of this State shall review an order of the Commissioner sustaining any suspension for failure to deposit security, as provided in section 68C-302(d), such court may consider the written reports considered by the Department in its hearing, as authorized by section 68C-302(c). ARTICLE IV UNSATISFIED JUDGMENTS 68C-401.When Courts, Department, to Report Nonpayment of Judgments. (a) Whenever any person fails within 30 days to satisfy any judgment rendered in an action at law arising out of a motor vehicle accident, to which no appeal has been entered or motion for a new trial entered, then upon the request of the judgment creditor or his attorney, it shall be the duty of the court in which such judgment is rendered within this State to forward to the Department immediately after the expiration of said 30 days a certified copy of such judgment. The court shall be entitled to a $1.00 fee for such services which shall be included as a part of the cost of said action at law. (b) If the defendant named in any certified copy of a judgment reported to the Department is a nonresident, the Department shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registrations of the state of which the defendant is a resident. 68C-402.Suspension for Nonpayment of Judgment. (a) The

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Department, upon receipt of a certified copy of such judgment, shall suspend the license and registration or nonresident's operating privilege of the person against whom such judgment was rendered, except as provided in subsections (b) and (c) of this section. (b) If the judgment creditor consents, in writing, in such form as the Department may prescribe, that the judgment debtor be allowed license and registration or nonresident's operating privilege, the same may be allowed by the Department, in its discretion, for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment, or of any installments as provided in section 68C-404. (c) The Department shall take no action pursuant to subsection (a) of this section if it shall find that an insurer was obligated to pay the judgment upon which suspension is based, at least to the extent and for the amounts required in this Article, but has not paid such judgment for any reason. Such finding shall not be binding upon such insurer and shall have no legal effect whatever except for the purposes of administering this section. Whenever, in any judicial proceedings, it shall be determined by any final judgment, decree or order that an insurer is not obligated to pay any such judgment, the Department, notwithstanding any contrary finding theretofore made by it, shall forthwith suspend the license and registration and any nonresident's operating privilege of any person against whom such judgment was rendered. 68C-403.Suspension to Continue until Judgments Paid. (a) Such license, registration and nonresident's operating privilege shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of such person, including any person not previously licensed, unless and until every such judgment is stayed, satisfied in full or to the extent hereinafter provided subject to the exceptions provided in this Chapter. (b) Judgments herein referred to shall, for the purpose of this Title only, be deemed satisfied:

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(1) When $10,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or (2) When, subject to such limit of $10,000 because of bodily injury to or death of one person, the sum of $20,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or (3) When $5,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident. Provided, however, payments made in settlements of any claims because of bodily injury, death or property damage arising from such accident shall be credited in reduction of the amounts provided for in this section. 68C-404.Installment Payment of Judgments; Default; Action for Breach of Agreement. (a) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments. (b) The Department shall not suspend a license, registration, or nonresident's operating privilege, and shall restore any license, registration, or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor obtains such an order permitting the payment of any such judgment in installments, and while the payment of any said installments is not in default. ARTICLE V PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE 68C-501.Duration of Proof; Methods of Giving Proof. (a) In

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all those situations under this Title in which proof of financial responsibility for the future is required, such proof must be maintained for a one-year period. (b) Such proof may be given by filing with the Department: (1) A written certificate of any insurance carrier certifying that there is in effect a liability policy as to that vehicle meeting the requirements of subsections (a) and (b) of section 68C-307; or (2) A plan of self-insurance, accepted by the Commissioner, as provided in section 68C-602. 68C-502.(a) Whenever any person is convicted of any offense making mandatory the suspension of such person's license, the Department shall not restore the license to such person until permitted under the motor vehicle laws of this State, and not then unless and until such person shall give and thereafter maintain proof of financial responsibility for the future. (b) Any insurance company filing a certification with the Department in order for the operator to show the proof required herein shall not cancel such certification within 12 months from its effective date except for a subsequent conviction of any offense requiring the mandatory suspension of such operator's license; provided, however, that the Department shall be given at least 20 days prior written notice of such cancellation. The Commissioner may, in his discretion, permit the cancellation of such certificate for other cause made known to and approved by him. If such operator does not have the required proof any time during the one-year period following the date of restoration of his driver's license, the Department shall immediately revoke the license of such operator. ARTICLE VI OTHER PROVISIONS RELATING TO FINANCIAL RESPONSIBILITY 68C-601.Assigned Risk Plans; Review of Decision of Insurance Commissioner. After consultation with insurance companies

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authorized to issue automobile policies in this State, the Insurance Commissioner shall approve a reasonable plan or plans for the equitable apportionment among such companies of applicants for such policies and for motor vehicle liability policies who are in good faith entitled to but are unable to procure such policies through ordinary methods. When any such plan has been approved, all such insurance companies shall subscribe thereto and participate therein. Any applicant for any such policy, any person insured under any such plan, and any insurance company affected, may appeal to the Insurance Commissioner from any ruling or decision of the manager or committee designated to operate such plan. Any person aggrieved hereunder by any order or act of the Insurance Commissioner may, within ten days after notice thereof, file a petition in the Superior Court of the county of his residence for a review thereof. The court will summarily hear his petition and may make any appropriate order or decree. 68C-602.Self-Insurers. (a) Any person in whose name one or more vehicles are registered in this State may qualify as a self-insurer by obtaining a certificate of self-insurance from the Department. The Department may, in its discretion, upon the application of such person, issue such a certificate when it is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with the Georgia Motor Vehicle Accident Reparations Act (Ga. L. 1974, p. 113), as now or hereafter amended. (b) Upon a determination by the Department that any self-insurer has failed to pay on any valid claim within thirty days of its submission or has failed to satisfy any judgment within thirty days after such judgment shall become final, the Department shall revoke such insurer's certificate. The Commissioner may on reasonable grounds cancel a certificate of self-insurance and is hereby authorized to promulgate rules and regulations prescribing such grounds for the cancellation of such certificates. 68C-603.Exceptions to Application of Chapter. The provisions of this Title shall not apply with respect to any motor vehicle owned by the United States, State of Georgia, any political

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subdivision of this State, any municipality therein, or any motor carriers required by any other law to file evidence of insuring or other surety. The provisions of sections 68C-301, 68C-502, and Article VII of Title 68C shall apply as to the operator of such motor vehicles. All provisions of this Title shall apply to the operator of such motor vehicles while on unofficial business. 68C-604.Insurance for U-Drive-It Operator. Any person, firm, corporation or association who rents motor vehicles from a U- Drive-It owner is hereby required to provide their own insurance and the insurance companies referred to in section 68C-601 of this Title shall be required by the Insurance Commissioner to provide `spot' insurance which shall be purchased by said third person, firm, corporation or association before said U-Drive-It owner shall be authorized to turn a motor vehicle over to said person, firm, corporation, or association; provided, however, that in the event said U-Drive-It owner turns over any motor vehicle to said person, firm, corporation or association without first ascertaining that such `spot' insurance has been obtained, then said U- Drive-It owner shall not be exempted from the provisions of this Article as provided in section 68C-603 as to that particular rental transaction. 68C-605.Reinstatement of Licenses and Registration; Fee. Whenever a license or registration is suspended under any provisions of this Title and the filing of proof of financial responsibility is made a prerequisite of reinstatement to such licenses or registrations or both, no such license or registration shall be reinstated unless the driver or owner, in addition to complying with the other provisions of this Title, pays the Department a fee of $10.00. Only one such fee shall be paid by any one person irrespective of the number of licenses and registrations to be reinstated. The fees paid pursuant to this section shall be expendable receipts to be used only by the Department toward the cost of administration of the provisions of this Title. 68C-606.Chapter Supplemental to Motor Vehicle Laws. This Title shall in no respect be considered as a repeal to the State motor vehicle laws but shall be construed as a supplemental thereto. 68C-607.Chapter Not to Prevent Other Process. Nothing in

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this Chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law. ARTICLE VII PENALTIES FOR VIOLATION OF TITLE 68C 68C-701.Transfer of Registration to Defeat Purpose of Title Prohibited. (a) If an owner's registration has been suspended under this Title, such registration shall not be transferred nor the vehicle in respect to which such registration was issued be registered in any other name until the Department is satisfied that such transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this Act. (b) Nothing in this section shall in any way affect the rights of any conditional vendor, chattel mortgagee, or lessor of such a vehicle registered in the name of another as owner who becomes subject to the provisions of this Title. 68C-702.Surrender and Return of License and Registration. (a) Any person whose license or registration shall have been suspended under any provision of this Title, shall immediately return his license and registration to the Department. If any person shall fail to return to the Department such license or registration, the Department shall direct any peace officer to secure possession thereof and to return the same to the Department. (b) Any person wilfully failing to return license or registration as required in subsection (a) of this section shall be fined not more than $500 or imprisoned not to exceed 30 days, or both. 68C-703.Failure to Report Accident; Penalty. (a) Failure to report an accident as required in section 68C-301 shall be punished by a fine of not more than $25.00. The Department shall suspend the license or the nonresident's operating privilege of any person who fails to report an accident resulting in injury to or damage to the person or property of another until such report has been filed and for such further period, not to exceed 30 days, as the Department may determine.

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(b) Any person who gives information required in a report or otherwise provided in section 68C-301 knowing or having reason to believe that such information is false shall be fined not more than $1,000 or imprisoned for not more than one year, or both. 68C-704.Vehicle Operation During Suspension Prohibited; Penalty. Any person whose license or registration or nonresident's operating privilege has been suspended under this Title and who, during such suspension, drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by such person to be operated by another upon any highway, except where permitted under this Title, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than five days nor more than six months and there may be imposed in addition thereto a fine of not more than $500.00. 68C-705.Penalty for Other Violations. Any person who shall violate any provision of this Title for which no penalty is otherwise provided, upon conviction therefor shall be punished as for 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. Section 3. The following Acts, including amendments thereto, are hereby specifically repealed: An Act approved February 21, 1951 (Ga. L. 1951, pp. 565-578), providing for the giving of security by owners and operators of motor vehicles; An Act approved March 9, 1956 (Ga. L. 1956, p. 543), providing

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for the giving of security by owners and operators of motor vehicles; An Act approved April 12, 1963 (Ga. L. 1963, p. 593), amending the driver responsibility law; An Act approved March 4, 1964 (Ga. L. 1964, p. 225), amending the driver responsibility law; and An Act approved April 25, 1969 (Ga. L. 1969, p. 819), amending the driver responsibility law. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. MUNICIPAL TAXATION AUTHORIZED FOR BENEFIT OF DEVELOPMENT AUTHORITIES. No. 629 (Senate Bill No. 153). An Act to provide that municipal corporations may levy and collect municipal taxes to provide for financial assistance to their respective municipal development authorities for the purpose of developing trade, commerce, industry and employment opportunities, to provide an effective date; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Every municipal corporation is hereby authorized to levy and collect municipal taxes upon all taxable property within the limits of the municipal corporation to provide for financial assistance to its respective municipal development authorities for the purpose of developing trade, commerce, industry and employment opportunities; provided, the tax for said

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purpose shall not exceed 1 mill per dollar upon the assessed value of said property. 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. Approved March 30, 1977. STATE EMPLOYEESCOERCIVE SOLICITATION OF POLITICAL CONTRIBUTIONS PROHIBITED. No. 630 (Senate Bill No. 168). An Act to provide that it shall be unlawful for any officer or employee of this State to directly or indirectly coerce or attempt to coerce or command any other State officer or employee to pay, lend or contribute any part of his salary, kick back any sum of money, or anything else of value to any party, committee, organization, agency or person for political purposes; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It shall be unlawful for any officer or employee of this State to directly or indirectly coerce or attempt to coerce or command any other State officer or employee to pay, lend or contribute any part of his salary, kick back any sum of money, or anything else of value to any party, committee, organization, agency or person for political purposes. Section 2 . Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. CHEMICAL TESTING OF BODILY SUBSTANCESCERTAIN WORKERS EXEMPT FROM LIABILITY. Code 68A-902 Amended. No. 631 (Senate Bill No. 174). An Act to amend Code section 68A-902.1, relating to the chemical tests of a person's blood, breath, urine or other bodily substances, so as to provide that physicians, registered nurses, laboratory technicians or other qualified persons or employers thereof shall incur no civil or criminal liability as a result of the medically proper obtaining of blood specimens when requested in writing by a law enforcement officer; to provide an effective date, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 68A-902.1, relating to chemical tests is hereby amended by deleting paragraph (2) of subsection (a) of Code section 68A-902.1 and substituting in lieu thereof a new paragraph (2) to read as follows: (2) When a person shall undergo a chemical test at the request of a law enforcement officer under the provisions of Code section 68B-306, as now or hereafter amended, only a physician, registered nurse, laboratory technician or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the

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medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer. 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. Approved March 30, 1977. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDJURISDICTION OF TRAFFIC CASES. No. 632 (Senate Bill No. 197). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved Jan. 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 3, 1963 (Ga. L. 1963, p. 333), as amended, so as to provide for jurisdiction of certain courts of municipalities to try and dispose of cases involving violations of section 126D of such 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 Uniform Act Regulating Traffic on Highways, approved Jan. 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 3, 1963 (Ga. L. 1963, p. 333), as amended, is hereby amended by adding to section 126D of such Act a new subsection to read as follows: (d) Notwithstanding any provision of the law to the contrary, any person charged with an offense under this section may be tried in any recorder's, mayor's or police court 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

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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 person charged with an offense under this section shall be entitled to 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 30, 1977. DRIVER'S LICENSING ACT AMENDEDTRIAL OF TRAFFIC CASES, ETC. No. 633 (Senate Bill No. 198). An Act to amend Article IV of the Driver's Licensing Act, approved April 24, 1975 (Ga. L. 1975, p. 1008), as amended, to provide that certain offenses contained in such Act may be tried in certain courts of municipalities; to provide for 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. Article IV of the Driver's Licensing Act, approved April 24, 1975 (Ga. L. 1975, p. 1008), as amended, is hereby amended by adding a new section to be known as section 68B-405 which shall read as follows:

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68B-405. Any person charged with an offense under this Chapter may be tried in any recorder's, mayor's or police court 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 person charged with an offense under this Chapter shall be entitled to 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 30, 1977. MOTOR VEHICLESJURISDICTION OF CERTAIN OFFENSES CHANGED. Code Ch. 68-99 Amended. No. 634 (Senate Bill No. 199). An Act to amend Code Chapter 68-99 relating to the penalty for owning or operating any motor vehicle as described in Code section 68-201 without complying with Code section 68-201, as amended, so as to provide for jurisdiction of certain courts of municipalities to try and dispose of such cases of noncompliance; to provide for disposition of fines; to provide for the jurisdiction, practices, and procedures in connection with the foregoing; 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 68-99, relating to the penalty for owning or operating any motor vehicle as described in section 68-201 without complying with section 68-201, as amended, is hereby amended by adding to Code section 68-9901 the following language: Notwithstanding any provision of the law to the contrary, any person, firm or corporation charged with an offense under this section may be tried in any recorder's, mayor's, or police court 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 person, firm or corporation charged with any offense under this section shall be entitled to 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 30, 1977. EMERGENCY TELEPHONE NUMBER 911 SERVICE ACT OF 1977. No. 636 (Senate Bill No. 134). An Act to provide for the development of a cohesive statewide

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emergency telephone number 911 system; to provide a short title; to provide for legislative intent; to define certain terms; to provide for an Emergency Telephone Number Committee; to provide for a statewide plan; to provide for regional systems; to provide for administration by the Office of Telecommunications of the Department of Administrative Services; to provide for coordination between the telephone industry and the Public Service Commission; to provide for enforcement; to provide for existing emergency telephone number service; to provide for federal assistance; 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 Emergency Telephone Number `911' Service Act of 1977. Section 2. Legislative Intent. The legislature hereby finds and declares that it is in the public's interest to shorten the time required for a citizen to request and receive emergency aid. There currently exist numerous different emergency phone numbers throughout the State. Provision for a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained would provide a significant contribution to law enforcement and other public service efforts by making it easier to notify public safety personnel. Such a simplified means of procuring emergency services will result in the saving of lives, a reduction in the destruction of property and quicker apprehension of criminals. It is the intent of the legislature to establish and implement a cohesive statewide emergency telephone number 911 system which will provide citizens with rapid direct access to public safety agencies by dialing telephone number 911 with the objective of reducing the response time to situations requiring law enforcement, fire, medical, rescue and other emergency services. Section 3. Definitions. As used in this Act, unless the context clearly requires otherwise: (a) office means the Office of Telecommunications of the Department of Administrative Services;

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(b) local government means any city, county or political subdivision of Georgia and its agencies; (c) public agency means the State and any city, county, city and county, municipal corporation, chartered organization, public district or public authority located in whole or in part within this State which provides or has authority to provide fire fighting, law enforcement, ambulance, medical or other emergency services; (d) public safety agency means a functional division of a public agency which provides fire fighting, law enforcement, emergency medical, suicide prevention, civil defense, poison control or other emergency services. Section 4. Emergency Telephone Number Committee. For the purposes of the development and implementation of a plan for the statewide emergency telephone number 911, there is hereby created the Emergency Telephone Number Committee to be composed of the Director of the Office of Telecommunications of the Department of Administrative Services, who shall serve as chairman; the Commissioner of Community Development, or his designee; and ten other members appointed by the Governor as follows: (1) Three members appointed from nominees of the Georgia Municipal Association. (2) Three members appointed from nominees of the Association County Commissioners of Georgia, and (3) Four members who are experienced in emergency telephone systems. When appointments are made, the associations making nominations pursuant to this section shall submit at least three times as many nominees as positions to be filled at that time by nominees of the association. The appointed members of the Committee shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as the original appointment.

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Section 5. State Plan. (a) The office shall develop a plan for implementing a statewide emergency telephone number 911 system. The plan shall provide for: (1) the review and analysis of progress maintained by public agencies in developing emergency telephone communication requirements as required for the 911 system; (2) steps of action necessary for public agencies to effect the necessary coordination, regulation and development preliminary to a 911 system that will incorporate the requirements of each public service agency in local government of Georgia; (3) identification of mutual aid agreements necessary to effect the 911 system, including coordination in behalf of the State of Georgia with any federal government agency to secure financial assistance or other activities desirable to take funding that may be provided to communities for the planning, development or implementation of the 911 system; (4) the coordination necessary between local governments planning or developing a 911 system with other necessary State agencies, Public Service Commission, all affected utility and telephone companies or other agencies; (5) a firm implementation schedule which will account for the progress achieved in each political subdivision and which can be reproduced in an annual report of progress; (6) the establishment of the public agency emergency telephone communications to meet the requirements for each entity of local government including law enforcement, fire, medical, suicide, rescue or other emergency services. (b) The plan shall be submitted to the Emergency Telephone Number Committee at least thirty days prior to its effective date. The plan shall become effective on its effective date unless the Emergency Telephone Number Committee rejects the plan by majority vote of the members of the Committee prior to the effective date of the plan. (c) The office shall be responsible to encourage and promote

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the planning, development and implementation of each local 911 system plan. The office shall promulgate any necessary rules, regulations and schedules related to public agencies for implementing and coordinating such a plan and shall act as the deciding agency whenever disputes or agreements cannot be reached between the local political jurisdiction and other public agencies involving the 911 system. Section 6. Regional Systems . Nothing in this Act shall be construed to prohibit or discourage the formation of multijurisdictional or regional 911 systems; and any system established pursuant to this Act may include the jurisdiction, or any portion thereof, of more than one public agency. Section 7. Telephone Industry Coordination . The office shall coordinate with the Public Service Commission which shall encourage the Georgia telephone industry to activate facility modification plans for a timely 911 implementation. Section 8. System Approval . After January 1, 1978, no emergency telephone number 911 system shall be established and no present system shall be expanded without prior approval and designation in the plan administered by the office. Section 9. Compliance . All public agencies shall assist the office in its efforts to carry out the intent of this Act, and such agencies shall comply with the developed plan by furnishing a resolution of intent regarding a 911 emergency telephone number system. Section 10. Federal Assistance . The office is authorized to apply for and accept federal funding assistance in the development and implementation of a statewide emergency telephone number 911 system. Section 11. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977.

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STATE CONTRACTORSREPORTING REQUIREMENTS OF NONPROFIT CONTRACTORS CHANGED. No. 637 (Senate Bill No. 246). An Act to amend an Act requiring State agencies to require certain reports and agreements from nonprofit contractors who contract with and receive public funds from the State agency, approved March 31, 1976 (Ga. L. 1976, p. 1414), so as to change certain definitions; to provide a declaration of legislative intent and purpose; to provide exceptions; to change the provisions relative to certain reports required by said Act; to change the provisions relative to the auditing of nonprofit contractors; to change certain time periods applicable to such reports; to provide for exceptions to said Act; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act requiring State agencies to require certain reports and agreements from nonprofit contractors who contract with and receive public funds from the State agency, approved March 31, 1976 (Ga. L. 1976, p. 1414), is hereby amended by striking section 1(b) in its entirety and substituting in lieu thereof a new section 1(b), to read as follows: (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 `non-profit 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 authorities, nonprofit hospitals, nonprofit nursing homes, Statewide associations of local governments, any educational institution of higher learning located in Georgia which is accredited by the Southern Association of Colleges and Schools, any nonprofit organization which during the applicable fiscal year of the organization does not receive more than a total of $5,000 from all State agencies combined, the

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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) unless otherwise provided by law, and Community Action Agencies. If a State agency contracts with the unit in this State of a national or multistate organization, the State unit shall be considered the nonprofit contractor for the purposes of this Act. Section 2. Said Act is further amended by adding following section 1 a new section to be designated section 1A, to read as follows: Section 1A. The General Assembly finds that State agencies are increasingly utilizing nonprofit contractors to provide services and facilities for State programs and that an increasing amount of public funds is being paid to nonprofit contractors. The General Assembly finds that the State has a right and a duty to monitor nonprofit contractors who contract with the State to ensure that their activities are in the public interest and to ensure that public funds are used for proper purposes. The General Assembly finds that for these reasons there is a need for a law providing a reporting procedure to ensure the financial accountability of nonprofit contractors and to develop adequate information about the nonprofit contractors. The General Assembly finds that such procedure is necessary to adequately establish the dimensions of the relationship between the State agency and the nonprofit contractor. Section 3. Said Act is further amended by striking from subsection (a) of section 2 the following: subsection (b), and inserting in lieu thereof the following: subsections (b), (c) and (d), and by adding subsections (c) and (d) to section 2, to read as follows: (c) The provisions of this Act shall not apply to contracts

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entered into on or after March 31, 1976, and prior to the effective date of this subsection with a State agency by any authority, nonprofit hospital, nonprofit nursing home, Statewide association of local governments, any educational institution of higher learning located in Georgia which is accredited by the Southern Association of Colleges and Schools, or any nonprofit organization which received not more than a total of $5,000 from all State agencies combined during the fiscal year of the organization in which it entered into the contract. (d) The provisions of this Act shall not apply to nonprofit health care plans operated pursuant to the provisions of Code Chapter 56-17, relating to hospital service nonprofit corporations, as now or hereafter amended. Code Chapter 56-17A, relating to health care plans, as now or hereafter amended, or Code Chapter 56-18, relating to nonprofit medical service corporations, as now or hereafter amended., so that when so amended section 2 shall read as follows: Section 2. (a) Except as provided in subsections (b), (c) and (d), 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. (c) The provisions of this Act shall not apply to contracts entered into on or after March 31, 1976, and prior to the effective date of this subsection with a State agency by any authority, nonprofit hospital, nonprofit nursing home, Statewide association of local governments, any educational institution of higher learning located in Georgia which is accredited by the Southern Association of Colleges and Schools, or any nonprofit organization which received not more than a total of $5,000 from all State agencies combined during the fiscal year of the organization in which it entered into the contract.

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(d) The provisions of this Act shall not apply to nonprofit health care plans operated pursuant to the provisions of Code Chapter 56-17, relating to hospital service nonprofit corporations, as now or hereafter amended, Code Chapter 56-17A, relating to health care plans, as now or hereafter amended, or Code Chapter 56-18, relating to nonprofit medical service corporations, as now or hereafter amended. Section 4. Said Act is further amended by striking section 3(a)(1) in its entirety and substituting in lieu thereof a new section 3(a)(1), to read as follows: (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 nonprofit contractor's previous fiscal year, including an individual listing of each employee and his salary and reimbursable 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;. Section 5. Said Act is further amended by striking section 3(a)(2) in its entirety and substituting in lieu thereof a new section 3(a)(2), to read as follows: (2) agree in writing to furnish annually after the end of the nonprofit contractor's fiscal year the State Auditor and the State agency with the report of an independent auditor or of an auditor otherwise acceptable to the State agency with the predominant interest as determined by the State Auditor covering the nonprofit contractor's total receipts and expenditures for the fiscal year just ended, which report, unless otherwise provided in State law, shall contain at least the fiscal 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 reimbursable expenses; provided, a nonprofit contractor whose total annual income does not exceed $80,000 and whose total annual income comes from a single contract with a

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single State agency may be audited by the contracting State agency in the discretion of the State agency if the audit conforms to the requirements of this Act and if a copy of the audit is given to the State Auditor. Failure of a State agency to audit such nonprofit contractor shall not exempt the nonprofit contractor from the provisions of this Act;. Section 6. Said Act is further amended by adding in section 3(a)(3) following the words annual basis, the following: after the end of the nonprofit contractor's fiscal year, so that when so amended, section 3(a)(3) shall read as follows: (3) agree in writing to provide on an annual basis after the end of the nonprofit contractor's fiscal year, 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. Section 7. Said Act is further amended by striking section 3(b) in its entirety, which reads as follows: (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 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.,

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and substituting in lieu thereof a new section 3(b), to read as follows: (b) For the purposes of sections 3(a)(1), (2) and (3) where for any nonprofit contractor's fiscal year (1) there are or will be in operation during such fiscal year contracts from more than one State agency but no contracts or grants from any federal agency, then the reports required by such sections prepared for the agency with the predominant interest, as determined by the State Auditor, shall be accepted by the other State agencies as fulfilling such requirements; or (2) there are in operation during such fiscal year 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 agency or agencies which substantially comply with the requirements of such sections, then the State agency shall accept such reports as fulfilling such requirements. Section 8. Said Act is further amended by striking section 3(f) in its entirety, which reads as follows: (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., and substituting in lieu thereof a new section 3(f), to read as follows: (f) A nonprofit contractor shall furnish the State Auditor and the State agency with a financial audit required by section 3(a)(2) and the summary statement required by section 3(a)(3) within ninety (90) days after the end of the annual reporting period unless the State agency with the predominant interest as determined by the State Auditor, in its discretion, authorizes additional time for the filing of such report. In no case shall such information be filed later than one hundred fifty (150) days after the end of the annual reporting period.

Page 1051

Section 9. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part of parts hereof would be declared or adjudged invalid or unconstitutional. Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. STATE AGENCIESSELF-INSURANCE AUTHORIZED. No. 638 (Senate Bill No. 279). An Act to permit the purchase of liability insurance or contracts of indemnity or the formulation of sound programs of self-insurance by State agencies; to permit the Commissioner of the Department of Administrative Services to purchase liability insurance or contracts of indemnity on behalf of the State agencies or to formulate a program of self-insurance for such agencies; to provide for a reserve fund; to provide that this Act shall not constitute a waiver of immunity for the State or other public bodies; 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. In addition to any other compensation which may be paid to an officer, official or employee of any agency, board,

Page 1052

bureau, commission, department or authority of this State, each such agency, board, bureau, commission, department or authority is hereby authorized, in its discretion, to purchase policies of liability insurance, contracts of indemnity or to formulate sound programs of self-insurance utilizing funds available to such agency, board, bureau, commission, department or authority, insuring or indemnifying such officers, officials or employees to the extent they are not immune from liability against personal liability for damages arising out of the performance of their duties or in any way connected therewith. Such agencies, boards, bureaus, commissions, departments or authorities may expend federal and State or other available funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of such agency, board, bureau, commission, department or authority. For purposes of this Act, the term agency shall specifically include, but shall not be limited to, public retirement systems of Statewide application established by the laws of this State, but shall not include counties or municipalities. The existence of such insurance or indemnification shall not be disclosed or suggested in any action brought against such individual. Section 2. When the Commissioner of the Department of Administrative Services determines that an adequate number of agencies, boards, bureaus, commissions, departments or authorities of this State have requested him to do so, he shall have the authority to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the officers, officials or employees of such agencies, boards, bureaus, commissions, departments or authorities against personal liability for damages arising out of the performance of their duties or in any way connected therewith under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. In such event, the Commissioner may alternatively retain all monies paid to the Department of Administrative Services as premiums on such policies of liability insurance or contracts of indemnity, all monies received as interest and all monies received from other sources, to set up and maintain a reserve fund for the payment of such liability under, and the expenses necessary to administer properly, a self-insurance program. If the Commissioner decides to institute a self-insurance program, he shall establish and maintain a reserve fund for the payment of liabilities arising out of claims against officers, officials and employees of the State. The

Page 1053

Commissioner shall invest any such monies in the same manner as other monies in his possession. Section 3. Nothing in this Act shall constitute a waiver of the immunity of the State from suit. 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. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. ELECTION CODE AMENDED. Code Title 34A Amended. No. 639 (House Bill No. 27). An Act to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide that the Secretary of State shall disseminate certain information concerning primaries and elections to candidates for federal and state office and Probate Judges; to change the provisions relating to the district in which electors are to vote; to provide

Page 1054

that the names of nominees of political parties shall be placed on the ballots without their filing notices of candidacy; to provide for additional requirements in the affidavit which candidates in an election must file with their notices of candidacy; to provide that candidates for party nomination may qualify for a party primary by payment of a qualifying fee or by submission of a pauper's affidavit; to provide that in party primaries the names of all unopposed candidates, arranged under the title of the office each seeks, shall be placed on the ballot so as to follow the names of all other candidates who have opposition for party nomination; to provide that the grand jury shall appoint a committee to be present during the preparation of voting machines to see that the machines are properly prepared and are placed in proper condition and order for use; to provide that in the event the committee of the grand jury fails to be present a panel appointed by the superintendent shall perform the duties of said committee; to provide for poll watchers in primaries and elections; to provide for periodic inspections of voting machines; to provide for inoperative voting machines; to provide for periodic inspections of vote recorders; to provide for punishment of misdemeanors; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code section 34-301 is hereby amended by adding thereto a new subsection (j) which shall read as follows: (j) To prepare and provide a notice to all candidates for federal or state office advising such candidates of such information, to include requirements of this Code, as may, in the discretion of the Secretary of State, be conducive to the fair, legal and orderly conduct of primaries and elections. A copy of such notice shall be provided to each Probate Judge for his further distribution to candidates for county and militia district offices. Code 34-301 amended. Section 2. Georgia Code section 34-629 is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-629. Voting only from lists.All persons whose names

Page 1055

appear on the list of electors placed in the possession of the managers in each election district, and no others, shall be allowed to deposit their ballots according to law, at the election district in which they are registered. Provided, however, nothing herein shall prevent the voting of electors in one central location in the county if provisions are made in that central location for electors to vote in their respective election district at that central location. Code 34-629 amended. Section 3. Georgia Code section 34-1002 is hereby amended: a. By deleting therefrom subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) which shall read as follows: Code 34-1002 amended. (a) Except as hereinafter provided, only those candidates who have filed their notice of candidacy in the following manner and have paid the prescribed qualifying fee by the date hereinafter prescribed shall be eligible to have their names placed on the general election ballot by the Judge of the Probate Court of the counties or the county election boards. b. By deleting therefrom subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) which shall read as follows: (b) Each candidate for federal or state office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy, giving his name, residence address and the office he is seeking, in the office of the Secretary of State at least seventy-five days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election; except, that such filing shall not apply to a candidate for a militia district office (justice of the peace). Each candidate for a county or militia district office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the Judge of the Probate Court of his county at least seventy-five days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election. Any candidate required to file a nomination petition as hereinafter prescribed shall file his notice

Page 1056

of candidacy no later than 12:00 noon on the second Wednesday in June immediately prior to the election. c. By deleting therefrom subsection (c) in its entirety and by substituting in lieu thereof a new subsection (c) which shall read as follows: (c) Each candidate shall, no later than 12:00 noon on the second Wednesday in July immediately prior to the election, file with the same official with whom he filed his notice of candidacy, a nomination petition in the form hereafter prescribed; except that such petition shall not be required if such candidate is: (i) a nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (ii) seeking office in a special election; or (iii) an incumbent qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office for which he seeks reelection, such incumbent accompanied his notice of candidacy with a nomination petition. d. By deleting therefrom subsection (d) in its entirety and substituting in lieu thereof a new subsection (d) which shall read as follows: (d) Each candidate described in subsection (b) shall accompany his notice of candidacy with an affidavit stating: (i) his residence, with street and number, if any, and his post office address; (ii) his profession, business or occupation, if any; (iii) the name of his election district; (iv) that he is an elector of the county of his residence eligible to vote in the election in which he is a candidate; (v) the name of the office he is seeking; (vi) that he is eligible to hold such office; (vii) 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 under the laws of this State, or any other State or of the United States; and (viii) that he will not knowingly violate any provisions of this Code or of rules and regulations adopted thereunder. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy.

Page 1057

e. By adding thereto following subsection (d) a new subsection (e) which shall read as follows: (e) The names of nominees of political parties shall be placed on the ballots without their filing the notice of candidacy otherwise required by this section. Section 4 . Georgia Code section 34-1005 is amended by deleting therefrom subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) which shall read as follows: Code 34-1005 amended. (a) A candidate for any party nomination in a primary may qualify by either of the two following methods: (1) payment of a qualifying fee pursuant to the Election Code, or (2) the submission of a pauper's affidavit by which the candidate, under oath, affirms his poverty and his resulting inability to pay the qualifying fee otherwise required. If a candidate seeks to qualify for a county or militia district office, the pauper's affidavit shall be presented to the county political party; otherwise, the candidate shall file his pauper's affidavit with the state political party. Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the procedural rules of their party; provided, however, that no person shall be prohibited from qualifying for such office who meets the requirements of such procedural rules and (i) who is eligible to hold the office which he seeks, (ii) who is not prohibited from being nominated or elected by provisions of Code section 34-106 or 34-107, as presently written or hereafter amended, and (iii) who, if party rules so require, affirms his allegiance to his party by signing the following oath: `I do hereby swear or affirm my allegiance to the (name of party) Party.' Section 5 . Georgia Code section 34-1102 is hereby amended by adding a new sentence at the end of subsection (c) thereof which shall read as follows:

Page 1058

The names of all unopposed candidates, arranged under the title of the office each seeks, shall be placed on the ballot so as to follow the names of all other candidates who have opposition for party nomination., Code 34-1102 amended. so that when so amended subsection (c) of Georgia Code section 34-1102 shall read as follows: (c) Immediately under the directions, the names of all candidates, who have qualified with the party in accordance with the provisions of this Title and party rules and who have been certified to the Judge of the Probate Court or Secretary of State as having so qualified, shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates, and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for. The names of all unopposed candidates, arranged under the title of the office each seeks, shall be placed on the ballot so as to follow the names of all other candidates who have opposition for party nomination. Section 6 . Georgia Code section 34-1208 is hereby amended by adding a new sentence at the end of subsection (h) thereof which shall read as follows: Further, in primaries, the ballot labels, containing the names of unopposed candidates seeking nomination by a political party, shall be placed on the face of the machine in rows or columns following the ballot labels containing the names of all other candidates who have opposition for that party's nominations., Code 34-1208 amended. so that when so amended subsection (h) of Georgia Code section 34-1208 shall read as follows: (h) In primaries, the ballot labels, containing the names of candidates seeking nomination by a political party, shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by section

Page 1059

34-1103(c). Further, in primaries, the ballot labels, containing the names of unopposed candidates seeking nomination by a political party, shall be placed on the face of the machine in rows or columns following the ballot labels containing the names of all other candidates who have opposition for that party's nominations. Section 7 . Georgia Code section 34-1209 is hereby amended: Code 34-1209 amended. a. By deleting therefrom the last sentence of subsection (c) and substituting in lieu thereof the following: The grand jury shall appoint a committee, consisting of three of its members, which shall be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper condition and order for use. In the event the hereinabove mentioned committee of the grand jury fails to be present, the superintendent shall immediately appoint a panel consisting of three electors to perform the duties of the committee of the grand jury set forth in this section. Further, one representative of each political party or body, certified by the chairman of such committee, and one representative of each aforementioned organization of citizens, certified by the chairman or presiding officer of such organization, and any such independent candidate or his certified agent shall be entitled to be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper condition and order for use. Such committee of the grand jury, representatives or candidates shall not, however, interfere with the preparation of the machines, and the Judge of the Probate Court may make such reasonable rules and regulations governing the conduct of such representatives and candidates., so that when so amended subsection (c) of Georgia Code section 34-1209 shall read as follows: (c) On or before the twentieth day preceding a primary or election, the Judge of the Probate Court shall mail to the foreman of the grand jury, the chairman of the county executive committee of each political party which shall be entitled under existing laws to participate in primaries within the county, and to the chairman or presiding officer of any organization of citizens

Page 1060

within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds which has registered its name and address and the names of its principal officers with the Judge of the Probate Court at least thirty days before such primary or election, and, in the case of an election, to the appropriate committee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his name entered on the voting machines, a written notice stating the times when and the place or places were preparation of the machines for use in the several election districts in the county will be started. The grand jury shall appoint a committee, consisting of three of its members, which shall be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper condition and order for use. In the event the hereinabove mentioned committee of the grand jury fails to be present, the superintendent shall immediately appoint a panel consisting of three electors to perform the duties of the committee of the grand jury set forth in this section. Further, one representative of each political party or body, certified by the chairman of such committee, and one representative of each aforementioned organization of citizens, certified by the chairman or presiding officer of such organization, and any such independent candidate or his certified agent shall be entitled to be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper condition and order for use. Such committee of the grand jury, representatives or candidates shall not, however, interfere with the preparation of the machines, and the Judge of the Probate Court may make such reasonable rules and regulations governing the conduct of such representatives and candidates. b. By deleting subsection (d) in its entirety and substituting the following in lieu thereof: (d) The custodian and deputy custodians of voting machines and the members of the committee of the grand jury shall make an affidavit, which each shall sign, and request each representative of a party, body or a citizens' organization, or candidate or his agent, as aforesaid, present at the preparation of the machine, to attest, and which shall be filed with the Judge of the Probate

Page 1061

Court, stating: (i) the identifying number or other designation of the voting machine; (ii) that each registering counter or the machine was set at zero; (iii) the number registered on the protective counter or other device of the machine; and (iv) the number on the seal with which the machine is sealed. Section 8. Georgia Code section 34-1310 is hereby amended: a. By deleting therefrom subsection (a) in its entirety and substituting in lieu thereof the following: Code 34-1310 amended. (a) In a primary each candidate entitled to have his name placed on the primary ballot may submit the name of one poll watcher for each election district in which he wishes an observer to the Chairman or Secretary of the appropriate party executive committee at least twenty-one (21) days prior to such primary. The appropriate party executive committee shall designate at least seven (7) days prior to such primary, no more than two poll watchers for each election district, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers will be given a letter signed by the party chairman and secretary and containing the following information: name of official poll watcher, address, precinct in which he shall serve, and name and date of primary. b. By deleting therefrom subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) which shall read as follows: (b) In an election each political party and political body shall each be entitled to designate at least seven (7) days prior to such election no more than two official poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each election district. Each poll watcher shall be given a letter signed by the appropriate political party or body chairman and secretary, if a party or body designates same, or by the independent candidate, if named by him. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he shall serve, and date of election. Section 9. Georgia Code section 34-1327 is hereby amended:

Page 1062

a. By deleting therefrom the last sentence of subsection (f) and substituting the following in lieu thereof: Code 34-1327 amended. A poll officer shall inspect the face of the machine at least once every hour during the time when the polls are open to see that the ballot labels are in their proper places and that the machine has not been damaged or tampered with., so that when so amended subsection (f) of Georgia Code section 34-1327 shall read as follows: (f) The poll officers shall not themselves be, nor allow any other person to be, in any position that will permit any one to see or ascertain how an elector votes, or how he has voted. A poll officer shall inspect the face of the machine at least once every hour during the time when the polls are open to see that the ballot labels are in their proper places and that the machine has not been damaged or tampered with. b. By deleting therefrom subsection (g) in its entirety and substituting in lieu thereof a new subsection (g) which shall read as follows: (g) If during a primary or election, a voting machine becomes inoperative, the poll officers shall immediately lock and seal the operating lever or mechanism of the machine, so that the voting and counting mechanism will be prevented from operation. Upon the close of the polls, the poll officers shall perform their duties set forth in sections 34-1331, -1332, -1333 and -1334 with respect to such machine. If necessary, because of the lack of another machine or other machines for use by the electors, after a voting machine becomes inoperative, paper ballots shall be used. Section 10. Georgia Code section 34-1335-E is hereby amended by deleting therefrom subsection (e) in its entirety and substituting in lieu thereof the following: (e) The poll officers shall inspect the face of the vote recorder and the ballot labels at least once every hour during the time when the polls are open to determine that the recorder and the ballot labels have not been damaged or tampered with. Code 34-1335-E amended.

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Section 11. Georgia Code section 34-1941 is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-1941. Punishment for misdemeanors.Each person convicted of a crime declared to be a misdemeanor under the provisions of this Code shall be punished by a fine not less than One Hundred Dollars ($100.00) and not to exceed One Thousand Dollars ($1,000.00), confinement in the county jail or other place of imprisonment not to exceed six months, to work on the public works in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge. Code 34-1941 amended. Section 12. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Effective date. Approved March 30, 1977. PUBLIC ACCOUNTANCY ACT OF 1977. Code Ch. 84-2 Amended. No. 640 (House Bill No. 44). An Act to comprehensively and exhaustively revise, classify, modernize and supersede present laws related to accountants and public accounting: to enact and establish new laws

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relating thereto to be known as the Public Accountancy Act of 1977; to amend Code Chapter 84-2, relating to accountants, as amended, accordingly; to provide definitions; to provide for a State Board of Accountancy and its powers and responsibilities; to provide for membership, terms and appointment of the Board; to provide for the filling of vacancies; to provide for procedures and assistance for the Board; to permit adoption of certain rules and regulations; to provide for the certification of certified public accountants; to provide for registration of public accountants; to provide for registration of foreign accountants; to provide for partnerships and professional associations composed of public accountants and certified public accountants; to provide for the registration of offices; to provide for the issuance and renewal of certifications and registrations or permits; to provide for revocation and suspension of certifications and registrations or permits; to provide for adjudication; to permit and provide for reinstatement; to provide that certain acts are unlawful; to provide certain exceptions; to provide penalties; to provide for injunctions; to provide for evidence of practice; to provide for confidentiality of certain papers and communications; to provide for construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-2, relating to accountants, as amended, is hereby amended by striking said Chapter in its entirety and substituting in lieu thereof a new Code Chapter to read as follows: CHAPTER 84-2 ACCOUNTANTS 84-201. Short title of Chapter. This Chapter may be cited as the `Public Accountancy Act of 1977.' 84-202. Definitions. (a) Board. The term `Board' when used in this Chapter means the `State Board of Accountancy' as created in section 84-203 of this Chapter.

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(b) Live permit. The term `live permit' when used in this Chapter means a permit issued under section 84-210 of this Chapter which is in full force and effect. (c) Secretary. The term `Secretary' when used in this Chapter means the `Joint Secretary, State Examining Boards' as provided in Chapter 84-1 of this Code. (d) State. The term `state' when used in this Chapter includes the District of Columbia and any state (other than this State), territory, or insular possession of the United States. (e) When used herein, masculine terms shall also include the feminine. 84-203. The State Board of Accountancy. (a) There is hereby created the State Board of Accountancy. The Board shall consist of seven members to be appointed by the Governor with the approval of the Secretary of State and the State Senate. Each member of the Board shall be a resident of this State. Six members of the Board shall be certified public accountants, and one member shall be a public accountant holding a certificate as a registered public accountant who has practiced as such in this State, under a certificate issued by this State, for at least four years and who is currently engaged in public practice. One member may be a lay member from the business community in lieu of one of the certified public accountant members. Each member of the Board, or his predecessor, in office July 1, 1977, shall continue in office for the remainder of his term as a member of the Board. To fill the two additional positions on the Board created pursuant to this Act, the Governor shall appoint to the Board, and with the approval of the Secretary of State and the State Senate, one certified public accountant and one public accountant holding a certificate as a registered public accountant, the first of whose term on the Board shall expire June 30, 1980, and the second of whose term on the Board shall expire June 30, 1981. Each subsequent appointment or reappointment of Board members shall be for a period of four years. The remaining portion of any unexpired term shall be filled by appointment by the Governor with the approval of the Secretary of State and the State Senate. Upon the expiration of his term of office, a member shall continue to serve until his successor shall have been appointed

Page 1066

and shall have qualified. No member of the Board shall serve as such for more than two terms, consecutive or otherwise and, for purposes of calculating the number of terms served, the filling of an unexpired term, or terms, for a total of more then thirty calendar months shall be treated as having served a full term. Any member of the Board may be removed by the Governor for misconduct, incompetence, or neglect of duty. The membership on the Board of any member whose permit to practice has become void or has been revoked or suspended or of any member who has ceased to practice publicly shall be automatically terminated simultaneously with any such voiding, revocation, suspension or cessation. Each member of the Board shall be paid an amount not to exceed $25.00 for each day or portion thereof spent in the discharge of his official duties and shall be reimbursed for his actual and necessary expenses legally incurred in the discharge of his official duties. (b) The Board shall elect annually a Chairman from its members. The Joint Secretary, State Examining Boards, shall serve as Secretary of the Board and perform for the Board the duties required of him as provided in Chapter 84-1 of this Code. A majority of the Board shall constitute a quorum for the transaction of business. Three days' notice of any meeting shall be given by the Chairman or Secretary; provided, however, that notice may be waived by instrument in writing executed before or after the meeting; and provided, further, that attendance at a meeting of the Board shall constitute a waiver of notice thereof. Board meetings may be conducted by conference telephone calls, and participation in such a conference call shall constitute attendance at the meeting so conducted. Any action that might have been taken at a meeting of the Board may be taken by the unanimous written consent of all members of the Board. The Board shall have a seal which shall be judicially noticed. The Board shall preserve all applications and keep records of all of its proceedings for six years. In any proceeding in court, civil or criminal, arising out of or founded upon any provision of this Chapter, copies of the records of the Board's proceedings signed by a member of the Board and certified as correct under the seal of the Board by the Secretary shall be admissible in evidence in any court of this State without further proof. (c) The Board may promulgate, and amend from time to

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time, such rules and regulations, consistent with the provisions of this Chapter and the Georgia Administrative Procedure Act, as it deems consistent with or required for the public welfare; for the administration of any section of this Chapter; or for the orderly conduct of the Board's affairs. Such rules and regulations may include, without limiting the generality of the foregoing: (1) rules of procedure for governing the conduct of matters before the Board; (2) rules of professional conduct for establishing and maintaining high standards of competence and integrity in the practice of public accountancy; (3) regulations governing educational requirements for certification as a certified public accountant and registration as a public accountant and prescribing further educational requirements (`requirements of continuing professional education') to be met from time to time by persons so certified or registered, in order to maintain their professional knowledge and competence, as a condition to continuing in the practice of public accountancy; (4) regulations governing individuals, partnerships, professional associations and professional corporations engaged in this State in the practice of public accountancy; and (5) any and all other rules and regulations which the Board deems necessary or appropriate in exercising its functions under this Chapter. (d) Prior to the adoption, amendment, or repeal of any rule other than interpretive rules or general statements of policy, the Board shall give notice of its intended action in accordance with the provisions of the Georgia Administrative Procedure Act; provided, however, that such comments shall be advisory only. In connection with any rule-making proceeding, formal or informal, the Board shall have the power to conduct hearings as provided in, and in accordance with, the Georgia Administrative Procedure Act. (e) The Board and Secretary shall have printed and published

Page 1068

for public distribution, in January of each even-numbered year, a register which shall contain the names, principal business connections, and addresses of all persons who are certificated under section 204 of this Chapter or who are registered under section 205 of this Chapter and which shall also indicate those persons who do not hold live permits; the names and addresses of all persons applying for certification or registration under section 204 of this Chapter or section 205 of this Chapter respectively; the names of the members of the Board; and such other information as the Board may deem appropriate. Copies of such registers shall be mailed to each person who is so certificated or registered, to the clerk of the superior court of each county, to each bank in the State, and to such other persons as the Board may deem appropriate. 84-204. Certified public accountants. (a) The certificate of `certified public accountant' shall be granted by the Board to any person: (1) who is a resident of this State or has a place of business in this State or, as an employee, is regularly employed in this State; (2) who has attained the age of eighteen; (3) who is, in the opinion of the Board, of good moral character; (4) who meets the requirements of education and experience as hereinafter provided: (i) Except as provided in subsections (b) or (e) of this section, the education requirement shall be the presentation to the Board of such evidence as it may require that the applicant has received a baccalaureate degree or completed the requirements therefor, conferred by a college or university, accredited by a national or regional accrediting organization recognized by the Board, with a concentration in accounting or what the Board determines to be the substantial equivalent of the foregoing; or with a nonaccounting concentration, supplemented by what the Board determines to be the substantial equivalent of an accounting concentration, including related courses in other areas of business administration;

Page 1069

(ii) The experience requirement shall be two years' continuous experience in public accountancy immediately preceding the date of application for the certificate; provided, however, that the Board may accept, in lieu of both of such years' experience in public accounting, evidence satisfactory to it of five years' continuous employment in the accounting field in industry, business, government or college teaching, any combination of the above, or any combination of the above and practice in public accountancy immediately preceding the date of application for the certificate or what the Board determines to be the equivalent thereof; and provided, further, that any person certified as a certified public accountant under the laws of this State on the effective date of this Act shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (5) who shall have passed a written or oral examination, or both, in accounting, auditing, and such related subjects as the Board deems appropriate. (b) The Board may, in its discretion, waive the education requirement specified in paragraph (a)(4) of this section for any applicant if it is satisfied, from the result of a special written examination given the applicant by the Board to test his educational qualification, that he is as well equipped educationally as if he met said education requirement. (c) The Board may provide, by regulation, for the general scope of examinations described in paragraph (a)(5) of this section and subsection (b) of this section and may obtain such advice and assistance as it deems appropriate to assist it in preparing and grading such examinations. (d) The examinations described in paragraph (a)(5) of this section and subsection (b) of this section shall be held by the Board and shall take place as often as the Board shall determine to be desirable, but the examination described in paragraph (a)(5) of this section shall be held no less frequently than twice each year. The Board shall publish notice of the time and place of any and all examinations provided for in this section at least three consecutive days in daily newspapers of general circulation published in the three cities in this State with the largest population

Page 1070

according to the most recent decennial census conducted by the United States Government. Any such notice shall have been published at least ninety days prior to the examination to which it refers. (e) An applicant who has met the education requirement specified in paragraph (a)(4) of this section, or who expects to meet it within 120 days following the examination described in paragraph (a)(5) of this section, or with respect to whom such education requirement has been waived in accordance with subsection (b) of this section, shall be eligible to take such examination without waiting until he meets the experience requirement; provided, however, that he also meets the requirements of paragraphs (a)(1), (a)(2), and (a)(3) of this section. In the case of any applicant admitted to such examination on the expectation that he will meet the education requirement within 120 days, no certificate shall issue, nor shall credit for the examination, or any part of it, be given, unless such requirement is in fact completed within that time or within such longer period of time as the Board, in its discretion, may determine. (f) An applicant for the certificate of certified public accountant who has successfully completed the examination provided for in paragraph (a)(5) of this section shall have no status as a certified public accountant, unless and until he has the requisite education and experience and has received his certificate as a certified public accountant. (g) The Board may, by regulation, provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified in paragraph (a)(5) of this section given by the licensing authority in another state; provided, however, that when such applicant took such examination he had no place of business in this State, and, as an employee, was not regularly employed in this State. Such regulations shall include such requirements as the Board deems appropriate to ensure that any examination approved as a basis for any such credit shall, in the judgment of the Board, be at least as thorough as the most recent examination given by the Board at the time of the granting of such credit.

Page 1071

(h) The Board may, by regulation, prescribe the time and conditions under which an applicant, who passes, in one sitting, a portion of the examination provided for in paragraph (a)(5) of this section pertaining to at least two or more of the subjects indicated in such paragraph, may be reexamined in only the remaining subjects, with credit for the subjects previously passed; provided, however, that the entire examination must be passed in six consecutive attempts, including the initial sitting in which at least two parts of the examination were passed. (i) With respect to examinations, the Board shall charge such applicant a fee, to be determined by the Board which fee shall be sufficient to pay for the cost of such examinations. (j) Any person who has received from the Board a certificate as a certified public accountant and who holds a live permit may be styled and known as a `certified public accountant.' The Board shall maintain a list of certified public accountants, and, for this purpose, the Board may provide by regulation a procedure whereby all certified public accountants are required to register with the Board periodically. Any certified public accountant may also be known as a `public accountant.' (k) Persons who, on the effective date of this Act, hold certified public accountant certificates theretofore issued under the laws of this State shall not be required to undergo recertification under this Chapter, but shall otherwise be subject to all applicable provisions of this Chapter, and such certificates theretofore issued shall, for all purposes, be considered certificates issued under this Chapter and subject to the provisions hereof. (l) The Board may, in its discretion, waive the examination provided for in paragraph (a)(5) of this section and may issue a certificate as a certified public accountant to any person possessing the qualifications specified in paragraphs (a)(1), (a)(2), and (a)(3) of this section and what the Board determines to be the substantial equivalent of the qualifications under paragraph (a)(4) of this section, who is a holder of a certificate as a certified public accountant, then in full force and effect, issued under the laws of another state; provided, however, that the certificate held by such person was issued after an examination which, in the

Page 1072

judgment of the Board, is the equivalent of the standard established by the Board for examinations administered pursuant to paragraph (a)(5) of this section; and provided, further, that such privileges are extended to citizens of this State by the state originally granting the certificate. Notwithstanding the foregoing, the examination provided for in paragraph (a)(5) of this section shall be waived by the Board in the case of an applicant who has been engaged in public practice for a period of ten years in another state pursuant to authority issued by such state. (m) In the event an applicant for a certificate as a certified public accountant meets all the requirements for such a certificate (other than the requirements of paragraph (a)(1) of this section) the Board may, in its discretion, issue to him a temporary certificate as a certified public accountant which shall be effective only until the Board shall notify him that his application for a certificate as a certified public accountant pursuant to subsection (1) of this section has been either granted or rejected; provided, however, that in no event shall such temporary certificate be in effect for more than three months after the date of its issuance. No fee shall be charged for such certificate. (n) Any written examination described in this section may be administered orally in those instances in which the Board determines that an applicant's physical handicap or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the Board such evidence, as it deems appropriate, of handicap or other circumstances necessitating such oral administration. Such evidence shall be submitted to the Board at least 20 days prior to the date of examination. (o) A permanent record shall be made of any and all examinations administered orally in accordance with the provisions of subsection (n) of this section. Such records and the examination papers of all written examinations provided for in this Chapter shall be retained by the Secretary for a period of six years. 84-205. Public accountants. (a) The certificate of `registered public accountant' shall be granted by the Board to any person:

Page 1073

(1) who is a resident of this State or has a place of business in this State or, as an employee, is regularly employed in this State; (2) who has attained the age of eighteen; (3) who is, in the opinion of the Board, of good moral character; (4) who meets the requirements of education and experience as hereinafter provided: (i) Except as provided in subsections (b) or (e) of this section, the education requirement shall be the presentation to the Board of such evidence as it may require that the applicant has received a high school diploma or completed the requirements therefor or what the Board determines to be the substantial equivalent of the foregoing; (ii) The experience requirement shall be two years' continuous experience in public accountancy immediately preceding the date of application for the certificate; provided, however, that the Board may accept, in lieu of both of such years' experience in public accounting, evidence satisfactory to it of five years' continuous employent in the accounting field in industry, business, government or college teaching, any combination of the above, or any combination of the above and practice in public accountancy immediately preceding the date of application for the certificate or what the Board determines to be the equivalent thereof; and provided, further, that any person registered as a registered public accountant under the laws of this State on the effective date of this Act shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (5) who shall have passed a written or oral examination, or both, in accounting, auditing, and such related subjects as the Board deems appropriate. (b) The Board may, in its discretion, waive the education requirement specified in paragraph (a)(4) of this section for any applicant if it is satisfied, from the result of a special written examination given the applicant by the Board to test his educational

Page 1074

qualification, that he is as well equipped educationally as if he met said education requirement. (c) The Board may provide, by regulation, for the general scope of examinations described in paragraph (a)(5) of this section and subsection (b) of this section and may obtain such advice and assistance as it deems appropriate to assist it in preparing and grading such examinations. (d) The examinations described in paragraph (a)(5) of this section and subsection (b) of this section shall be held by the Board and shall take place as often as the Board shall determine to be desirable, but the examination described in paragraph (a)(5) of this section shall be held no less frequently than twice each year. The Board shall publish notice of the time and place of any and all examinations provided for in this section at least three consecutive days in daily newspapers of general circulation published in the three cities in this State with the largest population according to the most recent decennial census conducted by the United States Government. Any such notice shall have been published at least ninety days prior to the examination to which it refers. (e) An applicant who has met the education requirement specified in paragraph (a)(4) of this section, or who expects to meet it within 120 days following the examination described in paragraph (a)(5) of this section, or with respect to whom such education requirement has been waived in accordance with subsection (b) of this section, shall be eligible to take such examination without waiting until he meets the experience requirement; provided, however, that he also meets the requirements of paragraphs (a)(1), (a)(2), and (a)(3) of this section. In the case of any applicant admitted to such examination on the expectation that he will meet the education requirement within 120 days, no certificate shall issue, nor shall credit for the examination, or any part of it, be given, unless such requirement is in fact completed within that time or within such longer period of time as the Board, in its discretion, may determine. (f) An applicant for the certificate of registered public accountant who has successfully completed the examination provided for in paragraph (a)(5) of this section shall have no status as a

Page 1075

registered public accountant, unless and until he has the requisite education and experience and has received his certificate as a registered public accountant. (g) The Board may, by regulation, provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified in paragraph (a)(5) of this section given by the licensing authority in another state; provided, however, that when such applicant took such examination he had no place of business in this State, and, as an employee, was not regularly employed in this State. Such regulations shall include such requirements as the Board deems appropriate to ensure that any examination approved as a basis for any such credit shall, in the judgment of the Board, be at least as through as the most recent examination given by the Board at the time of the granting of such credit. (h) The Board may, by regulation, prescribe the time and conditions under which an applicant, who passes, in one sitting, a portion of the examination provided for in paragraph (a)(5) of this section pertaining to at least two or more of the subjects indicated in such paragraph, may be reexamined in only the remaining subjects, with credit for the subjects previously passed; provided, however, that the entire examination must be passed in ten consecutive attempts, including the initial sitting in which at least two parts of the examination were passed. (i) With respect to examinations, the Board shall charge such applicant a fee, to be determined by the Board which fee shall be sufficient to pay for the cost of such examinations. (j) Any person who has received from the Board a certificate as a registered public accountant and who holds a live permit may be styled and known as a `registered public accountant.' The Board shall maintain a list of registered public accountants, and, for this purpose, the Board may provide by regulation a procedure whereby all registered public accountants are required to register with the Board periodically. (k) Persons who, on the effective date of this Act, hold registered public accountant certificates theretofore issued under the laws of this State shall not be required to undergo recertification

Page 1076

under this Chapter, but shall otherwise be subject to all applicable provisions of this Chapter; and such certificates theretofore issued shall, for all purposes, be considered certificates issued under this Chapter and subject to the provisions hereof. (l) The Board may, in its discretion, waive the examination provided for in paragraph (a)(5) of this section and may issue a certificate as a registered public accountant to any person possessing the qualifications specified in paragraphs (a)(1), (a)(2), and (a)(3) of this section and what the Board determines to be the substantial equivalent of the qualifications under paragraph (a)(4) of this section, who is a holder of a certificate as a registered public accountant, then in full force and effect, issued under the laws of another state; provided, however, that the certificate held by such person was issued after an examination which, in the judgment of the Board, is the equivalent of the standard established by the Board for examinations administered pursuant to paragraph (a)(5) of this section; and provided, further, that such privileges are extended to citizens of this State by the state originally granting the certificate. (m) In the event an applicant for a certificate as a registered public accountant meets all the requirements for such a certificate (other than the requirements of paragraph (a)(1) of this section) the Board may, in its discretion, issue to him a temporary certificate as a registered public accountant which shall be effective only until the Board shall notify him that his application for a certificate as a registered public accountant pursuant to subsection (l) of this section has been either granted or rejected; provided, however, that in no event shall such temporary certificate be in effect for more than three months after the date of its issuance. No fee shall be charged for such certificate. (n) Any written examination described in this section may be administered orally in those instances in which the Board determines that an applicant's physical handicap or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the Board such evidence, as it deems appropriate, of handicap or other circumstances necessitating such oral administration. Such evidence shall be

Page 1077

submitted to the Board at least 20 days prior to the date of examination. (o) A permanent record shall be made of any and all examinations administered orally in accordance with the provisions of subsection (n) of this section. Such records and the examination papers of all written examinations provided for in this Chapter shall be retained by the Secretary for a period of six years. 84-206. Foreign accountants; registration thereof. The Board may, in its discretion, permit the registration of any person of good moral character who is the holder in good standing of a certificate, license, or degree in a foreign country constituting a recognized qualification for the practice of public accountancy in such country. A person so registered shall use only the title under which he is generally known in his own country, followed by the name of the country from which he received his certificate, license or degree. 84-207. Partnerships, professional associations, and professional corporations composed of certified public accountants. (a) A partnership practicing public accountancy in this State may register with the Board as a partnership of certified public accountants, provided it meets the following requirements: (1) at least one general partner thereof is a certified public accountant of this State in good standing; (2) each partner thereof is a certified public accountant of some state in good standing; (3) each resident manager in charge of an office of the partnership in this State and each partner thereof personally engaged within this State in the practice of public accountancy as a partner thereof must be a certified public accountant of this State in good standing; and (4) the partnership is in compliance with such other regulations pertaining to partnerships practicing public accountancy in this State as the Board may prescribe. (b) A professional association practicing public accountancy in this State may register with the Board as a professional

Page 1078

association of certified public accountants, provided it meets the following requirements: (1) the professional association is in compliance with all requirements and provisions of The Georgia Professional Association Act; (2) each resident manager in charge of an office of the professional association in this State and each member thereof personally engaged within this State in the practice of public accountancy as a member thereof must be a certified public accountant of this State in good standing; and (3) the professional association is in compliance with such regulations pertaining to professional associations practicing public accountancy in this State as the Board may prescribe. (c) A professional corporation practicing public accountancy in this State may register with the Board as a professional corporation of certified public accountants, provided it meets the following requirements: (1) the professional corporation is in compliance with all requirements and provisions of The Georgia Professional Corporation Act; (2) each resident manager in charge of an office of the professional corporation in this State and each member thereof personally engaged within this State in the practice of public accountancy as a member thereof must be a certified public accountant of this State in good standing; and (3) the professional corporation is in compliance with such regulations pertaining to professional corporations practicing public accountancy in this State as the Board may prescribe. 84-208. Partnerships and professional associations composed of public accountants. (a) A partnership practicing public accountancy in this State may register with the Board as a partnership of public accountants, provided it meets the following requirements:

Page 1079

(1) at least one general partner thereof is a certified public accountant or a public accountant of this State in good standing; (2) each partner thereof is a certified public accountant or a public accountant of some state in good standing; (3) each resident manager in charge of an office of the partnership in this State and each partner thereof personally engaged within this State in the practice of public accountancy as a partner thereof must be certified public accountant or public accountant of this State in good standing; and (4) the partnership is in compliance with such other regulations pertaining to partnerships practicing public accountancy in this State as the Board may prescribe. (b) A professional association practicing public accountancy in this State may register with the Board as a professional association of public accountants, provided it meets the following requirements: (1) the professional association is in compliance with all requirements and provisions of The Georgia Professional Association Act; provided, however, that nothing in such Act shall be construed to prohibit certified public accountants from joining with public accountants to form such a professional association; (2) each resident manager in charge of an office of the professional association in this State and each member thereof personally engaged within this State in the practice of public accountancy as a member thereof must be a certified public accountant or public accountant of this State in good standing; and (3) the professional association is in compliance with such regulations pertaining to professional associations practicing public accountancy in this State as the Board may prescribe. 84-209. Offices registration thereof. Each office established or maintained for practice in this State by a certified public accountant or partnership, professional association, or professional corporation of certified public accountants, or by a public accountant or a partnership or professional association of public

Page 1080

accountants, or by one registered under section 84-206 of this Chapter shall be registered biennially under this Chapter with the Board; provided, however, that any such office opened between biennial reporting periods shall register with the Board within sixty days after it is opened. Each such office shall be under the supervision of a resident manager who may be either a partner, principal, shareholder, or a staff employee holding a live permit. The Board shall, by regulation, prescribe the procedure to be followed in effecting such registration. 84-210. Biennial permits to practice. (a) A permit to engage in the practice of public accountancy in this State shall be issued by the Secretary at the direction of the Board, to each person who is certificated as a certified public accountant under section 204 of this Chapter, registered as a public accountant under section 205 of this Chapter or registered as a foreign accountant under section 206 of this Chapter, who shall have furnished evidence, satisfactory to the Board, of compliance with the requirements of subsection (b) of this section, and to individuals, partnerships, professional associations and professional corporations registered under section 207 of this Chapter or section 208 of this Chapter; provided, however, that all offices of such certificate holder or registrant are maintained and registered as required under section 209 of this Chapter. There shall be a biennial permit fee in an amount to be determined, from time to time, by the Board, not to exceed $50.00. The expiration, renewal and penalty dates for the permit provided for under this section shall be determined by the Secretary and shall become effective upon approval by the Board. (b) Every application for renewal of a live permit, beginning with those applications for such permits scheduled to be renewed on December 31, 1979, by any individual who is and has been certificated as a certified public accountant, registered as a registered public accountant or registered as a foreign accountant by this State for one year or more shall be accompanied or supported by such evidence as the Board shall prescribe of satisfactory completion of continuing professional education as hereinafter provided in this subsection; provided, however, that the Board may relax or suspend requirements of continuing professional education in instances where an applicant's health requires it or in instances of individual hardship.

Page 1081

(1) (i) Except as provided in subparagraph (iii) of this paragraph, any such applicant who is and has been certificated as a certified public accountant, registered as a public accountant or registered as a foreign accountant by this State, for two years or more, shall have completed, within the two years immediately preceding the renewal date for his live permit, sixty hours of acceptable education as defined in paragraph (2) of this subsection. (ii) Except as provided in subparagraph (iii) of this paragraph, any such applicant who is and has been certificated as a certified public accountant, registered as a public accountant or registered as a foreign accountant by this State, for one year but less than two years, shall have completed, during the year immediately preceding the renewal date, or the initial date, as the case may be, for his live permit, thirty hours of acceptable education as defined in paragraph (2) of this subsection. (iii) Up to fifteen hours of acceptable education as defined in paragraph (2) of this subsection, completed during the period immediately preceding the periods specified in subparagraphs (i) or (ii) of this paragraph in excess of the requirements for such preceding periods may be applied toward satisfaction of the requirements of subparagraphs (i) or (ii) of this paragraph. (2) `Acceptable education' as used in paragraph (1) of this subsection shall include programs of study which meet the criteria hereinafter provided in this paragraph. (i) Such programs of study shall have as their subject matter, one or more of the following: accounting and auditing; taxation; management services; computer sciences; oral and written communications; mathematics and statistics; economics; business law; functional fields of business (e.g., finance production, marketing, personnel relations, business management and organization); specialized industries (e.g., real estate, agriculture, construction and financial institutions); administration of an accounting practice; and such other subjects of study as deemed appropriate by the Board. (ii) Such programs of study shall be offered at or provided by: professional development programs of the American Institute of

Page 1082

Certified Public Accountants or state societies of certified public accountants; technical sessions of meetings of the American Institute of Certified Public Accountants; state societies of public accountants or other professional chapters and organizations recognized by the Board; a college or university, accredited by a national or regional accrediting organization recognized by the Board; formal organized in-firm or multi-firm education programs which have received the prior approval of the Board; formal correspondence or individual study programs which require registration, provide evidence of satisfactory completion and which have received the prior approval of the Board; preparation of articles or books published in academic trade or professional journals recognized by the Board. (iii) Such programs of study, other than preparation of articles or books, shall meet the following criteria: an outline of the program listing the major topics of discussion shall have been prepared in advance by the program director and retained by the student; the program shall have been conducted by a person whose formal training and experience qualify him, in the opinion of the Board, as a competent instructor; except for correspondence or individual study programs, the program shall have been conducted in segments of not less than fifty minutes each; and evidence, satisfactory to the Board, of registration for and attendance through substantially the entire program shall have been presented to the Board. (3) Hours of continuing professional education shall be calculated as follows: (i) in full hours only, with a fifty-minute segment being calculated as a full hour; (ii) credit shall be given only for hours in class, or the equivalent, and not for time devoted to preparation therefor; (iii) each hour of service as a lecturer or discussion leader of an acceptable formal program (exclusive of hours of such service at any repetition of the same such program) shall be deemed to be two hours of continuing professional education;

Page 1083

(iv) for credit hours from a college or university, each semester hour credit shall be deemed to be fifteen hours, and each quarter hour credit shall be deemed to be ten hours, of continuing professional education; (v) for noncredit courses from a college or university, each classroom hour shall be deemed to be one hour of continuing professional education; and (vi) for preparation of articles and books, each hour devoted thereto shall be deemed to be one hour of continuing professional education, but limited to twenty-five percent of the total hours counted toward satisfaction of the continuing professional education requirement in any two-year period unless additional credit is specifically approved by the Board. (c) There shall be a thirty-day grace period in which to file for renewal of a live permit. An application for renewal of a live permit otherwise in order, filed more than thirty, but less than ninety-one days, after it is due shall be accepted by the Board upon payment of a delinquency fee as determined by the Board, but not to exceed $10.00. An application for renewal of a live permit by a partnership, professional association or professional corporation registered under section 207 of this Chapter or section 208 of this Chapter, otherwise in order, filed more than ninety days after it is due shall be accepted by the Board upon payment of a delinquency fee as determined by the Board, but not to exceed $25.00. Renewal of a live permit which has been expired for more than ninety days shall be granted to a person certificated as a certified public accountant under section 204 of this Chapter, registered as a public accountant under section 205 of this Chapter or registered as a foreign accountant under section 206 of this Chapter only upon compliance with the requirements of subsection (d) of this section. (d) Except as provided in subsection (c) of this section, an expired live permit may be renewed at any time within five years after its expiration only by filing an application for renewal accompanied by evidence, satisfactory to the Board, of the completion of thirty hours of continuing professional education during the twelve-month period immediately preceding the date of application for renewal. An application for renewal of a live permit

Page 1084

which has been expired for more than five years, shall be accompanied by evidence, satisfactory to the Board, of the completion of ninety hours of continuing professional education during a period of not more than three years immediately preceding the date of application for renewal; provided, however, that the Board, in its discretion, may provide for an examination, the passing of which will be accepted in lieu of the continuing professional education requirements of this subsection. (e) All provisions of this Chapter relating to continuing professional education shall be administered by the Board, and, in addition to the other powers conferred on the Board by this Code, the Board shall have the authority to appoint a committee or committees composed of certified public accountants, as it deems appropriate, to administer, implement and otherwise carry out the provisions of this Chapter relating to continuing professional education. 84-211. Revocation or suspension of certificate or registration or permit. After notice and hearing as provided in section 213 of this Chapter, the Board may revoke or suspend any certification issued under section 204 of this Chapter or a registration issued under section 205 of this Chapter or section 206 of this Chapter, or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit for any cause which the Board may deem sufficient including, without limiting the generality of the foregoing, any one or any combination of the following causes: (a) violation of any rule, regulation, or order promulgated by the Board in accordance with the provisions of this Chapter; (b) fraud or deceit, in obtaining certification as a certified public accountant or registration as a public accountant, in obtaining registration under this Chapter, or in obtaining a live permit; (c) violation of any of the provisions of section 215 of this Chapter or any other section of this Chapter; (d) dishonesty, fraud or gross negligence in the practice of public accountancy;

Page 1085

(e) commission of a felony under the laws of any state or of the United States; (f) commission of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States; (g) cancellation, revocation, suspension or refusal to renew authority to practice as a certified public accountant or as a public accountant by any other state for any cause other than voluntary withdrawal or failure to pay an annual registration fee in such other state; (h) suspension or revocation of the right to practice before any state or federal agency; (i) failure to furnish evidence of satisfaction of requirements of continuing professional education as required by the Board pursuant to section 210 of this Chapter or to meet any conditions with respect to continuing professional education which the Board may have ordered under that section; or (j) conduct discreditable to the accounting profession. 84-212. Revocation or suspension of partnership, professional association, or corporation registration or permit. (a) After notice and hearing as provided in section 213 of this Chapter, the Board may, in its discretion, revoke the registration and permit to practice of a partnership, professional association or professional corporation if at any time it does not have all the qualifications prescribed by the section of this Chapter under which it qualified for registration. (b) After notice and hearing as provided in section 213 of this Chapter, the Board may revoke or suspend the registration of a partnership, professional association or professional corporation or may revoke, suspend or refuse to renew its live permit or may censure the holder of any such permit for any of the following causes in addition to those enumerated in section 211 of this Chapter: (1) the revocation or suspension of the certificate or registration or the revocation or suspension or refusal to renew the permit

Page 1086

to practice of any partner, member, or shareholder required by law to have such certificate, registration or permit as a condition to the partnership's, professional association's or professional corporation's registration or permit; or (2) the cancellation, revocation, suspension or refusal to renew the authority of the partnership, professional association or professional corporation, or any partner, member, or shareholder thereof, to practice public accountancy in any other state for any cause other than voluntary withdrawal or failure to pay registration fees in such other state. 84-213. Adjudicative hearings before the Board, notice, procedure, review. (a) The Board may initiate proceedings under this Chapter either on its own motion or on the complaint of any person. (b) Notice, rules of procedure, right to review and any other matters arising with respect to all adjudicative hearings conducted by the Board shall be determined in accordance with the provisions of the Georgia Administrative Procedure Act. (c) Before the Board shall revoke or suspend a permit, certificate or registration, it shall provide for a hearing for the holder of such permit, certificate or registration in accordance with the Georgia Administrative Procedure Act. Any person who has exhausted all administrative remedies available within this Chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the Georgia Administrative Procedure Act. 84-214. Reinstatement. Upon application in writing after hearing pursuant to the Georgia Administrative Procedure Act, the Board may recertificate a certified public accountant or reregister a public accountant or foreign accountant whose certification or registration shall have been revoked or may reissue, or modify the suspension of, a live permit which has been revoked or suspended. 84-215. Acts declared unlawful. (a) No individual shall assume or use the title or designation `certified public accountant' or the abbreviation `C.P.A.' or any other title, designation,

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words, letters, abbreviation, sign, card or device tending to indicate that such individual is a certified public accountant, unless such individual has received a certificate as a certified public accountant under section 204 of this Chapter, holds a live permit and all of such individual's offices in this State for the practice of public accountancy are maintained and registered as required under section 209 of this Chapter; provided, however, that a foreign accountant who has registered under the provisions of section 206 of this Chapter and who holds a live permit may use the title under which he is generally known in his country, followed by the name of the country from which he received his certificate, license, or degree. (b) No partnership, professional association, professional corporation, or any other person or entity shall assume or use the title or designation `certified public accountant' or the abbreviation `C.P.A.' or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such partnership, professional association, professional corporation, person or entity is composed of certified public accountants unless such partnership, professional association, professional corporation, person or entity is registered as a partnership, professional association, or professional corporation of certified public accountants under section 207 of this Chapter, holds a live permit, and all offices of such partnership, professional association or professional corporation in this State for the practice of public accountancy are maintained and registered as required under section 209 of this Chapter. (c) No individual shall assume or use the title or designation `public accountant' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such individual is a public accountant, unless such individual has been registered as a public accountant under section 205 of this Chapter, holds a live permit and all of such person's offices in this State for the practice of public accountancy are maintained and registered as required under section 209 of this Chapter, or unless such person is entitled to use the designation `certified public accountant' under subsection (a) of this section and holds a live permit; provided, however, that nothing herein shall be construed to prohibit the use of the abbreviation `P.A.' in accordance

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with the provisions of The Georgia Professional Association Act or The Georgia Professional Corporation Act. (d) No partnership, professional association or any other person or entity shall assume or use the title or designation `public accountant' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such partnership or professional association, other person or entity, is composed of public accountants unless such partnership, professional association or other person or entity is registered as a partnership or professional association of public accountants under section 208 of this Chapter, holds a live permit, and all offices of such partnership or professional association or other person or entity in this State for the practice of public accountancy are maintained and registered as required under section 209 of this Chapter; provided, however, that nothing herein shall be construed to prohibit the use of the abbreviation `P.A.' in accordance with the provisions of The Georgia Professional Association Act or The Georgia Professional Corporation Act. (e) No individual, partnership, professional association, professional corporation, or any other person or entity shall assume or use (i) any title or designation likely to be confused with `certified public accountant' or `public accountant' including, without limiting the generality of the foregoing, `certified accountant', `enrolled accountant', `licensed accountant', `licensed public accountant', or `registered accountant', or (ii) any abbreviation likely to be confused with `C.P.A.' or `P.A.' including without limiting the generality of the foregoing, `C.A.', `E.A.', `R.A.', `L.A.', or `L.P.A.'; provided, however, that nothing herein shall be construed to prohibit the use of the abbreviation `P.A.' in accordance with the provisions of The Georgia Professional Association Act or The Georgia Professional Corporation Act; and, provided, further, a foreign accountant registered under section 206 of this Chapter who holds a live permit and all of whose offices in this State for the practice of public accountancy are maintained and registered as required under section 209 of this Chapter, may use the title under which he is generally known in his country, followed by the name of the country from which he received his certificate, license or degree.

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(f) No individual shall sign or affix his name or any trade assumed name used by him in his profession or business to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing (1) financial information, or (2) facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying, contained in or affixed on such opinion or certificate, which indicates that he has expert knowledge in accounting or auditing, unless he holds a live permit and all of his offices in this State for the practice of public accountancy are maintained and registered under section 209 of this Chapter; provided, however, that the provisions of this subsection shall not prohibit any officer, employee, partner, or principal of any organization from affixing his signature to any statement or report in reference to the affairs of said organization with any wording designating the position, title, or office which he holds in said organization, nor shall the provisions of this subsection prohibit any act of a public official or public employee in the performance of his duties as such. (g) No person shall sign or affix, or cause to be signed or affixed, a partnership, association or corporate name to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing (1) financial information, or (2) facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans and appropriations, together with any wording accompanying or contained in such opinion or certificate, which indicates that such partnership, association or corporation is composed of or employs persons having expert knowledge in accounting or auditing, unless the partnership, association or corporation holds a live permit and all of its offices in this State for the practice of public accountancy are maintained and registered as required under section 209 of this Chapter. 84-216. Exceptions; acts not prohibited. (a) Nothing contained in this Chapter shall prohibit any person not a certified public accountant or public accountant from serving as an employee of, or an assistant to, a certified public accountant or

Page 1090

public accountant or partnership, professional association or professional corporation of certified public accountants or public accountants holding a live permit or a foreign accountant registered under section 206 of this Chapter and holding a live permit; provided, however, that such employee or assistant shall not issue, or attest to, any accounting or financial statement over his name. (b) Nothing contained in this Chapter shall prohibit a certified public accountant or a public accountant of another state, or any accountant who holds a certificate, degree or license in a foreign country, constituting a recognized qualification for the practice of public accountancy in such country, from temporarily and periodically practicing in this State, if he is conducting a regular practice in such other state or foreign country; provided, however, that such temporary and periodic practice is conducted in conformity with the regulations and rules of professional conduct promulgated by the Board; and provided, further, that such privileges are extended to certified public accountants or public accountants, as the case may be, of this State by such other state or foreign country. (c) Nothing contained in this Chapter shall prohibit any person from offering to perform or performing for the public, for compensation, any of the following services: (1) the recording of financial transactions in books of record; (2) the making of adjustments of such transactions in books of record; (3) the making of trial balances from books of record; (4) internal verification and analysis of books or accounts of original entry; (5) the preparation of unaudited financial statements, schedules, or reports; (6) the devising and installing of systems or methods of book-keeping, internal controls of financial data, or the recording of financial data;

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(7) the preparation of tax returns and related forms. 84-217. Injunction against unlawful acts; certain duties of the attorney general and certain powers of the Board. Whenever in the judgment of the Board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of section 215 of this Chapter, or any other section of this Chapter, the Board may make application to the superior court for the county in which such acts or practices have occurred or may be reasonably expected to occur, for an order enjoining such acts or practices, and upon a showing by the Board that such person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order or such other order as may be appropriate shall be granted by such court. The Attorney General shall assist in the enforcement of the provisions of this Chapter, and the Board shall have the authority to retain attorneys, as it deems necessary with the approval of the Attorney General, to assist the Board in bringing any action authorized by law. 84-218. Misdemeanors; penalty. Any person who violates any provision of section 215 of this Chapter, or any other section of this Chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to punishment in accordance with the provisions of Chapter 27-25 of this Code. 84-219. Single act, evidence of practice. The display or uttering by a person of a card, sign, advertisement or other printed, engraved or written instrument or device bearing a person's name in conjunction with the words `certified public accountant' or any abbreviation thereof, or `public accountant' or any abbreviation thereof, shall be prima facie evidence in any action brought under section 217 of this Chapter or section 218 of this Chapter that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement or other printed, engraved or written instrument or device and that such person is holding himself out to be a certified public accountant, or a public accountant holding a live permit. In any such action, evidence of the commission of a single act prohibited by this Chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct.

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84-220. Ownership of accountants' working papers and communications to accountants as confidential (a) All statements, records, schedules, working papers, computer printouts, computer tapes and memoranda made by a certified public accountant or public accountant incident to, or in the course of, professional service to clients by such certified public accountant or public accountant, except reports submitted by a certified public accountant or public accountant to a client, shall be and remain the property of such certified public accountant or public accountant and his partners, fellow shareholders in a professional corporation or fellow members in a professional association, in the absence of an express agreement between such certified public accountant or public accountant and the client to the contrary. No such statement, record, schedule, working paper or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or his personal representative or his assignee, to anyone other than one or more surviving partners, fellow shareholders in a professional corporation or fellow members in a professional association of such certified public accountant or public accountant. (b) All communications between a certified public accountant or public accountant or employee of such certified public accountant or public accountant acting in the scope of such employment and the person for whom such certified public accountant, public accountant or employee shall have made any audit or other investigation in a professional capacity, and all information obtained by a certified public accountant, public accountant or such an employee in his professional capacity concerning the business and affairs of clients shall be deemed privileged communications in all courts or in any other proceedings whatsoever, and no such certified public accountant, public accountant or employee shall be permitted to testify with respect to any of said matters, except with the consent in writing of such person or client or such person's or client's legal representative; provided, however, that nothing herein shall be construed as prohibiting a certified public accountant, public accountant or such an employee from (i) disclosing any data required to be disclosed by the standards of the accounting profession in rendering an opinion on the presentation of financial statements or in making disclosure where the practices or diligence of the accountant in preparing, or in expressing an opinion upon, such financial

Page 1093

statements are contested, or (ii) disclosing any data where the professional services of the accountant are being contested by, or against, the client for whom such services were performed, or any representative or assignee of such client, (iii) disclosing any data to other certified public accountants, public accountants or employees thereof in connection with practice reviews sponsored by professional groups, the purpose of which reviews is to survey such accountant's business practices, audits, and work papers; or (iv) disclosing any data in a hearing pursuant to section 84-213 of this Chapter so long as such data shall be received by the Board in camera, and shall not be disclosed to the public; and provided, further, that no disclosure provided for in clauses (i), (ii), (iii), or (iv) of this subsection shall constitute a waiver of the privilege established herein. 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 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. PHARMACISTSSUBSTITUTION OF GENERIC DRUG PRODUCTS. Code Ch. 79A-4- Amended. No. 641 (House Bill No. 57). An Act to amend Code Chapter 79A-4, relating to pharmacists, as amended, so as to authorize pharmacists to substitute drug

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products with the same generic names under certain conditions; to provide definitions; to provide for practices, procedures, requirements and restrictions on the substitution of drugs; to provide that substitution of drugs under the provisions of this Act shall not constitute the practice of medicine; 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 79A-4, relating to pharmacists, as amended, is hereby amended by adding following Code section 79A-408 five new sections to be designated sections 79A-408.1 through 79A-408.5, to read as follows: 79A-408.1. Definitions. For the purposes of sections 79A-408.1 through 79A-408.5, unless the context otherwise requires, the term: (1) `Brand name' means the proprietary, specialty or trade name used by a drug manufacturer for a generic drug and placed upon the drug, its container, label or wrapping at the time of packaging. (2) `Generic name' means a chemical name, a common or public name or an official name used in an official compendium recognized by the Federal Food, Drug and Cosmetic Act, as amended. (3) `Pharmaceutically equivalent' means those drug products which have the same active chemical ingredients. (4) `Substitute' means to dispense pharmaceutically equivalent and therapeutically equivalent drug products in place of the drug prescribed. 79A-408.2. Drug Substitution. (a) In accordance with the provisions of section 79A-408.3, a pharmacist may substitute a drug with the same generic name in the same strength, quantity, dose and dosage form as the prescribed brand name drug product which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent.

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(b) If a practitioner of the healing arts prescribes a drug by its generic name, the pharmacist shall dispense the lowest retail priced drug product which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent. (c) Substitutions as provided for in subsections (a) and (b) are authorized for the express purpose of making available to the consumer the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, both therapeutically equivalent and pharmaceutically equivalent. 79A-408.3. Limitation on substitution. (a) A purchaser of a drug product may instruct a pharmacist not to substitute. (b) A practitioner of the healing arts shall instruct the pharmacist whether or not a generic name drug product may be substituted for the said practitioner's prescribed brand name drug product. (c) Every prescription written in this State by a licensed practitioner of the healing arts shall be on a prescription form containing two lines for the practitioner's signature. Alongside the first signature line shall be clearly printed the words `Generic Substitution Permitted'; immediately below the first signature line and alongside the second signature line shall be clearly printed the words `Dispense as Written'. Effective January 1, 1978, any person using prescription forms to prescribe dangerous drugs, which forms do not comply with the requirements of this subsection, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. 79A-408.4. Notices. Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product and its manufacturer. Such prescription shall be made available for inspection by the Board of Pharmacy or its representative in accordance with the rules of the board.

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79A-408.5. Civil immunity. The substitution of any drug by a registered pharmacist pursuant to Code section 79A-408.2 does not constitute the practice of medicine. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. STATE EMPLOYEESSERVICE FOR RETIREMENT CHANGED. No. 642 (House Bill No. 85). An Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 160), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1177), so as to change the provisions relating to the service necessary for retirement; to provide that certain former members of the Uniform Division of the Department of Public Safety shall be entitled to receive a monthly supplemental benefit; to provide for the qualifications and restrictions for such supplemental benefit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 160), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1177), is hereby amended by striking from subsection (11) of section 5 the following: thirty-five years' service, and inserting in lieu thereof the following:

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thirty-four years' service, so that when so amended, subsection (11) of section 5 shall read as follows: (11) Anything in this Act to the contrary notwithstanding, any member with thirty-four years' service shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of sixty-five had he continued in service without further change in compensation. Provided, further, that the limitations as to age and length of service provided in section 5, subsection (1)(a) of this Act shall not apply to the provisions of subsections (3) and (4) of section 5 of this Act. Section 2. Said Act is further amended by adding at the end of the second subparagraph of paragraph (b) of subsection (3) of section 5 of said Act: Any other provision of law to the contrary notwithstanding, any member of the Uniform Division of the Department of Public Safety who retired prior to July 1, 1970, as a result of becoming permanently disabled due to an act of external violence or injury incurred in the line of duty, and who was a member of the Employees' Retirement System on the date of the injury or act of violence, shall be entitled to and shall receive the monthly supplemental benefit provided for herein., so that when so amended, the second subparagraph of paragraph (b) of subsection (3) of section 5 of said Act shall read as follows: Provided, further, such permanent disability retirement shall apply regardless of the length of service of any such member, and, further, such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a member so disabled in the line of duty, shall receive a monthly supplemental benefit which shall be in the amount of $5 per month for each year of creditable service as a member of the Uniform Division of the Department of Public Safety, Department of Natural Resources Law Enforcement personnel, and Alcohol and Tobacco officer or agent of the Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation. Such additional

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monthly supplemental benefit shall in no event exceed $150 per month. Any other provision of law to the contrary notwithstanding, any member of the Uniform Division of the Department of Public Safety who retired prior to July 1, 1970, as a result of becoming permanently disabled due to an act of external violence or injury incurred in the line of duty, and who was a member of the Employees' Retirement System on the date of the injury or act of violence, shall be entitled to and shall receive the monthly supplemental benefit provided for herein. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. SUPERIOR COURT CLERKSCOLLECTION OF FEES. No. 643 (House Bill No. 128). An Act to amend an Act providing retirement benefits for the clerks of the Superior Courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, so as to provide for the collection of additional legal costs in each civil suit, action, case or proceeding; to provide for the disposition of such costs; to provide that such costs and fees shall be remitted to the board; to provide for records; to provide for audits; to provide for the use of such funds; to provide for the collection of additional sums for the recording of all instruments pertaining to real estate; to amend Code section 22-803, relating to filing articles of incorporation and publication of notices, as amended, so as to change the provisions relating to the sums to be paid as costs of filing the articles of incorporation; to amend Code Chapter 24-27, relating to clerks of superior courts, as amended, so as to substantially revise the fees of the clerks of superior courts; to provide for additional fees; to amend Code Chapter 27-14, relating to arraignment and pleas, as amended, so as to provide for fees for clerks of superior courts; to amend Code section 27-2511.1, relating to review of sentences, so as to provide for fees for clerks of superior courts; to amend an Act requiring that defendants

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convicted of crimes be awarded credit for time spent in jail awaiting trial, approved March 24, 1970 (Ga. L. 1970, p. 692), as amended, so as to change certain references; to provide for fees for clerks of superior courts; to amend an Act revising the adoption laws, approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, so as to change the provisions relating to fees for clerks of superior courts; to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to change the provisions relating to fees of the clerks of superior courts; to amend Code section 79-501, relating to the procedure for change of names, as amended, so as to provide for fees for clerks of superior courts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, is hereby amended by adding, following section 8, a new section 8.1 to read as follows: Section 8.1. In addition to all other legal costs, the sum of $1 shall be charged and collected in each civil suit, action, case or proceeding, 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 a civil nature, filed in the superior courts. The clerks of the superior courts shall collect such fees, and the fees so collected shall be remitted to the board quarterly, or at such time as the board may provide. It shall be the duty of the clerks of the superior courts to keep accurate records of the amounts due the board under this section, 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 law. Section 2. Said Act is further amended by adding, following section 8.1, a new section 8.2, to read as follows: Section 8.2. In addition to all other legal costs, the sum of 50 shall be charged and collected in addition to any other fees

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or costs for the recording of all instruments pertaining to real estate filed in the superior courts. The clerks of the superior courts shall collect such fees, and the fees so collected shall be remitted to the board quarterly or at such time as the board may provide. It shall be the duty of the clerks of the superior courts to keep accurate records of the amounts due the board under this section, 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 law. Section 3. Code section 22-803, relating to filing articles of incorporation and publication of notices, as amended, is hereby amended by striking paragraph (3) of subsection (c) of said Code section in its entirety, and inserting in lieu thereof a new paragraph (3), to read as follows: Code 22-803. (3) A check, draft or money order in the amount of $16, 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 and in payment of the fee required in civil actions and proceedings as required by Code section 24-2727 and section 8.1 of 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. Section 4. Code Chapter 24-27, relating to clerks of the superior courts, as amended, is hereby amended by striking Code section 24-2727, relating to fees of the clerks of the superior courts, as amended, in its entirety and substituting in lieu thereof a new Code section 24-2727, to read as follows: Code 24-2727. 24-2727. Fees enumerated. The clerks of the superior courts of this State shall be entitled to charge and collect the following fees for official duties performed by them; provided, that in all counties in this State where the clerk of the superior court is on a salary basis, the fees herein provided shall be paid into the county treasury, to wit: Civil Cases Filing and docketing suits: complaints or motions $4.00 Copying and issuing process or summons 4.00 Each copy after first copy 2.00 Entering verdict or judgment on minutes 2.00 Filing all pleadings and instruments subsequent to any complaint in any case, each 1.00 Issuing fieri facias and entry on execution docket 2.00 Entering fieri facias on general execution docket 1.00 Issuing subpoena or summons to witness 50 Writ of partition of land and recording proceedings in case 10.00 Recording incorporation of any company 15.00 Proceedings for voluntary dissolution of charter 15.00 Furnishing and certifying any process, order, etc., for publication 1.50 Recording and returning to sender all instruments pertaining to real estate, per page 2.00 Provided, that in addition to the fee per page, there shall also be collected, for the purpose provided in section 8.2 of 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, on each instrument pertaining to real estate the sum of 50 Cancellation of deeds, mortgages and fieri facias, each 1.00 Providing uncertified photocopies of documents in Clerk's Office, per page 25 Issuing commission to examine witness 1.00 Recording any instrument or writing, not specified, per page 1.50 Certification or exemplification of record, per page 1.50 Preparation of record and transcript to the supreme court or court of appeals, per page 1.50 Provided, however, that where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for filing and transmission of such transcript a fee of 5.00 Entering remittitur from supreme court or court of appeals 1.00 Clerk's certificate 1.00 Clerk's seal 1.00 Issuing jury script or check, each 30 Recording maps or plats 2.00 Before filing any civil case or proceeding, in accordance with the provisions of section 24-3406, as the same may now or hereafter be amended, a deposit of 20.00 Provided, that such deposit shall not be required if the party desiring to file such case or proceeding is unable by reason of poverty to pay such deposit and such party files with the clerk an affidavit to such effect: Provided further, that nothing contained herein shall be deemed to require such deposit of the State, its agencies or political subdivisions. For issuing certificates of appointment to Notaries Public and for issuing certificates of reappointment as provided by section 71-105, relating to the issuance of such certificates and the fees therefor, as amended 5.00 Recording deeds of trust or amendments thereto in accordance with the provisions of section 108-607, as amended, per page 2.00 Validation and confirmation of revenue bonds pursuant to the provisions of section 87-820, first 500 bonds, each 1.00 all over 500, each .50 Registering and filing trade names pursuant to the provisions of section 106-302 2.00 Issuing certificate of adoption under seal of the court pursuant to the provisions of section 74-417 2.00 For processing alimony or child support payments, an additional amount, also to be paid by the husband to the clerk, of five percent of the amount of payment, but not more than 1.25 For each day of service in attendance upon the courts 20.00 The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this State. The clerks shall receive the same fees as in other civil cases for performing the duties required of them by Title 60 relating to land registration. The clerks shall receive the same fees as in other civil cases for performing the duties required by them by Chapter 75-4, the Uniform Limited Partnership Act. The clerks shall receive the same fees as in other civil cases for performing the duties required of them in cases of trover or bail trover, regardless of the amount involved in such cases. In addition to all other legal costs charged and collected in each civil suit, action, case or proceeding, in accordance with the provisions of section 8.1 of 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, the sum of 1.00

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Criminal Cases Service in entering and docketing bills of indictment, presentments, no bills, accusations, indictments or accusation record $3.00 Service in cases where the defendant is tried or pleads guilty, or there is a settlement 10.00 Service in docketing and entering bills of indictment or presentments on minutes in cases of nolle prosequi 5.00 Issuing each summons or subpoena .50 Issuing and mailing first notice of arraignment pursuant to the provisions of section 27-1401 1.00 Affidavit of custodian, filing and transmittal pursuant to the provisions of section 27-2532 1.00 Defendant's personal history and related documents as provided in Section 77-309(c) 5.00 Preparation of documents to Superior Court Sentence Review Panel in accordance with section 27-2511.1, first copy, per page 1.50 subsequent copies, per page .50 Entering any record on minutes, not specified, per page 1.50 Preparation of record and transcript to the supreme court or court of appeals, per page 1.50 Provided, however, where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for the filing and transmission of such transcript, a fee of 5.00 Recording proceedings in all cases of habeas corpus, per page 1.50 For each day of service in attendance upon the courts 20.00 The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this State. All statutes or laws in force in this State which provide compensation for clerks of the superior courts for the discharge of duties not herein enumerated or provided for shall remain in full force and effect.

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Section 5. Code Chapter 27-14, relating to arraignment and pleas, as amended, is hereby amended by striking Code section 27-1401, relating to notice of the date of arraignment, as amended, in its entirety and substituting in lieu thereof a new Code section 27-1401, to read as follows: Code Ch. 27-14. 27-1401. Notice of date of arraignment; time for trial. In all criminal cases, the court shall fix a date on which the defendant shall be arraigned. The clerk of the court, at least three days prior to the date set therefor, shall mail to the accused, and his attorney of record, if known, notice of the date which has been fixed for such arraignment. For such first notice of service, the clerk shall receive the fee prescribed in Code section 24-2727, as amended. This notice may be served by the sheriff or his lawful deputies. On the date fixed by the court, the accused shall be arraigned. The court shall receive the plea of the accused and enter such plea as is provided for hereinafter. In those cases wherein a plea of not guilty is entered, the court shall set the case down for trial at such time as shall be determined by the court. The appearance and entering a plea by the accused shall be a waiver of the notice required herein. Section 6. Code section 27-2511.1, relating to review of sentences, is hereby amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: Code 27-2511.1. (a) In any case, except cases in which the death penalty is imposed, in which a sentence of five or more years, or several consecutive sentences which total five or more years, has been fixed and imposed by a judge, without a jury, the defendant shall have the right to have such sentence or sentences reviewed by a panel of three superior court judges. The purpose of such review shall be for the determination of excessive harshness in the sentence or sentences so imposed. Consideration shall be given in such review to the nature of the crime for which the defendant has been convicted and to the defendant's prior criminal record. Any defendant seeking a review of such sentence or sentences shall make application therefor within 30 days of the date on which the sentence was imposed by a judge of the superior court or after the remittitur from the court of appeals or supreme court affirming the conviction is made the judgment of the sentencing court, whichever shall occur last. Such application shall be filed

Page 1105

with the clerk of the superior court in which the sentence was imposed. Upon the filing of an application the clerk shall transmit the same to the three-judge panel created by the provisions of this section within ten days of the date on which such application was filed. For such service, the clerk shall receive the fees prescribed in Code section 24-2727, as amended, from the funds of the county, except where such clerk is on a salary. It shall be the duty of the judge imposing such sentence and any probation officer to transmit, within ten days of the filing of an application for review of a sentence, a copy of any presentence or postsentence report prepared by the probation officer, including the record of the defendant, to said three-judge panel. Section 7. An Act requiring that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, approved March 24, 1970 (Ga. L. 1970, p. 692), as amended, is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3, to read as follows: Credit for time in jail. Section 3. The custodian of the defendant shall be required to make an affidavit specifying the number of days which the defendant has spent in custody prior to trial and furnish such affidavit to the clerk of the court within five days after sentence is imposed if the defendant is convicted. The affidavit of the custodian of the defendant shall be made a part of the official record of the trial. The clerk of the court shall transmit a copy of the custodian's affidavit to the State Board of Offender Rehabilitation when applicable. For such service, the clerk shall receive the fee prescribed in Code section 24-2727, as amended, from the funds of the county, except where such clerk is on a salary. The Board of Offender Rehabilitation shall give the defendant credit for the number of days spent in custody prior to conviction and sentence, as reflected in the custodian's affidavit, before forwarding the record to the Bosrd of Pardons and Paroles. Section 8. An Act revising the adoption laws, approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, is hereby amended by striking the last sentence of section 4 of said Act, which reads as follows: Adoption costs. At the time of filing the petition, the petitioner shall deposit with the clerk the sum of $15.00 which shall be the clerk's cost for filing and processing the adoption proceedings.

Page 1106

and inserting in lieu thereof the following: At the time of filing the petition, the petitioner shall deposit with the clerk the sum of $20.00 which shall be the clerk's cost for filing and processing the adoption proceedings. so that when so amended section 4 of said Act shall read as follows: Section 4. Petition and Contents. The petition, duly verified, together with two conformed copies thereof, must be filed with the clerk of the court having jurisdiction, and shall set forth the name, age and place of residence of the child; the name, age and place of residence of the petitioner or petitioners; the name by which the child is to be known should the adoption be ultimately completed; whether such child is possessed of any property and if so, a full and complete description thereof; whether the child has one or both parents living; and in case one or both are alive, their names and places of residence, unless unknown; if the child has a guardian of its person, the name and residence of said guardian together with the date and place of his appointment; and the written consent required by section 3. If the petition is filed in a county other than that of the petitioner's residence, the reason therefor must also be set forth in the petition. At the time of filing the petition, the petitioner shall deposit with the clerk the sum of $20.00 which shall be the clerk's cost for filing and processing the adoption proceedings. Section 9. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, is hereby amended by striking the last sentence of subsection (c) of section 13 of said Act, which reads as follows: Board of Corrections. For such service, the clerk shall receive a fee of $1 from funds of the county, except where such clerk is on a salary., and inserting in lieu thereof the following: For such service, the clerk shall receive the fee prescribed in Code section 24-2727, as amended, from funds of the county, except where such clerk is on a salary.,

Page 1107

so that when so amended subsection (c) of section 13 shall read as follows: (c) Immediately upon the imposition of such a sentence as provided in Paragraph (b) of this section, and after all appeals or other motions have been disposed of so that said conviction has become final, the clerk of the court shall immediately notify the Director of Corrections of the sentence, and shall forthwith dispatch therewith, by mail, a complete history of such person upon forms provided by the director. Such history shall include a certified copy of the indictment, accusation, or both, a certified copy of sentence, and such other information as the director may require. For such service, the clerk shall receive the fee prescribed in Code section 24-2727, as amended, from funds of the county, except where such clerk is on a salary. Section 10. Code section 79-501, relating to the procedure for change of names, as amended, is hereby amended by adding a new sentence at the end of said Code section, to read as follows: Name Changes. For such service, the clerk shall receive the fees prescribed in Code section 24-2727, relating to fees of clerks of the superior courts, as amended, for civil cases., so that when so amended, Code section 79-501 shall read as follows: 79-501. Any person desirous of changing his name or the name or names of his minor child or children may present a petition to the superior court of the county of his residence, setting forth fully and particularly the reason why such change is asked, which petition shall be verified by the petitioner. Within seven (7) days of the filing of said petition, the petitioner shall cause a notice of such filing, signed by him, to be published in the official gazette of the county once a week for four weeks. Said notice shall contain therein the name of the petitioner, the name of the person whose name is to be changed if different from that of the petitioner, the new name desired, the court in which same is pending, the date on which the petition was filed, and the right of any interested or affected party to appear therein and file objections. If the petition seeks to change the name of a minor child, the written consent of the parent or parents if they are living and

Page 1108

have not abandoned the child, or the written consent of the child's guardian if both parents are dead or have abandoned the child, shall be filed with the petition. In all cases before a minor child's name can be changed the parent or parents of such child shall be served with a copy of the petition. If the parent or parents reside within the State of Georgia, service of the petition shall be made in person. If the parent or parents reside outside the State of Georgia, service of the petition on such parent or parents residing outside the State shall be made by certified mail if the address is known, otherwise by publication as provided herein. Where a child resides with persons other than his parent or parents, a copy of the petition shall be served upon the person acting as guardian of the child in the same manner as service would be made on a parent. Upon the expiration of thirty (30) days from the filing of the petition if the person whose name to be changed is an adult, or upon the expiration of thirty (30) days from the date of service upon the parent, parents or guardian if such parent, parents or guardian reside within the State of Georgia, or upon the expiration of sixty (60) days from the date of service upon the parent, parents or guardian if either the parent, parents or guardian reside outside the State and the petition is served by mail, and proof to the court of publication of the notice as herein required, if no objection is filed, the court shall proceed in term or in vacation, at chambers, at such date as the court shall fix, to hear and determine all matters raised by the petition and to render final judgment or decree thereon. For such service, the clerk shall receive the fees prescribed in Code section 24-2727, relating to fees of clerks of the superior courts, as amended, for civil cases. Section 11 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. PROFESSIONAL SANITARIANSACT AMENDED. No. 644 (House Bill No. 131). An Act to amend an Act regulating the practice of professional sanitarians and to promote the principles of environmental

Page 1109

sanitation, approved March 7, 1957 (Ga. L. 1957, p. 219), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 554), and an Act approved April 18, 1975 (Ga. L. 1975, p. 801), so as to comprehensively revise said Act; to change and add definitions; to authorize the licensure of certain persons who do not meet certain qualifications; to abolish the State Board of Examiners for Registered Professional Sanitarians; to create the Georgia Board of Registered Professional Sanitarians; to provide for the appointment, term of office, qualifications, removal, and compensation of members of the board; to provide for meetings, officers and quorum of the board; to create an advisory council; to provide for the appointment, term of office, removal, compensation and qualifications of members of the council; to provide for the meetings, officers and powers and duties of the council; to provide for the powers and duties of the board and the Joint Secretary, State Examining Boards; to provide for licensure by endorsement; to provide for fees and licenses; to provide conditions for the renewal of certain licenses; to provide for the review of certain educational programs by the board; to provide for injunctions; to prohibit the use of certain titles and initials; to provide exceptions to the provisions of said Act; to specify unlawful acts; to provide punishments; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation, approved March 7, 1957 (Ga. L. 1957, p. 219), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 554), and an Act approved April 18, 1975 (Ga. L. 1975, p. 801), is hereby amended by striking section 1 in its entirety, which reads as follows: Definitions. Section 1. Definitions.(a) `Sanitarian' shall mean a person trained in the field of sanitary science and technology who is qualified to carry out administrative, regulatory, educational and training duties in the field of sanitation.

Page 1110

(b) `Registered Professional Sanitarian' shall mean a sanitarian who has qualified in accordance with the provisions of this Act and who has been licensed as provided for herein. and substituting in lieu thereof a new section 1, to read as follows: Section 1. As used in this Act, unless the context otherwise requires, the term (a) `advisory council' means the advisory council created in section 3A. (b) `board' means the Georgia Board of Registered Professional Sanitarians created in section 3. (c) `environmental health and control programs' means programs for achieving or maintaining conditions to insure an environment that is conducive to health, comfort, safety, and well-being and provides adequate protection to the public. (d) `nonprofessional environmental health personnel' means any person in any environmental health and control program who does not hold a valid license to practice as a registered professional sanitarian or as a registered professional engineer. (e) `registered professional sanitarian' means any person who holds a valid license as a registered professional sanitarian in accordance with the provisions of this Act. (f) `sanitarian' means a person trained in the field of sanitary science and technology who is qualified to carry out administrative, regulatory, educational and training duties in an environmental health and control program. (g) `sanitarian intern/trainee' means any person who has met the educational requirements as provided in section 6 of this Act, but does not meet the job training and experience requirement of this Act for license as a registered professional sanitarian and has not successfully passed the examination to hold a valid license as a registered professional sanitarian.

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(h) `practice as a registered professional sanitarian' means employment for compensation, full or part time, as a registered professional sanitarian in any capacity in environmental health or control programs unless otherwise exempt by provisions of this Act. Practice as a registered professional sanitarian includes the performance of any act in the evaluation, regulation, control, administration, or planning of environmental programs or services whose purpose is the prevention of illness, injury, or the promotion of a quality environment. (i) `employment as a sanitarian intern/trainee' means the performance of selected tasks under general supervision necessary to carry out a general environmental health and control program. For the purposes of this subsection `supervision' means functioning under the direction of a registered professional sanitarian. Section 2. Said Act is further amended by striking section 2, which reads as follows: Section 2. From and after 90 days from the effective date of this Act no person shall represent himself to be a Registered Professional Sanitarian or employ that title in any manner without first having applied for and received a license as hereinafter provided., and substituting in lieu thereof a new section 2, to read as follows: Section 2. A person who was employed as a sanitarian prior to the effective date of this Act and who does not meet the qualifications necessary for licensure as a registered professional sanitarian contained in this Act shall be granted a license as a registered professional sanitarian if he pays the required fees and has completed two consecutive years of employment as a sanitarian. The initial application for licensure under this section shall be made within one year after the effective date of this Act. Existing Sanitarians. Section 3. Said Act is further amended by striking section 3, which reads as follows: Section 3. There is hereby created a board to be known as the State Board of Examiners for Registered Professional

Page 1112

Sanitarians, hereinafter referred to as the board. Said board shall be composed of five members to be appointed by the Governor. The appointment shall be made as follows: One member from the State Department of Public Health, one from the State Department of Agriculture, one Doctor of Veterinary Medicine, one from the College of Agriculture of the University of Georgia, and one from industries in which sanitarians are employed. The appointments shall be for periods of one, two, three, four and five years respectively, to be determined by the Governor. All subsequent appointments shall be for terms of five years. Members shall be eligible for reappointment. Vacancies shall be filled by the Governor for the unexpired term. The members of the board shall receive no compensation for their services but shall be reimbursed for expenses incurred in the performance of their duties. The members of the board shall meet for an organization meeting at the call of the joint secretary within sixty days from their appointment and qualification and thereafter at least once a year at such time and place as may be provided by rules and regulations adopted and promulgated by them. Provided, however, that special meetings may be called by the chairman or the joint secretary at such time and under such circumstances as they may deem necessary and proper. Provided further, that any notice of such meeting shall be given all members in writing at least ten days prior to the date of the meeting., and substituting in lieu thereof a new section 3, to read as follows: Section 3. (a) The State Board of Examiners for Registered Professional Sanitarians in existence immediately prior to the effective date of this Act is abolished. There is hereby created the Georgia Board of Registered Professional Sanitarians to be composed of seven (7) registered professional sanitarians appointed by the Governor. Three of the initial members of the board shall be appointed to terms of three years and until their successor is appointed and qualified. Two of the initial members of the board shall be appointed to terms of two years and until their successor is appointed and qualified. Two of the initial members of the board shall be appointed to terms of one year and until their successor is appointed and qualified. Thereafter, members shall be appointed to three-year terms and until their successor is appointed and qualified. No member shall be appointed to more

Page 1113

than two (2) consecutive terms. Vacancies on the board shall be filled by appointment by the Governor of a member to serve the remainder of the unexpired term. The Governor may remove any member from the board for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct. The Governor shall appoint members so that the board will at all times consist of the following: Board created. (1) one registered professional sanitarian from the Georgia Department of Agriculture; (2) one registered professional sanitarian from a Georgia Department of Human Resources local Health Department; (3) one registered professional sanitarian from the Georgia Department of Human Resources Environmental Health Section; (4) one registered professional sanitarian from the College of Agriculture of the University of Georgia; (5) one registered professional sanitarian from the University System of Georgia, other than the University of Georgia; (6) one registered professional sanitarian from the industries in which registered professional sanitarians are employed; and (7) one registered professional sanitarian from the Department of Natural Resources. Each member of the board shall be a citizen of the United States and a legal resident of the State of Georgia. (b) The board shall meet annually and shall elect from its members a president and a vice-president and such other officers as the board may deem necessary. All officers shall be elected annually by the board for terms of one (1) year each or until their successors shall have been elected. The board may hold such other meetings during the year as may be necessary to transact its business. Five members of the seven board members shall constitute a quorum. (c) Each member of the board shall be entitled to receive the same compensation as provided for members of certain State

Page 1114

boards and commissions in section 4 of an Act providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. L. 1973, p. 701), as now or hereafter amended. Section 4. Said Act is further amended by adding following section 3 a new section to be designated section 3A, to read as follows: Section 3A. (a) There is hereby established an advisory council of twelve (12) members which shall consist at all times of one representative from each of the following organizations, agencies, professions or offices: Council created. (1) Georgia Environmental Health Association; (2) Georgia Public Health Association; (3) two (2) members from industries that employ registered professional sanitarians; (4) Georgia Department of Agriculture; (5) Georgia Department of Natural Resources; (6) Georgia Department of Human Resources (Environmental Health Training Office); (7) College of Agriculture of the University of Georgia; (8) Federal Environmental Protection Agency; (9) one doctor of veterinary medicine; (10) one mayor who is a member of the Georgia municipal Association; and (11) one county commissioner who is a member of the Association of County Commissioners of Georgia. (b) All advisory council members shall be appointed by the board for terms of three (3) years each. The board may remove

Page 1115

any member from the council for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct. Vacancies on the council may be filled by appointment by the board of a member to serve the remainder of the unexpired term. The council shall meet annually on the second Monday in September and elect a chairman, a vice-chairman and a secretary and shall meet at other times on call from the chairman or written demand of five members. There shall be at least one meeting annually with the board and such other joint meetings as deemed necessary by the board and the council. It shall be the duty of the council to advise the board concerning any and all matters coming within the purview of this Act and the enforcement thereof, which in the opinion of the board or the council, or both, shall be deemed necessary or expedient. The members of the council shall receive no compensation. Section 5. Said Act is further amended by striking section 4, which reads as follows: Section 4. The same jurisdiction, duties, powers and authority which the Joint Secretary, State Examining Boards, has with reference to other examining boards is hereby conferred upon him with respect to the State Board of Examiners for Registered Professional Sanitarians., and substituting in lieu thereof a new section 4, to read as follows: Section 4. (a) The board is authorized to (1) adopt and, from time to time, amend or repeal such rules and regulations consistent with the law, as may be necessary to enable it to carry into effect the provisions of this Act and to regulate the practice of registered professional sanitarians in conformity with accepted professional standards; Duties of Board. (2) upon request, review and recommend standards and curricula for educational programs preparing persons for licensure under this Act, and for continuing educational programs available to practicing registered professional sanitarians;

Page 1116

(3) upon request, provide for surveys of such programs at such times as it may be deemed necessary and to bring the registered professional sanitarian into the mainstream of all environmental programs within the State of Georgia; (4) upon request, review and recommend such programs as to meet the requirements of this Act and of the board; (5) examine, license, and renew licenses of duly qualified applicants for licensure as a registered professional sanitarian; (6) establish procedures whereby reciprocity may be granted; (7) conduct hearings upon charges calling for discipline of a licensee, or for the revocation, denial or suspension of a license; (8) keep records of all its proceedings; (9) make an annual report to the Governor; (10) have and use an official seal which shall bear the words `Georgia Board of Registered Professional Sanitarians'; (11) upon request, review and recommend job descriptions for registered professional sanitarians consistent with this Act and existing laws; (b) The same jurisdiction, duties, powers and authority which the Joint Secretary, State Examining Boards has with reference to other examining boards is hereby conferred upon him with respect to the Georgia Board of Registered Professional Sanitarians. Section 6. Said Act is further amended by adding following section 5 a new section to be designated section 5A, to read as follows: Section 5A. The board may issue a license to practice as a registered professional sanitarian by endorsement, without examination, to an applicant who has been duly licensed as a registered professional sanitarian under the laws of another State if, in the opinion of the board, the applicant possesses qualifications

Page 1117

comparable to those provided in this Act for licensure as a registered professional sanitarian. Reciprocity. Section 7. Said Act is further amended by adding following section 6 a new section to be designated section 6A, to read as follows: Section 64. (a) The fees for license as a registered professional sanitarian, whether such license be by examination or reexamination or endorsement, and the fees for renewal or reinstatement of such license, shall be as provided for applications for license in section 6 of an Act approved April 18, 1975 (Ga. L. 1975, p. 801), as now or hereafter amended. License Fees. (b) No refund of fees will be made. (c) The license of every person licensed under the provisions of the Act shall be renewed biennially except as hereinafter provided. Procedure for renewal shall be clearly defined by the board in rules and regulations promulgated by the board. (d) Renewal fee shall not be required as long as the registered professional sanitarian does not practice as such or is a resident of another State. Should the registered professional sanitarian wish to resume practice after a period of not practicing as such, or after residence out of Georgia, application should be made and the renewal fee paid. If the applicant has not practiced as a registered professional sanitarian for two (2) or more years just prior to his application for renewal he shall present, along with such application, a validation of successful completion of a board-approved refresher course or other specific training in environmental control. Section 8. Said Act is further amended by adding following section 6A a new section to be designated section 6B, to read as follows: Education. Section 6B. (a) An agency wishing to establish an education program at the college or university level in environmental health or control shall submit to the board a written plan of organization including the following:

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(1) the purposes and objectives of the program; (2) the composition, power, duties, and responsibilities of the governing body of the program; (3) the financial plan for operation; (4) the titles and duties of the members of the faculty and the qualifications of each; (5) the proposed curriculum and the plan for its administration; (6) the resources available, such as other agencies, etc., affiliated with or in connection with which the program will be conducted; (7) the standards to be met by the students; and (8) such other written evidence in accordance with the requirement for accreditation as prescribed by the board and set forth in rules and regulations adopted by the board. (b) The board shall cause to be conducted a general survey of the proposed educational program at the college or university level and facilities and a written report of the survey shall be submitted to the board which shall consider the application and take action at a regular or called meeting of the board. (c) Establishment of an education program at the college or university level in environmental health or control shall be contingent on a periodic review by the board as set forth in rules and regulations adopted by the board with the advice of the advisory council.', Section 9. Said Act is further amended by striking section 8 in its entirety, which reads as follows: Section 8. The license granted under this Act shall be valid from July 1 until the following June 30. Each license shall be renewed annually on or before July 1. Application for renewal of licenses shall be accompanied by the renewal fee of $3.00., Unlicensed practice regulated.

Page 1119

and substituting in lieu thereof a new section 8, to read as follows: Section 8. The practice as a registered professional sanitarian by any person who is not licensed under provisions of this Act, or whose license has expired or has been suspended or revoked, is hereby declared to be inimical to the public welfare and to constitute a public nuisance; provided, however, this section shall not apply to practice as a registered professional sanitarian by persons whose employment is not prohibited under the provisions of section 10(b) of this Act. The board may, in the name of the State through the Attorney General, or through the District Attorney, apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license or whose license has expired or has been suspended or revoked, from practicing as a registered professional sanitarian and upon the filing of a verified petition in such court, the court, if satisfied by affidavit, or otherwise, that such person is or has been practicing as a registered professional sanitarian without having been issued a license, or after his license has expired or has been suspended or revoked, may issue a temporary injunction enjoining the defendant from further practice as a registered professional sanitarian. The relief provided by this section shall be in addition to, and not in lieu of, all penalties and remedies otherwise provided by laws. Section 10. Said Act is further amended by striking section 10 in its entirety, which reads as follows: Section 10. No person shall be employed as or represent himself to be a `Registered Professional Sanitarian,' as defined herein, unless he holds a license under the provisions of this Act; provided, however, that this Act shall not prohibit the employment of a person who is a college graduate as defined in section 6 of this Act, as trainees to become a `Registered Professional Sanitarian,' or the employment of sanitary aides, inspectors, and similar employees., and substituting in lieu thereof a new section 10, to read as follows: Section 10. (a) No person shall be employed as or represent himself to be a `Registered Professional Sanitarian,' as defined

Page 1120

herein or use the abbreviations `RPS' or `RS'; unless he holds a license under the provisions of this Act. (b) This Act shall not prohibit (1) the employment of a sanitarian intern/trainee until completion of an officially recognized training program. Officially recognized training program means a training program covering specific environmental health and control subjects and instructions by or under supervision of recognized environmental control authorities; or (2) the practice of any legally qualified registered professional sanitarian of another state who is employed by the United States Government or any bureau, division, or agency thereof, while in the discharge of his or her official duties; (3) the employment of nonprofessional environmental health personnel; provided, that they will be under the direct superivision of a registered professional sanitarian or registered professional engineer; (4) the employment of qualified scientific-technical personnel by any State agency. Section 11. Said Act is further amended by striking section 11 in its entirety, which reads as follows: Section 11. Any person who is employed as a sanitarian or who is performing the duties of a sanitarian on the date this Act becomes law and is qualified in accordance with the provisions of section 6 hereof shall be granted a license as a `Registered Professional Sanitarian' upon payment of the prescribed application fee without the necessity of standing an examination. Any person who is so employed on the effective date of this Act but is not so qualified shall be granted a license as a `Registered Professional Sanitarian' when he shall have completed eight (8) years of on the job training and experience or shall have passed the prescribed examination and have completed not less than two years of on the job training. Application for licenses under this section shall be made within one year of the effective date of this Act, or within one year from the date the sanitarian becomes

Page 1121

eligible therefor; provided, however, that no license under this section shall be granted after July 1, 1965. Section 12. Said Act is further amended by striking section 13, which reads as follows: Section 13. Anyone who shall falsely represent himself to be a registered professional sanitarian or who shall accept or continue in the employment as such and perform the duties thereof without them being the holder of a valid license as provided for herein shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law., and substituting in lieu thereof a new section 13, to read as follows: Section 13. (a) It shall be unlawful for any person (including any corporation, agency, association or individual) to (1) sell or fraudulently obtain or furnish any registered professional sanitarian license, renewal or record or aid or abet therein. (2) practice as a registered professional sanitarian as defined by this Act under cover of any license or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation. (3) practice as a registered professional sanitarian as defined by this Act unless duly licensed to do so under provisions of this Act. (4) use in connection with his name any designation tending to imply that he is a registered professional sanitarian or hold himself out or otherwise represent himself as a registered professional sanitarian unless duly licensed so to practice under the provisions of this Act. (5) practice as a registered professional sanitarian during the time his license issued under the provisions of this Act shall have expired or shall have been suspended or revoked.

Page 1122

(6) establish an environmental health or control program or positions that may attempt to circumvent the requirements of this Act. (7) employ any person as a sanitarian trainee or as a sanitarian, who has not met the educational requirements for registration as a registered professional sanitarian under the provisions of this Act or who is not exempt from such requirements under the provisions of this Act. (8) be employed as a sanitarian trainee without having met the educational requirements for registration as a registered professional sanitarian under the provisions of this Act or without being exempt from such requirements. (9) otherwise violate any provisions of this Act. (b) Any person violating the provisions of subsection (a) shall be guilty of a misdemeanor and, upon conviction thereof, for a first offense shall be punished by a fine of not less than $500 nor more than $1,000, and for each subsequent offense shall be punished by a fine of $1,000 or by imprisonment for no more than one (1) year or by both fine and imprisonment. Section 13. Said Act is further amended by striking section 13A in its entirety, which reads as follows: Section 13A. It shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educational requirements for registration as a Registered Professional Sanitarian under the provisions of this Act or who is exempt from such requirements under the provisions of section 11 of this Act. No person shall hold himself out or otherwise represent himself as a sanitarian unless he holds a valid license as a Registered Professional Sanitarian in accordance with the provisions of this Act. Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977.

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BOARD OF ATHLETIC TRAINERS CREATED. No. 645 (House Bill No. 233). An Act to create the Georgia Board of Athletic Trainers and provide for the regulation and licensing of athletic trainers; to provide for definitions; to provide for members, officers, qualifications, duties, powers, authority, appointments, terms of office, oaths and vacancies; to provide for meetings; to provide for quorums; to provide for records; to provide for rules and regulations; to provide for examinations; to provide for licenses; to provide for expenses; to provide for fees; to prohibit certain acts; to provide for qualifications; to provide for applications; to provide for renewal of licenses; to provide for denial, suspension and revocation of licenses; to provide for practices and procedures; to provide for appeals; to provide for penalties; to provide for exceptions; to provide for an effective date; to provide for termination of the Board; to provide for the repeal of this Act; 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) Athletic Trainer means a person with specific qualifications, as set forth in section 9 of this Act, who, upon the advice and consent of his team physician, carries out the practice of prevention or physical rehabilitation, or both, of injuries incurred by athletes on the team by which the Athletic Trainer is employed, and in carrying out these functions the Athletic Trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to rehabilitation and treatment. The term athletic trainer shall not include any student, teacher or other person who serves as an athletic trainer for an elementary school or high school, either public or private, within this State. (b) Board means the Georgia Board of Athletic Trainers. (c) Joint Secretary means the Joint Secretary, State Examining Boards.

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Section 2. Georgia Board of Athletic Trainers. (a) The Georgia Board of Athletic Trainers, composed of three members, who shall be appointed by the Governor, and confirmed by the Senate, is hereby created. To qualify as a member a person must be a citizen of the United States and a resident of Georgia for five years immediately preceding appointment. Two members must be athletic trainers and one member must be a physician licensed by the State. (b) Except for the initial appointees, members shall serve for a term of office of six years. All terms shall expire on January 31 of even-numbered years. In making the initial appointments, the Governor shall appoint one member for a term expiring in 1978, one member in 1980, and one member for a term expiring in 1982. (c) Each appointee to the Board shall qualify by taking an oath of office within 15 days from the date of his appointment. On presentation of the oath, the Secretary of State shall issue commissions to appointees as evidence of their authority to act as members of the Board. (d) In the event of death, resignation, or removal of any member, the vacancy of the unexpired term shall be filled by the Governor in the same manner as other appointments. Section 3. Board Organization and Meetings. (a) The Board shall elect a chairman and a vice-chairman from its members for a term of one year, and may appoint such committees as it considers necessary to carry out its duties. (b) The Board shall meet at least twice each year. Additional meetings may be held on the call of the chairman or at the written request of any two members of the Board. (c) The quorum required for any meeting of the Board shall be two members. No action by the Board or its members shall have any effect unless a quorum of the Board is present at the meeting at which such action is taken. Section 4. Records. (a) The Joint Secretary shall keep a record of the Board's proceedings in a book maintained for that purpose.

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(b) The Joint Secretary shall keep a complete record of all licensed athletic trainers and shall prepare a roster showing the names and addresses of all licensed athletic trainers. A copy of the roster shall be made available to any person requesting it on payment of a fee established by the Board as sufficient to cover the costs of the roster. Section 5. Powers and Duties of the Board. (a) The Board is hereby authorized to promulgate and adopt rules and regulations consistent with this Act which are necessary for the performance of its duties. (b) The Board shall prescribe application forms for license applications. (c) The Board shall establish guidelines for athletic trainers in the State and prepare and conduct an examination for applicants for a license. (d) The Board shall adopt an official seal and the form of a license certificate of suitable design. Section 6. Compensation. Members of the Board shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their duties under this Act. Notwithstanding any other provision of this Act or other law, each member 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.

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Section 7. Fees. The Board shall from time to time determine, fix and collect examination fees for each examination taken, a licensing fee for each athletic trainer and the biennial renewal fee for such licenses. Section 8. Prohibited Acts. No person shall hold himself out as an athletic trainer or perform, for compensation, any of the activities of an athletic trainer as defined in this Act without first obtaining a license under this Act; provided, however, that nothing in this Act shall be construed to prevent any person from serving as a student-trainer, assistant-trainer, teacher-trainer or any similar position if such service is not primarily for compensation and is carried out under the supervision of a coach, physician, or a licensed athletic trainer. Section 9. Qualifications. (a) An applicant for an athletic trainer license must possess one of the following qualifications: (1) Have met the athletic training curriculum requirements of a college or university approved by the Board and give proof of graduation; or (2) Hold a degree in physical therapy (or corrective therapy) with at least a minor in physical education or health which included a basic athletic training course and have spent at least two academic years working under the direct supervision of an approved athletic trainer; or (3) Have completed at least four years beyond the secondary school level, while either as an undergraduate or graduate student, as an apprentice athletic trainer under the direct supervision of a licensed athletic trainer. Said four years must be consecutive years of supervision, military duty excepted. (b) An out-of-state applicant must fulfill one of the above stated qualifications, (a) (1), (2), or (3). The State of Georgia shall grant, without examination, a license to any qualified nonresident athletic trainer holding a license in another state if such other state recognizes licensees of the State of Georgia in the same manner.

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Section 10. Issuance of License. (a) An applicant for an athletic trainer's license must submit an application to the Board on forms prescribed by the Board and submit the examination fee required by this Act. (b) The applicant is entitled to an athletic trainer's license if he possesses the qualifications enumerated in section 9 of this Act, satisfactorily completes the examination administered by the Board, pays the license fee as set in section 7 of this Act, and has not committed an act which constitutes grounds for denial of a license under section 12 of this Act. Section 11. License Renewal. A license issued pursuant to this Act shall expire at a time to be determined by the Joint Secretary (with the consent of the Board). Licenses shall be renewed according to procedures established by the Board and payment of the renewal fee as set in section 7 of this Act. Section 12. Grounds for Denial, Suspension, or Revocation of License. The Board may refuse to issue a license to an applicant or may suspend or revoke the license of any licensee if he has: (a) Been convicted of a felony or misdemeanor involving moral turpitude, the record of conviction being conclusive evidence of conviction; or (b) Secured the license by fraud or deceit; or (c) Violated or conspired to violate the provisions of this Act or rules and regulations issued pursuant to this Act. Section 13. Procedures for Denial, Suspension, or Revocation of a License. (a) Any person whose application for a license is denied is entitled to a hearing before the Board if he submits a written request to the Board. (b) Proceedings for revocation or suspension of a license shall be commenced by filing charges with the Board in writing and under oath. The charges may be made by any person or persons. (c) The Joint Secretary shall fix a time and place for a hearing and shall cause a written copy of the charges or reason for denial

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of a license, together with a notice of the time and place fixed for hearing, to be served on the applicant requesting the hearing or licensee against whom the charges have been filed at least 20 days prior to the date set for the hearing. Service of charges and notice of hearing may be given by certified mail to the last known address of the licensee or applicant. (d) At the hearing the applicant or licensee has the right to appear either personally or by counsel, or both, to produce witnesses, and to have subpoenas issued by the Board and to cross-examine the opposing or adverse witnesses. (e) The Board is not bound by strict rules of procedure or by the laws of evidence in the conduct of the proceedings, but the determination shall be founded upon sufficient legal evidence to sustain it. (f) The Board shall determine the charges on their merits and enter an order in a permanent record setting forth the findings of fact and law and the action taken. A copy of the order of the Board shall be mailed to the applicant or licensee at his last known address by certified mail. (g) On application, the board may reissue a license to a person whose license has been cancelled or revoked, but the application may not be made prior to the expiration of a period of six months after the order of cancellation or revocation has become final, and the application shall be made in the manner and form as the Board may require. Section 14. Procedures for Appeal . (a) A person whose application for a license has been refused or whose license has been cancelled, revoked, or suspended by the Board may take an appeal, within 30 days after the order is entered to any court of competent jurisdiction. (b) A case reviewed under the provisions of this section shall proceed in the superior court by trial de novo. Appeal from the judgment of the superior court lies as in other civil cases. Section 15. Penalties. Any person who violates any provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

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Section 16. Issuance of Licenses on the Effective Date of This Act. (a) Any person actively engaged as an athletic trainer on the effective date of this Act shall be issued a license if he submits proof of five years of experience as an athletic trainer within the preceding 10-year period and pays the license fee required by this Act. (b) For the purposes of this section a person is actively engaged as an athletic trainer if he is employed on a salary basis by an educational institution, professional athletic organization, or other bona fide athletic organization for the duration of the institution's school year, or the length of the athletic organization's season, and performs the duties of athletic trainer as a major responsibility of his employment. Section 17. Exceptions. (e) Nothing herein shall be construed to authorize the practice of medicine by any person not licensed by the State Board of Medical Examiners. (b) The provisions of this Act do not apply to physicians licensed by the State Board of Medical Examiners; to dentists, duly qualified and registered under the laws of this State who confine their practice strictly to dentistry; nor to licensed optometrists who confine their practice strictly to optometry as defined by law; nor to occupational therapy; nor to nurses who practice nursing only; nor to duly licensed chiropodists or podiatrists, who confine their practice strictly to chiropody or podiatry as defined by law; nor to physical therapists who confine their practice to physical therapy; nor shall any provisions of this Act be construed so as to limit or prevent any person duly licensed under the laws of this State to practice the profession for which he or she was licensed. Section 18. Effective Date. Section 8 of this Act shall become effective on January 1, 1978. The remainder of this Act shall become effective upon approval by the Governor or upon becoming law without his approval and upon the appropriation of the necessary funds to implement the provisions of this Act. The existence of the Board shall terminate five years after the effective date of this Act, unless granted authority to continue in existence by the General Assembly. This Act shall stand repealed and be null and void on July 1, 1978.

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Section 19. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. TAX ASSESSORSREPORTING OF BUILDING PERMITS REQUIRED IN CERTAIN MUNICIPALITIES. No. 646 (House Bill No. 238). An Act to provide that the governing authorities of all municipalities, whose laws or ordinances provide for the issuance of building permits, which are wholly or partially located in counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, shall send copies of building permits issued within their respective municipalities to the board of tax assessors of such counties; to repeal a specific Act; to provide that this Act shall become effective on a certain date only under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of all municipalities, whose laws or ordinances provide for the issuance of building permits, which are wholly or partially located in counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, are hereby directed to send copies of all building permits of their respective municipalities, within 10 days of the date of issuance, to the board of tax assessors of such counties, for the use of said board in assessing the value of property as provided by law. Section 2. An Act entitled An Act to provide that the governing authorities in all municipalities, whose laws or ordinances provide for the issuance of building permits, located in counties of 300,000 or more according to the last or any future decennial United States census, and which has a joint city-county board of tax assessors, shall send within ten days of the date of issue,

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copies of the building permits issued in their respective municipalities, to said joint city-county board of tax assessors for use in assessing the value of property throughout the county as provided by law; and for other purposes., approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2813), is here repealed in its entirety, effective as specified in section 3 of this Act. Section 3. This Act shall become effective on July 1, 1977, only if an Act is adopted at the 1977 Session of the General Assembly and becomes law creating a board of tax assessors in all counties of this State having therein the greater part of a municipality with a population of more than 300,000 according to the United States decennial census of 1970 or any future such census. If such an Act is not adopted at said 1977 Session and does not become law, then this Act shall be null, void and of no force and effect. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. DISPOSITION OF WEAPONS USED IN CRIMEMOTOR VEHICLES EXCEPTED. No. 647 (House Bill No. 248). An Act to amend an Act providing for the confiscation and destruction or sale or delivery to the State Department of Archives or the State Department of Public Safety of any weapon used in the commission of a crime or the attempt to commit a crime against any person, approved April 18, 1967 (Ga. L. 1967, p. 749), as amended, so as to provide for the confiscation and destruction or sale or delivery of weapons used in the commission of the crime of carrying a concealed weapon; 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 the confiscation and destruction or sale or delivery to the State Department of Archives or the State Department of Public Safety of any weapon used in the commission of a crime or the attempt to commit a crime against any person, approved April 18, 1967 (Ga. L. 1967, p. 749), is hereby amended by striking, following the words commit any crime against any person in the first sentence of section 1 of said Act, the following: is, and inserting in lieu thereof the following: and any weapon for which a person has been convicted of the crime of carrying a concealed weapon, as provided for by Code section 26-2901, are, and by striking from said sentence, after the words contraband and, the following: is, and inserting in lieu thereof the following: are, so that when so amended, section 1 shall read as follows: Section 1. Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person and any weapon for which a person has been convicted of the crime of carrying a concealed weapon, as provided for by Code section 26-2901, are hereby declared to be contraband and are forfeited. For the purposes of this Act, a motor vehicle shall not be deemed to be a weapon or device and shall not be contraband or forfeited under the provisions hereof; provided, however, this exception shall not be construed to prohibit the seizure, condemnation and sale of motor vehicles used in the illegal transportation of alcoholic beverages as provided by the laws of this State. Section 2. All laws and parts of laws in conflict with this Actare hereby repealed. Approved March 30, 1977.

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INCOME TAX OF EXEMPT ORGANIZATIONSDEATH BENEFITS PAID ARE DEDUCTIBLE, ETC. Code Ch. 92-31 Amended. No. 648 (House Bill No. 255). An Act to amend Code Chapter 92-31, relating to imposition, rate and computation of and exemption from income taxes, as amended, so as to authorize the deduction by certain exempt organizations of death benefits in connection with the tax on unrelated business income; to provide for a deduction of a portion of certain net gain which is currently included in Georgia taxable income but excluded from federal taxable income; to provide for other matters relative to the foregoing; to provide for severability; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-31, relating to imposition, rate and computation of and exemption from income taxes, as amended, is hereby amended by adding at the end of subsection (c) of Code section 92-3105 the following: Provided, however, if an organization is exempt under section 501 (c) (4) of the United States Internal Revenue Code of 1954, as amended, and such organization makes payments of death benefits as a result of the death of a member of such organization and such payments have been made by such organization for at least five years prior to January 1, 1977, such payments shall be deductible from the unrelated business income tax which might be owed by such organization. The payment of such death benefits shall not operate to generate a rebate or a refund. If the amount of death benefits paid within the taxable year exceeds the unrelated business income tax owed for the same taxable year, such excess may be carried forward for a period of five years., so that when so amended subsection (c) of Code section 92-3105 shall read as follows.

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(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, Provided, however, if an organization is exempt under section 501 (c) (4) of the United States Internal Revenue Code of 1954, as amended, and such organization makes payments of death benefits as a result of the death of a member of such organization and such payments have been made by such organization for at least five years prior to January 1, 1977, such payments shall be deductible from the unrelated business income tax which might be owed by such organization. The payment of such death benefits shall not operate to generate a rebate or a refund. If the amount of death benefits paid within the taxable year exceeds the unrelated business income tax owed for the same taxable year, such excess may be carried forward for a period of five years. Section 2. Said Code Chapter is further amended by inserting a new sentence at the end of paragraph (6) of subsection (b) of Code section 92-3102, to read as follows: A corporation having a net gain which is not recognized for federal income taxation under the provisions of section 337 of the Internal Revenue Code of 1954 but which is added to Georgia taxable income hereunder, shall be allowed a deduction of one-half of such net gain but not more than one-half of the amount which would be treated under the Internal Revenue Code of 1954 as the excess of the net long-term capital gain for the taxable year over the net short-term capital loss for such year if it were not for the provisions of section 337 of said Code. Section 3. In the event any provisions or application of section 1 of this Act is declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect section 2 or any other section of this Act which shall remain of full force and effect as if section 1 were not originally a part hereof. In the event any provision or application of section 2 of this Act is declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect section 1 or any other section of this Act which

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shall remain of full force and effect as if section 2 were not originally a part hereof. In the event any provision or application of either section 1 or section 2 of this Act is declared or adjudged invalid or unconstitutional, the General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to all taxable years beginning after such effective date, except that section 2 shall apply to all tax years ending on or after January 1, 1977. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. TEACHERS' RETIREMENTCOVERAGE CHANGED. No. 649 (House Bill No. 260). An Act to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the provisions relative to the definition of teacher as applied to regional and county librarians and clerical personnel of such libraries; 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 establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking from subsection (5) of section 1 the following sentences:

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The word `teacher' shall also include regional and county librarians and clerical personnel employed by such libraries. The employer's share on such retirement shall be paid from local funds on all salary amounts which are not paid from State fund., and inserting in lieu thereof the following sentences: Except as hereinafter provided, the word `teacher' shall also include librarians and clerical personnel employed by regional and county libraries. Any of such librarians and clerical personnel who were members of a local retirement system on January 1, 1977, may elect to remain members of such local retirement system and shall not be required to become members of the retirement system created by this Act, or if currently members of the retirement system created by this Act, may withdraw from such membership. The election provided for herein must be made, in writing, to the Board of Trustees by not later than January 1, 1978. Any of such librarians and clerical personnel failing to so notify the Board of Trustees by said date shall be members of the retirement system created by this Act. The employer contributions for such librarians and clerical personnel who are or who become members of the retirement system created by this Act, as provided herein, shall be paid from local funds on all salary amounts of such librarians and clerical personnel which are not paid from State funds. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. COUNTY AIRPORT AUTHORITY ACT. No. 650 (House Bill No. 272). An Act to create County Airport Authorities in certain counties of this State and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft, which shall include

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related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to acquire, own and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities, including real property; to declare the need for such Airport Authorities; to provide for activation of such Airport Authority by county resolution; to confer powers and to impose duties on each such Authority; to provide for the membership and for the appointment of members of each such Authority and their term of tenure and compensation; to authorize such Authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to confer powers and impose duties on each Authority; to authorize the issuance of revenue bonds or obligations of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority, including but not limited to earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations or to secure the payment thereof by contract, mortgage, deed to secure debt, security deed note or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against any county in which such Authority is created shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities or obligations of such Authority exempt from taxation; to authorize the issuance of refunding bonds, securities or other obligations validated as authorized by the Revenue Bond Law, approved February 14, 1957 (Ga. L. 1957, p. 36), as amended, amending the law known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended; to authorize the Authority to exercise the power of condemnation; 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:

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Section 1. Short Title . This Act may be cited as the County Airport Authority Act. Section 2. Determination of Need for Authorities . It is hereby determined and declared that the need to accommodate the present and projected rapid growth in commercial and private air traffic in certain counties of the State, the need for adequate airports to safely and efficiently serve the air transportation needs of the State through these counties, the need to eliminate airport hazards, the need to raise large amounts of capital for the establishment, operation and maintenance of present and future airports, and the need to coordinate the operation of various airports within certain counties requires that Airport Authorities be established in certain counties of the State. It is further determined and declared that the establishment of such Authorities is necessary and essential to insure the welfare, safety and convenience of citizens of the entire State and to insure the proper economic development of the entire State. Section 3. Creation of County Airport Authorities, Activation of Airport Authorities by County Resolution . There is hereby created a County Airport Authority in all counties in this State having a population of not less than 29,000 inhabitants or more than 31,000 inhabitants, according to the United States Decennial Census of 1970 or any future such census. The official name of such Authority, individually referred to elsewhere in this Act as the Authority, shall be the name of the county followed by the words County Airport Authority. The Authority hereby created shall be an instrumentality and political subdivision of the State of Georgia and a public corporation. The Authority 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, except that the Authority or the trustee acting under the trust indenture herein provided for shall in no event be liable for any torts committed by any of the officers, agents and employees of the Authority. The Authority shall have perpetual existence. Provided, however, that such Authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the county by proper resolution shall declare at any time hereafter that there is need for an Authority to function in such county.

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Section 4. Members of the Authority; Terms; Successors; Vacancies in Office . (a) Members. The Authority shall be originally composed of the following five members: (1) One member shall be the chairman of the governing body of the county; (2) Four members may be appointed: one by the governing body of the county; one each by the cities of Aragon, Cedartown and Rockmart. Members of the Authority shall not be members of the governing bodies of the county or cities. (b) Terms. The initial appointed members shall be appointed for the following terms and until their successors are appointed: (1) One member appointed by the governing authority of the City of Cedartownfour years. (2) One member appointed by the governing authority of the City of Rockmart - three years. (3) One member appointed by the governing authority of the City of Aragontwo years. (4) One member appointed by the governing authority of the countyone year. (5) The chairman or the sole commissioner of the governing authority shall serve ex officio for a term concurrent with his term of office. (c) Successors. Thereafter, all appointed members shall be appointed for terms of four years each and until their successors are appointed. The term of the ex officio member shall continue so long as he shall hold the position by virtue of which he serves as a member of the Authority, and any person who succeeds to such position shall automatically succeed such ex officio member as an ex officio member of the Authority. (d) Vacancies in Office. In the event of a vacancy on the Authority by reason of death, resignation or otherwise, the vacancy shall be filled in the same manner as the original

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membership on the Authority, and the person so appointed shall serve for the remainder of the unexpired term. Section 5. Meetings. The Authority shall hold its first regular meeting after passage of a resolution by the governing authority of the county, as provided for in section 3 of this Act, and the first regular meeting of each year thereafter shall be in July. The Authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in July of each year thereafter, the Authority shall elect one of its members as its chairman and another member as secretary-treasurer. Only one person shall hold the office of secretary-treasurer. These officers shall be elected for a term ending on June 30 of the year following the year in which they were elected or until their successors are elected and qualified. Five members of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall receive no compensation for their services. They shall be reimbursed, however, for all actual expenses incurred in the performance of their duties. Section 6. Definitions. As used in this Act, unless the context in which they are used requires otherwise, the following terms shall have the following meanings: (a) The term airport means any area of land or water or any structure which is or has been used, or which the Authority may plan to use, for the landing and taking off of commercial, private and military aircraft, including helicopters, and all buildings, equipment, facilities or other property and improvements of any kind or nature located within the bounds of any such land or water area or structure which are or have been used or which the Authority may plan to use for terminal facilities, facilities of any types for the accommodation of passengers, maintenance, servicing and operation of aircraft business offices and facilities of private businesses and governmental agencies, parking of automobiles, and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private and military aircraft, and all buildings, equipment, facilities and other property and improvements of any kind or nature located outside the bounds of any such land

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or water area or structure which is or has been used or which the Authority plans to use for the landing and taking off of commercial, private and military aircraft which are necessary for the safe operation of aircraft. (b) The term airport hazard means any structure, terrain or object of natural growth, or use thereof which obstructs the airspace required for the flight, landing or taking off of aircraft to or from an airport, or any other thing that is hazardous to the flight, landing or taking off of aircraft to or from an airport. (c) The term county means the county for which an Authority is created pursuant to section 3 of this Act. (d) The term project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improvement and operation of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquisition of the necessary property, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such airports and landing fields for the use of aircraft, deemed by the Authority to be necessary, convenient or desirable. (e) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary by the project, the cost of machinery, equipment, financing charges, interest prior to and during construction, the cost of engineering, architectural, fiscal and legal expenses, and the cost of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, and the placing of the same operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority including the proceeds from any revenue bonds issued under the provisions of this Act for any such project or projects.

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(f) The terms revenue bonds, bonds, and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law, approved February 14, 1957 (Ga. L. 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized in this Act. (g) 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 cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 7. Powers. The Authority shall have the following powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchise necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or disposition of, the same in any manner it deems to be the best advantage of the Authority; (d) To appoint, select and employ officers, agents and employees including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensation;

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(e) To make contracts; leases and to execute all instruments necessary or convenient, including contracts for construction of projects or lease of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable. The said Authority is further granted the authority to make contracts and leases, and to execute all instruments necessary or convenient, with the United States Government or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in section 21 of this Act; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency, instrumentality or other source may impose, (h) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency, instrumentality or political subdivision or any other source may impose; (i) To borrow money for any of its corporate purposes, to execute evidences of such indebtedness and to secure the same, and

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to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any powers usually possessed by private corporations performing similar functions, which are not in conflict with the Constitution and laws of this State; (k) The Authority and the trustee acting under the trust indenture are specifically authorized to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein, not required in the normal operation of the Authority and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in section 2 and section 21 hereof; (l) To do all things necessary or convenient to carry out the powers especially given in this Act. Section 8. Revenue Bonds. The Authority, or any authority or body which has succeeded, or which may in the future succeed, to the powers, duties and liabilities vested in the Authority created hereby, shall have the power, and is hereby authorized, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the Authority, shall be payable semiannually, shall mature at such time or times not exceeding forty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redemmable before maturity at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to, and in conformity with, the Revenue Bond Law, approved February 14, 1957 (Ga. L. 1957, p. 36), amending the law formerly known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended. All

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procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 9. Form Denominations, Registration, Place of Payment. The Authority shall determine the form of the bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both. The Authority may make provisions for the registration of any coupon bond, as to principal alone, or to both the principal and interest. Section 10. 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 attested by the Secretary-Treasurer of the Authority, and the official seal of the Authority shall be affixed thereto. Any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary-Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as shall be duly authorized or hold the proper office, at the actual time of the execution of such bonds, although such persons may not have been so authorized or shall not have held such office on the date of delivery and payment of such bonds. Section 11. Negotiability, Exemption from Taxation. All revenue bonds issued under the provisions of this Act shall have, and are hereby declared to have, all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the State.

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Section 12. Sale, Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority. Section 13. Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may be issued in like manner to provide the amount of any deficit for the cost of the project or projects, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purposes. 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 a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. Section 14. Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority, under like restrictions, may issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 15. Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 16. Conditions Precedent to Issuance, Object of Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the Authority by a majority vote of the quorum as provided in this Act.

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Section 17. Credit not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the county in which said Authority is created. Such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds. All such bonds shall contain recitals on their face substantially covering the foregoing provisions of this section. Section 18. Trust Indenture as Security. In the discretion of the Authority any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including convenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set

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forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 19. To Whom Proceeds of Bonds Shall Be Paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the Authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolutions or trust indentures may provide. Section 20. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued, and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund. Said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying interest and principal, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in

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such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 21. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may protect and enforce, either at law or in equity, by suit, action, mandamus, or other proceedings, any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging and collecting of revenues, fees, tolls and other charges for the use of the facilities and services furnished. Section 22. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of revenue refunding bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 23. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law. The petition for validation shall also make any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be

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issued and sought to be validated, a party-defendant to such action. Such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said Airport Authority. Section 24. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of the county in which the Authority is created, 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 original jurisdiction of such actions. Section 25. 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 adversely affect the interest and rights of the holders of such bonds, and no other entity, department, agency or authority shall be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority and 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. Section 26. Monies Considered Trust Funds. All monies received pursuant to the authority of this Act whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

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Section 27. Purpose of Authority. Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, improving and operating airports and landing fields for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority to be necessary, convenient or desirable for, and incident to, the efficient and proper development and operation of such types of undertakings. Section 28. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe, fix and collect rates, fees, tolls and charges, and to revise, from time to time, and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, and in anticipation of the collection of the revenues and income of such undertakings or projects. Section 29. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. Section 30. Powers Declared Supplemental and Additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 31. Liberal Construction of Act. This Act, being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia, and of those counties establishing an Authority under this Act, shall be liberally construed to effect the purposes hereof.

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Section 32. Eminent Domain. Through the use and power of eminent domain, the Authority shall have the right, power, privilege and authority to condemn real property, rights-of-way or easements for the purpose of carrying out the provisions of this Act. Any such condemnation shall be conducted in accordance with the laws of this State. Section 33. Jurisdiction. All property, the title to which shall vest in said Authority, shall be subject to the jurisdiction of the county wherein such property shall lie. Section 34. Effect of Partial Invalidity of Act. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. Section 35. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 36. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. AD VALOREM TAXCERTAIN HOMES FOR THE AGED EXEMPTED. No. 651 (House Bill No. 291). An Act to exempt from ad valorem taxation the 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

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organizations under the United States Internal Revenue Code of 1954, section 501(c)(3), as amended, and section 92-3105, as amended, of the Georgia Code of 1933, and are subject to the laws of the State of Georgia regulating nonprofit and charitable corporations; to provide definitions; to waive the collection of ad valorem taxes on certain nonprofit homes for the aged property; to provide relief for officers and employees of the State of Georgia, its counties or municipalities or political subdivisions of the State of Georgia under certain conditions; to provide that the exemption herein granted is cumulative and not in derogation of relief granted by other laws; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby exempted from ad valorem taxation the property of nonprofit 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(c)(3), as amended, and section 92-3105, as amended, of the Georgia Code of 1933, and are subject to the laws of the State of Georgia regulating nonprofit and charitable corporations. Section 2. The term home for the aged shall mean a facility which provides residential services or health care services, or both, to the aged. Section 3. The property exempted hereby shall not include property of a home for the aged held primarily for investment purposes, or used for purposes unrelated to the providing of residential or health care to the aged. Section 4. This Act shall also apply to ad valorem taxes heretofore or hereafter claimed or assessed on the property described herein but which have not been collected before the effective date hereof. Such collection is hereby waived, and all officers and employees of the State of Georgia or of any municipality, county or other political subdivision of the State of Georgia are hereby relieved from any responsibility for such collection.

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Section 5. The provisions hereof are cumulative and independent of any exemption, waiver, or other relief from taxes given by other laws to nonprofit homes for the aged described herein. Section 6. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. MALT BEVERAGE TAX ACT AMENDED. No. 652 (House Bill No. 300). An Act to amend an Act entitled An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes., approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, particularly by an Act approved March 30, 1937 (Ga. L. 1937, p. 148), an Act approved December 13, 1937 (Ga. L. 1937-38, Ex. Sess., p. 173), an Act approved March 24, 1939 (Ga. L. 1939, p. 101), an Act approved July 30, 1949 (Ga. L. 1949, Ex.

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Sess., p. 5), an Act approved February 20, 1951 (Ga. L. 1951, p. 356), an Act approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 23), and an Act approved January 30, 1964 (Ga. L. 1964, p. 60), so as to authorize the Revenue Commissioner to issue refunds or credits for malt beverage taxes paid by wholesalers under certain conditions; to amend an Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. L. 1937, p. 851), as amended by an Act approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 185), by an Act approved March 27, 1941 (Ga. L. 1941, p. 234), an Act approved February 20, 1951 (Ga. L. 1951, p. 356), an Act approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 22), an Act approved March 24, 1969 (Ga. L. 1969, p. 111), and an Act approved March 27, 1972 (Ga. L. 1972, p. 397), so as to provide an exemption from taxes for certain wines; to amend an Act entitled 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 authorize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufactures, distillers, or wholesalers under certain conditions; to provide for the reimbursement of any wholesaler bearing the cost of stamps for which a refund or credit is subsequently granted; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes., approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, particularly by an Act approved March 30, 1937 (Ga. L. 1937, p. 148), an Act approved December 13, 1937 (Ga. L. 1937-38, Ex. Sess., p. 173), an Act approved March 24, 1939 (Ga. L. 1939, p. 101), an Act approved July 30, 1949 (Ga. L. 1949, Ex. Sess., p. 5), an Act approved February 20, 1951 (Ga. L. 1951, p. 356), an Act approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 23), and an Act

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approved January 30, 1964 (Ga. L. 1964, p. 60), is hereby amended by adding to the second sentence in section 5 of said Act, the following: and provided further, the State Revenue Commissioner may issue refunds or credits for malt beverage taxes paid by or due from the wholesaler when it can be shown to the Commissioner's satisfaction that any of the following events have occurred: (a) Malt beverages have been received by the wholesaler through an error in shipment and such malt beverages are returned to the shipper prior to any sale by the wholesaler in Georgia. (b) Malt beverages, ordered by the wholesaler, have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area. (c) Malt beverages have been received by the wholesaler, which are unfit for consumption upon receipt and such malt beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in Georgia. (d) Malt beverages destroyed while in the possession of a Georgia wholesaler by act of God, such as fire, flood, lightning, wind or other natural calamity., so that when so amended the second sentence of section 5 shall read as follows: Provided, there shall be no excise tax on sales of malt beverages sold to persons outside this State, for resale or consumption outside of this State, nor upon sales of malt beverages sold to stores or canteens located on United States military posts or reservations and provided further, the State Revenue Commissioner may issue refunds or credits for malt beverage taxes paid by or due from the wholesaler when it can be shown to the Commissioner's satisfaction that any of the following events have occurred: (a) Malt beverages have been received by the wholesaler through an error in shipment and such malt beverages are

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returned to the shipper prior to any sale by the wholesaler in Georgia. (b) Malt beverages, ordered by the wholesaler, have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area. (c) Malt beverages have been received by the wholesaler, which are unfit for consumption upon receipt and such malt beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in Georgia. (d) Malt beverages destroyed while in the possession of a Georgia wholesaler by act of God, such as fire, flood, lightning, wind or other natural calamity. Section 2. An Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. L. 1937, p. 851), as amended by an Act approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 185), by an Act approved March 27, 1941 (Ga. L. 1941, p. 234), an Act approved February 20, 1951 (Ga. L. 1951, p. 356), an Act approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 22), an Act approved March 24, 1969 (Ga. L. 1969, p. 111), and an Act approved March 27, 1972 (Ga. L. 1972, p. 397), is hereby amended by adding at the end of section 3 a new paragraph to read as follows: The State Revenue Commissioner may issue refunds or credits for wine taxes paid by the wholesaler when it can be shown to the Commissioner's satisfaction that any of the following events have occurred: (1) Wines have been received by the wholesaler through an error in shipment and such wines are returned to the shipper prior to any sale by the wholesaler in Georgia. (2) Wines ordered by the wholesaler have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area. (3) Wines have been received by the wholesaler which are unfit

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for consumption upon receipt and such wines are returned to the shipper or destroyed prior to any sale by the wholesaler in Georgia. (4) Wines have been sold by the wholesaler for delivery and consumption outside the State of Georgia, provided that such sale and delivery shall in all respects comply with regulations promulgated by the Commissioner to control such sales for delivery and consumption outside the State of Georgia. (5) Wines destroyed while in the possession of a Georgia wholesaler by act of God, such as fire, flood, lightning, wind, or other natural calamity. Section 3. 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 at the end of section 11 of said Act a new subsection (f), to read as follows: (f) The State Revenue Commissioner shall be authorized to issue refunds or credits for stamps purchased by a manufacturer, distiller, or wholesaler when it can be shown to the Commissioner's satisfaction that any of the following events have occurred: (1) Distilled spirits, ordered by the wholesaler, have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area, or (2) Distilled spirits have been destroyed while in the possession of a Georgia wholesaler by an act of God, such as fire, flood, lightning, wind or other natural calamity. It is further provided that any manufacturer, distiller, or wholesaler receiving a refund or credit for stamps purchased as provided herein, in every case where the cost of the stamps have been charged to or paid by a wholesaler, shall refund or credit to such wholesaler an amount equal to the credit or refund allowed by the Commissioner.

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. TEACHERS' RETIREMENTCERTAIN COLLEGE AND UNIVERSITY PERSONNEL TO BE ELIGIBLE. No. 653 (House Bill No. 310). An Act to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to make it possible for custodial and maintenence employees in State colleges and universities to be eligible for membership with the Teachers' Retirement System by removing the present prohibition on membership in the law; to remove the prohibition in the present law against giving employees of the State colleges and universities who become members of the Teachers' Retirement System prior service credit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking from subsection (5) of section 1 the following: Teacher' shall also include any person employed and paid by the Board of Regents of the University System of Georgia, not less than half time, with the exception of emergency or temporary employees and with the exception of maintenance and custodial employees, and the board of trustees shall determine whether any particular employee is a maintenance or custodial employee: Provided, that any employee qualified as a `teacher'

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under the terms of this sentence shall not be entitled to any prior service credit for service rendered prior to being included in the system., and substituting in lieu thereof the following: Teacher' shall also include any person employed and paid by the Board of Regents of the University System of Georgia, not less than half time, with the exception of emergency or temporary employees and with the exception of maintenance and custodial employees employed prior to July 1, 1978, who elect not to qualify as a `teacher' under the terms of this sentence, provided, that the board of trustees shall determine whether any particular employee is a maintenance or custodial employee. Section 2. This Act shall not become effective until the General Assembly shall appropriate the necessary funds to carry out the provisions of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. PEACE OFFICERSCAMPUS POLICEMEN GRANTED ARREST POWERS, ETC. No. 654 (House Bill No. 366). An Act to grant to certain campus policemen employed by public or private colleges and universities in this State certain law enforcement powers, including the power of arrest; to provide definitions; to provide qualifications and training requirements for campus policemen exercising such law enforcement powers; to provide for the payment of the cost of training and certifying campus policemen; to provide for exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, unless the context otherwise requires, the term Definitions.

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(1) campus means the grounds and buildings owned or occupied by a college or university. (2) college or university means an accredited, non-proprietary public or private educational institution of higher learning located in this State. (3) campus policeman means an employee of a college or university whose duties include the enforcement of the laws of this State; the preservation of public order; the protection of life and property; the prevention, detection or investigation of crime; or any combination thereof. Section 2. On the campus of a college or university, a campus policeman employed by such college or university who is certified in accordance with the provisions of section 3 of this Act when authorized by the college or university shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such campus. Powers. Section 3. As a condition precedent to the exercise of law enforcement powers pursuant to section 2, a campus policeman must be certified by the Georgia Peace Officer Standards and Training Council as having met the qualifications and having completed the basic training requirements for a peace officer under the provisions of the Georgia Peace Officer Standards and Training Act, as now or hereafter amended. All costs incurred in such certification and training shall be paid by the college or university employing the campus policeman. The provisions of this Act are permissive and shall not require the certification by the Georgia Peace Officer Standards and Training Council of campus policemen. The certification by the Georgia Peace Officer Standards and Training Council of a campus policeman does not require that the campus policeman so certified exercise the powers provided in section 2. Training. Section 4. A campus policeman exercising the power of arrest pursuant to the provisions of an Act providing campus policemen and other security personnel of the University System of Georgia with arrest powers for offenses committed upon

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university system property, approved March 10, 1966 (Ga. L. 1966, p. 370), as now or hereafter amended, shall be exempt from the provisions of this Act. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. TAX COLLECTORSETTLEMENT AND REPORTING DUTIES OF CERTAIN COUNTIES CHANGED (30,000 OR MORE). Code Ch. 92-49 Amended. No. 655 (House Bill No. 380). An Act to amend Code Chapter 92-49, relating to the duties of the tax collector, as amended, so as to delete the requirement as to when counties having a population of 30,000 or more shall make settlements of amounts due the State; to delete the requirement that tax collectors in counties having a population of 30,000 or more shall make weekly reports to the State Revenue Commissioner of taxes collected; to delete the requirement as to when counties having a population of less than 30,000 shall make settlements of amounts due the State; to delete the requirement that tax collectors in counties having a population of less than 30,000 shall make reports every two weeks to the State Revenue Commissioner of taxes collected; to provide for the monthly remittance of State taxes collected by the tax collector; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-49, relating to the duties of the tax collector, as amended, is hereby amended by deleting Code section 92-4909, relating to the requirement as to when counties

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having a population of 30,000 or more shall make settlements of amounts due the State, as amended, in its entirety. Section 2. Said Code Chapter is further amended by deleting Code section 92-4911, relating to the requirement that tax collectors in counties having a population of 30,000 or more shall make weekly duplicate reports to the State Revenue Commissioner and the county authorities of taxes collected, in its entirety and inserting in lieu thereof a new Code section 92-4911, to read as follows: 92-4911. Weekly report by tax collector in county of 30,000 or more population. The tax collector in each county having a population of 30,000 or more shall make a weekly report to the county authorities of the aggregate amount of taxes collected during said week, naming separately the amount collected for the State and the amount collected for the county, and shall swear that the same is a correct report of the taxes collected. Section 3. Said Code Chapter is further amended by deleting Code section 92-4912, relating to the requirement as to when counties having a population of less than 30,000 shall make settlements of amounts due the State, in its entirety and inserting in lieu thereof a new Code section 92-4912, to read as follows: 92-4912. Monthly remittances of State taxes to the State Revenue Commissioner. The tax collector of each county shall pay over at least once a month all State taxes which he has collected to the State Revenue Commissioner. Said monthly payment shall be made on or before the 15th day of each calendar month. Provided, however, a tax collector may pay over such State taxes on a more frequent basis than once a month, if said tax collector so desires. Section 4. Said Code Chapter is further amended by deleting Code section 92-4914, relating to the requirement that tax collectors in counties having a population of less than 30,000 shall make duplicate reports every two weeks to the State Revenue Commissioner and the county authorities of taxes collected, in its entirety and inserting in lieu thereof a new Code section 92-4914, to read as follows:

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92-4914. Report by tax collector in county of less than 30,000 population. The tax collector in each county having a population of less than 30,000 shall make a report every two weeks to the county authorities of the aggregate amount of taxes collected during said period, naming separately the amount collected for the State and the amount collected for the county, and shall swear that the same is a correct report of the taxes collected. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. NONPROFIT BINGO LICENSING ACT. No. 656 (House Bill No. 410). An Act to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games; to provide a licensing procedure; to require fees; to provide for and regulate the operation of bingo games; to require annual reports and to provide for their contents; to provide for revocation of licenses; to provide a right of access for certain law enforcement agents; to prohibit certain contracts; to prohibit certain activities; to provide for rules and regulations; to provide for penalties; 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. Definitions. As used in this Act:

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(a) Bingo games or nonprofit bingo games means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares. Such words, terms or phrases, as used in this subsection, shall be strictly construed to include only that series of acts generally defined as bingo and shall exclude all other activity. (b) Commissioner means the State Revenue Commissioner. (c) Operate, operated or operating means the direction, supervision, management, operation, control or guidance of activity. Section 2. Operation of bingo games; license required. Any provision of the law to the contrary notwithstanding, no nonprofit tax exempt organization shall be permitted to operate a bingo game until the Commissioner issues a license to the organization authorizing it to do so. In the event of any controversy concerning whether or not certain activity constitutes bingo for which a license may be issued, the decision of the State Revenue Commissioner shall control. The license described in this Act is in addition to and not in lieu of any other licenses which may be required by the State of Georgia or any political subdivision thereof, and no bingo game shall be operated until such time as all requisite licenses have been obtained. Section 3. Licensing procedures; application; fee; renewal. Any nonprofit tax exempt organization desiring to obtain a license to operate bingo games shall make application to the Commissioner on forms prescribed by the State Department of Revenue and shall pay an annual fee of $100.00. No license shall be issued to any nonprofit tax exempt organization unless such organization has been in existence for 24 months immediately prior to the issuance of the license. Renewal applications for each calendar year shall be filed with the Commissioner by such organization and shall be on a form prescribed by the State Department of Revenue. All licenses to operate bingo games shall be prominently displayed within the premises where the bingo games are conducted.

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Section 4. Operation of bingo games; place where held. Bingo games shall be operated only on premises owned by the nonprofit tax exempt organization operating the bingo game, on property leased by the nonprofit tax exempt organization and used regularly by that organization for purposes other than the operation of a bingo game, or on property leased by the nonprofit tax exempt organization operating the bingo game, from another nonprofit tax exempt organization. Section 5. Age restriction to play or conduct bingo games. No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any license issued under this Act unless accompanied by an adult. No person under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of bingo conducted pursuant to any license issued under this Act. Section 6. Annual report to be filed with the Commissioner. On or before April 15 of each year every nonprofit tax exempt organization engaged in operating bingo games shall file with the Commissioner a report disclosing all receipt and expenditures relating to the operation of bingo games in the previous year. Said report shall be in addition to all other reports required by law. Said report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection. Section 7. Revocation of licenses; access to premises by law enforcement agents. The Commissioner shall have the specific authority to revoke any license for any violation of the provisions of this Act or for any violation of any rule or regulation promulgated hereunder. Any licensee accused of violating any provision of this Act or of any rule or regulations promulgated hereunder shall be entitled, unless waived, to a hearing on the matter of the alleged violation. Agents appointed by the Commissioner, any State law enforcement officer and agents of local law enforcement agencies are empowered and authorized to enter upon the premises of any organization engaged in the operating of a bingo game at any time for the purpose of inspecting said premises and shall have the authority to seize and take possession of all property which is declared contraband. In addition, said

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agents shall have access during such inspection to all books, records and supplies relating to the operation of the bingo game. Section 8. Certain contracts prohibited; prohibited activities. (a) No nonprofit tax exempt organization shall enter into any contract with any individual, firm, association or corporation to have such individual, firm, association or corporation operate bingo games on behalf of the nonprofit tax exempt organization. It is the intention of the General Assembly that only nonprofit tax exempt organizations which are properly licensed pursuant to this Act shall be allowed to operate bingo games. (b) A nonprofit tax exempt organization shall not lend its name or allow its identity to be used by any individual, firm, association or corporation in the operating or advertising of a bingo game in which said nonprofit tax exempt organization is not directly and solely operating said bingo game. (c) It shall be unlawful for two or more nonprofit tax exempt organizations which are properly licensed pursuant to this Act to operate bingo games jointly or to operate bingo games upon the same premises during any 18 hour period. (d) It shall be unlawful for two or more nonprofit tax exempt organizations which are properly licensed pursuant to this Act to pyramid the valuation of prizes in such a manner as to exceed the limits in cash or gifts of equivalent value as provided in Art. I, sec. II, Par. XI of the Constitution of the State of Georgia. The term equivalent value shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game. (e) No person or organization by whatever name or composition thereof shall take any salary, expense money or fees for the operation of any bingo game, except that not more than $15.00 per day may be paid to one or more individuals for assisting in the conduct of such games on such day. Section 9. Rules and regulations. The Commissioner is hereby authorized to promulgate rules and regulations which he deems necessary for the proper administration and enforcement of the provisions of this Act.

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Section 10. Penalty. Any person who operates a bingo game without a valid license issued by the Commissioner as provided in this Act, or who operates a bingo game on premises not authorized by this Act and any person who knowingly aids, abets or otherwise assists in the operation of a bingo game for which a license has not been obtained as provided in this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $500.00 nor more than $1,000.00 or confined for a period of not less than one month nor more than 12 months or both. Any person who commits any such violation after having previously been convicted of any violation of the provisions of this Act shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or by a fine not to exceed $10,000, or both. Section 11. Onetime license for certain organizations to play bingo. Notwithstanding the other provisions of this Act, the Commissioner upon written application shall be authorized to issue a onetime license to a nonprofit tax exempt school which will allow it to operate a bingo game one day annually, shall have the power in such cases to waive the license fee provided for in section 3, in such cases waive the annual report provided for in section 6 and otherwise promulgate rules and regulations to carry out the provisions of this section. 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 14. Expiration date. This Act shall stand repealed and be null and void on July 1, 1978. Section 15. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. PENSIONSMUNICIPAL EMPLOYEES IN CERTAIN COUNTIESREFUNDS CHANGED. No. 657 (House Bill No. 421). An Act to amend an Act approved August 20, 1927 (Ga. L. 1927, pp. 265, et seq.), providing that cities having a certain population shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, particularly by an Act approved March 8, 1945 (Ga. L. 1945, p. 999), and by an Act approved April 9, 1963 (Ga. L. 1963, p. 3061), so as to change the provisions relating to the refund of amounts paid into the pension fund; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved August 20, 1927 (Ga. L. 1927, pp. 265, et seq.), providing that cities having a certain population shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, particularly by an Act approved March 8, 1945 (Ga. L. 1945, p. 999), and by an Act approved April 9, 1963 (Ga. L. 1963, p. 3061), is hereby amended by adding at the end of section 8 of said 1945 Act the following: In the event that a member dies after retirement, and either before or after receiving retirement payments, the named beneficiary, or the member's estate in the absence of a named beneficiary, shall receive a refund in an amount equal to the amount such member paid into said pension fund less the total amount received by such member or beneficiary in retirement benefits.,

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so that when so amended, section 8 shall read as follows: Section 8. A member may designate someone, whether related to him or not, who would be entitled to a refund of the amount he has paid into the pension fund if such member should die before retirement, and in the event he does not name a person to whom a refund is to be made, such refund shall be made to his estate. In the event that a member dies after retirement, and either before or after receiving retirement payments, the named beneficiary, or the member's estate in the absence of a named beneficiary, shall receive a refund in an amount equal to the amount such member paid into said pension fund less the total amount received by such member or beneficiary in retirement benefits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved MArch 30, 1977. CABLE TELEVISIONUNLAWFUL TO AVOID PAYMENT. No. 659 (House Bill No. 446). 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), as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 1179), so as to include cable television services (CATV) within the provisions 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 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), as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 1179), is hereby amended by adding in section 1, between

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the words telegraph service and the words or for the transmission, the following: or cable television service (CATV), so that when so amended, section 1 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 cable television service (CATV) 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. 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. Approved March 30, 1977. SHERIFFSQUALIFICATIONS CHANGED, ETC. Code 24-2801 Amended. No. 660 (House Bill No. 498). An Act to amend Code section 24-2801, relating to election, qualification, term of office, etc., of sheriffs, so as to provide legislative intent; to specify qualifications of sheriffs; to provide the method and procedure for determination of the qualifications for one who offers to be elected to the office of sheriff; to provide for training of duly elected sheriffs; to provide for

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other matters relative to the foregoing; to provide for an effective date, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2801, relating to election, qualification, term of office, etc., of sheriffs, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code section 24-2801, to read as follows: 24-2801. Election, qualification, term of office, etc. (a) The General Assembly declares it to be in the best interest of the citizens of the State of Georgia that qualifications and standards of the office of sheriff be determined and set so as to improve both the capabilities and training of those persons who hold the office of sheriff. With the increase of crime continuing as a major social problem in the State of Georgia and with the understanding that the sheriff is the basic law enforcement officer of the several counties of this State, it is hereby declared to be the intent of the General Assembly that proper qualifications and standards be required of the person holding the office of sheriff so as to increase the effectiveness and capabilities of the several sheriffs of this State as a law enforcement officer to combat crime. (b) Except as otherwise provided in this section, sheriffs are elected, qualified, commissioned, hold their officer for the same term, and are subject to the same disabilities as the clerks of the superior courts. (c) (1) No person shall be eligible to hold the office of sheriff who does not have all of the following qualifications: (A) Be a citizen of the United States. (B) Be a resident of the county in which he seeks the office of sheriff for at least two years prior to his qualifying for the election to the office. (C) Be a registered voter. (D) Have obtained the age of at least 25 years prior to the date of his qualifying for the election to the office.

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(E) Have obtained a high school diploma or its recognized equivalent in educational training. (F) Have not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this State, or any other state, or the United States. (G) Be fingerprinted and a search made of local, State and national fingerprint files to disclose any criminal record, said fingerprints to be taken under the direction of the Judge of the Probate Court, and must be taken on or before, but no later than, one hour following the close of qualification for election to the office of sheriff. (H) Give a complete history of his places of residence for a period of six years immediately preceding qualification date giving house number or RFD number, street, city, county and state. (I) Give a complete history of his places of employment for a period of six years immediately preceding qualification date giving period of time employed, name and address of employer. (2) Each person offering his candidacy for the office of sheriff shall swear or affirm before the Judge of the Probate Court, at the time for qualifying, that he has, or meets, all of the qualifications required pursuant to the provisions of this subsection. (d) From and after January 1, 1980, no person shall be eligible to hold the office of sheriff unless such person, in addition to the qualifications set forth in subsection (c) of this section, shall meet one of the following: (1) Be a certified police officer as defined in the Georgia Peace Officers Standard and Training Act within six months after taking office. (2) Possess a two-year degree or its equivalent from a college or university. (3) Have two years of college or two years' experience in the law enforcement field.

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(4) Have two years of educational training in police enforcement field. (e) From and after January 1, 1980, every newly elected sheriff in his first term shall be required to complete a training session of no less than six weeks to be conducted by any academy certified by the Georgia Peace Officer Standards and Training Council as may be selected by the Georgia Sheriff's Association. This training shall be completed during the first calendar year of the first term of the newly elected sheriff's term of office. Any newly elected sheriff who is unable to attend this training course when offered because of medical disability or providential cause, shall within one year from the date such disability or cause terminates, complete the Standard Basic Course of Instruction required of police officers. Any newly elected sheriff who does not fulfill the obligations of this section shall lose his power of arrest. (f) From and after January 1, 1980, no person shall be eligible to hold the office of sheriff unless he attends a minimum of 20 hours' training annually as may be selected by the Georgia Sheriff's Association. Any person who does not fulfill this obligation shall lose his power of arrest. (g) The requirements of subparagraphs (D), (E) and (H) of paragraph (1) of subsection (c), and the requirements of subsections (d) and (e), shall be deemed to have been met by any person who shall have served as a duly qualified and elected sheriff of one of the several counties of this State for a period of two years. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977.

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STATE PARKSCERTAIN USES PROHIBITED. No. 664 (House Bill No. 590). An Act to amend an Act relating to 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), an Act approved April 6, 1972 (Ga. L. 1972, pp. 1015, 1052), and an Act approved March 31, 1976 (Ga. L. 1976, p. 1160), so as to provide for certain definitions; to provide that certain acts shall be unlawful; to provide for penalties in connection therewith; to provide for civil penalties and certain misdemeanors as a means of enforcing laws and regulations in State parks, recreational areas and historic sites; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to 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), an Act approved April 6, 1972 (Ga. L. 1972, pp. 1015, 1052), and an Act approved March 31, 1976 (Ga. L. 1976, p. 1160), is hereby amended by deleting subsections (2) and (3) of section 9B in their entirety and inserting in lieu thereof sixteen new subsections to read as follows: (2) It shall be unlawful for any person, in any manner, to mark on, deface, injure, displace, dig, excavate, remove or construct on any real or personal property on any park or historic site, except when done with special written permission granted by the Commissioner of Natural Resources or his authorized representative. (3) It shall be unlawful for any person to drive a vehicle on any roads in a park or historic site in excess of thirty-five miles per hour. It shall also be unlawful for any person to drive a vehicle in excess of fifteen miles per hour within two hundred feet of

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an intensive-use area in a park or historic site. As used herein the term `vehicle' shall mean any wheeled conveyance for the transportation of persons or materials. As used herein, `intensive-use area' shall mean a picnic area, a beach or pool area, a check-in station, or a camping or cabin area. (4) It shall be unlawful for any person to have or use a privately owned boat on any of the following State Park Lakes: (a) A. H. Stephens Lake (b) Amicalola Falls Lake (c) Black Rock Mountain Lake (d) Fort Mountain Lake (e) Franklin D. Roosevelt-Lake Delano (f) Magnolia Springs Lake (20 acres) (g) John D. Tanner Lake (the 24 acre lake) provided that it shall be unlawful in this instance from May 1 through Labor Day of each year (h) Unicoi Lake (i) Willaway Inlet of Fort Yargo Lake (25 acres). (5) It shall be unlawful to use a boat with any type of motor on the following State Park Lakes: (a) Magnolia Springs Lake (lower lake-20 acres) (b) Unicoi Lake (c) Nillaway Inlet of Fort Yargo Lake (25 acres).

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(6) It shall be unlawful for any person to have or use a boat with other than an electric motor on the following State Park Lakes: (a) Amicalola Falls Lake (b) Black Rock Mountain Lake (c) James H. `Sloppy' Floyd Lake (d) Fort Mountain Lake (e) Franklin D. Roosevelt-Lake Franklin (f) John D. Tanner Lake (the 12 acre lake). (7) It shall be unlawful for any person to use a boat with a motor which is neither electric nor ten horsepower or less on the following State Park Lakes: (a) Fort Yargo Lake (b) Hamburg Lake (c) Hard Labor Creek Lake (d) High Falls Lake (e) Indian Springs Lake (f) Kolomoki Mounds Lake (g) Stephen C. Foster Lake (h) Laura S. Walker Lake (between 7 a.m. and 11 a.m., and between 6 p.m. EST and sunset). (8) It shall be unlawful for any person to fish in waters of any park or historic site, except for boat fishing between the hours of 7 a.m. and sunset, and bank fishing between the hours of 7 a.m. and 10 p.m. It shall also be unlawful to fish in waters of any park

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or historic site which have been closed and posted by the Department of Natural Resources for fisheries management purposes. (9) It shall be unlawful to fish commercially or to buy or sell fish caught in the waters of any park or historic site. (10) It shall be unlawful to fish with any device other than a pole and line, or rod and reel in the waters of any park or historic site, except with the written permission of the Commissioner of said Department or his authorized representative. (11) It shall be unlawful to hunt, trap or otherwise pursue or catch any wildlife in any park or historic site. It shall also be unlawful to shoot into a park or historic site from beyond the boundaries of such park or historic site. (12) It shall be unlawful for any intoxicated person to enter or remain on any park or historic site. It shall also be unlawful for any person to consume or use alcoholic beverages or intoxicants in any public use area of a park or historic site. As used herein, `public use area' shall not include cabins, rooms, trailers, tents and conference facilities which facilities are rented for exclusive use by one individual or group. (13) It shall be unlawful for any person to use in any park or historic site any electronic device for the detection of metals, minerals, artifacts, lost articles or for treasure hunting. (14) It shall be unlawful for any person to use or possess in any park or historic site any fireworks, firearms, explosives, firecrackers, bows and arrows (except within areas restricted for such use), spring guns, air rifles, Slingshots, or any other device which discharges projectiles by any means, unless unloaded, cased and stored so as not to be readily accessible. (15) It shall be unlawful to refuse to leave a park or historic site after violating any law or regulation of the Board of Natural Resources promulgated pursuant to this Act and after being so directed by an authorized representative of the Department of Natural Resources. (16) As used in this section, the term `park or historic site' shall mean a park or historic site which is operated by or for and

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is under the custody and control of the Department of Natural Resources. (17) Any person who violates any of the provisions of this section shall be guilty of criminal trespass and, upon conviction thereof, shall be punished as for a misdemeanor. Section 2. Said Act is further amended by adding a new section between sections 9B and 10, to be designated section 9C, and to read as follows: Section 9C. Civil Penalties. Any person who violates any provisions of this Act, or the provision of any law administered by the Department concerning parks and historic sites, or any regulations or orders promulgated and administered thereunder, shall be liable civilly for a penalty in an amount of up to $1,000 for each and every violation thereof, said civil penalty to be recoverable by a civil suit brought in the name of the Commissioner by the district attorney of the county in which the alleged violator resides. The Commissioner, on his motion, may, or upon complaint of any interested party charging a violation, shall refer the matter directly to the district attorney of the county in which the violator resides. The proceeds from all civil penalties arising from enforcement of said laws, regulations and orders shall be used, except as otherwise provided herein, first, to pay the proper officers of the trial court as prescribed by law. The money remaining after said officers have been compensated shall be remitted promptly by the clerk of the court in which the case is disposed of to the county treasurer of the county in which said civil penalty is assessed, who shall deposit said funds in the general fund of the county, but to be allocated to the said county school board for school purposes. The clerk of the court in which each case is disposed shall promptly make a written report to the Department of Natural Resources, showing the disposition of each case; for making each report, he shall be entitled to an additional fee of $1.00 in each case, unless otherwise prohibited by law, to be added to the costs allowed by law against the defendant, to be retained by said clerk as his special compensation for making such report. The civil penalty prescribed in this provision shall be concurrent, alternative and cumulative with any and all other civil, criminal or alternative rights, remedies, forfeitures or penalties provided, allowed or available to the Department of

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Natural Resources with respect to any violation of the laws administered by said Department and any regulations or orders promulgated and administered thereunder. Penalties. 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 30, 1977. PEACE OFFICERSEXAMINATIONS PROVIDED FOR CANDIDATES. No. 665 (House Bill No. 596). 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. 886), an Act approved April 13, 1973 (Ga. L. 1973, p. 539), an Act approved April 18, 1975 (Ga. L. 1975, p. 567), an Act approved April 24, 1975 (Ga. L. 1975, p. 1165), an Act approved March 5, 1976 (Ga. L. 1976, p. 395), and an Act approved April 7, 1976 (Ga. L. 1976, p. 1684), so as to provide for the development, adoption, modification and administration of examinations for peace officer candidates employed by law enforcement units of this State; to provide for the adoption of criteria for determining satisfactory performance on such examinations; to provide that peace officers who do not comply with the provisions of this Act shall not be authorized to exercise the powers of law enforcement officers generally and particularly shall not be authorized to exercise the power of arrest; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. L.

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1970, p. 208), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 886), an Act approved April 13, 1973 (Ga. L. 1973, p. 529), an Act approved April 18, 1975 (Ga. L. 1975, p. 567), an Act approved April 24, 1975 (Ga. L. 1975, p. 1165), an Act approved March 5, 1976 (Ga. L. 1976, p. 395), and an Act approved April 7, 1976 (Ga. L. 1976, p. 1684), is hereby amended by striking subsection (i) of section 8 in its entirety and inserting in lieu thereof the following subsection: (i) Successfully complete a job-related academy entrance examination provided for and administered by the Georgia Peace Officer Standards and Training Council in conformity with State and Federal law. Such examination shall be administered prior to entrance to the basic course provided for in section 9 and section 10 of this Act. The Council may change or modify such examination and shall establish the criteria for determining satisfactory performance on such examination. Peace Officers who do not perform satisfactorily on the examination shall be ineligible to retake such examination for a period of six (6) months after an unsuccessful attempt. Section 2. Said Act is further amended by adding a new subsection immediately following subsection (i) of section 8 of this Act to be designated subsection (j) of section 8, to read as follows: (j) The provisions of subsection (i) of section 8 of this Act establish only the minimum requirements of academy entrance examinations for peace officer candidates in this State; each law enforcement unit is encouraged to provide such additional requirements and any pre-employment examination as it deems necessary and appropriate. Section 3. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15, to read as follows: Section 15. Any peace officer so employed who does not comply with the provisions of this Act shall not be authorized to exercise the powers of law enforcement officers generally and particularly shall not be authorized to exercise the power of arrest. The Peace Officer Standards and Training Council is

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hereby authorized to bring a civil action against any peace officer who does not comply with the provisions of this Act to enjoin such peace officer from performing any and all functions of a peace officer, including the power of arrest, until such officer shall meet the certification or registration requirements of this Act. The Peace Officer Standards and Training Council is hereby authorized to bring a civil action against any law enforcement unit which numbers among its employed or appointed peace officers any peace officer who fails to meet the certification or registration requirements of this Act to enjoin such law enforcement unit from allowing such peace officer to perform any and all peace officer functions, including exercising the power of arrest, until such time as such peace officer shall comply with the certification or registration requirements of this Act. Section 4. Section 1 of this Act shall become effective January 1, 1978. Prior to January 1, 1978 the Georgia Peace Officer Standards and Training Council shall develop and adopt an academy entrance examination required by section 8 (i) of the Georgia Peace Officer Standards and Training Act which is provided by section 1 of this Act. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. BOAT SAFETY ACT AMENDEDEQUIPMENT REQUIRED, ETC. No. 666 (House Bill No. 626). An Act to amend an Act known as the Georgia Boat Safety Act, approved April 19, 1973 (Ga. L. 1973, p. 1427), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p. 1632), so as to provide certain definitions; to specify the manner of display of numbers and decals; to require certain lifesaving devices and fire extinguishers; to require certain lights; to establish certain boating safety zones; to limit the size

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of motors on certain waters; to require accident reports; to provide for rules of the road for boat traffic; to authorize the adoption of ordinances by political subdivisions under certain circumstances; to make interference with arrest unlawful; 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 Boat Safety Act, approved April 19, 1973 (Ga. L. 1973, p. 1427), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p. 1632), is hereby amended by deleting in its entirety the present subsection (g) of section 3 and substituting in lieu thereof a new subsection (g), to read as follows: Definitions expanded. (g) Operate means to navigate or otherwise use a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery., and by adding two new subsections to section 3 following the present subsection (m) to be designated subsection (n) and subsection (o), to read as follows. (n) `Nonmotorized vessel' means any vessel other than a sailboat, which has no motor attached in a manner to make it readily available for operation. (o) `Mechanically propelled vessel' means, for the purpose of determining fire extinguisher requirements, those vessels propelled by machinery using a volatile liquid for fuel. Section 2. Said Act is further amended by deleting the third, fourth, and fifth sentences of subsection (a) of section 6, so that when so amended said subsection (a) shall read as follows: (a) Application. The owner of each vessel required to be numbered by this Act shall file an application for number with the Department on forms approved by it. Upon receipt of the application in approved form, the Department shall enter the same upon its records and issue to the applicant a certificate of number stating the number assigned to the vessel, the name and address

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of the owner and such additional information as may be prescribed by the Department. Numerals. Section 3. Said Act is further amended by redesignating subsections (b) through (m) of section 6 as subsections (c) through (n), respectively, and by inserting a new subsection (b) of section 6 following the present subsection (a), to read as follows: (b) Display of Numbers and Decals. (1) The identification number assigned to all registered vessels must be permanently painted or attached to each side of the forward half of the vessel, and no other number may be displayed thereon. Numbers must read from left to right, be in block characters, be of a color contrasting with the background, and be not less thsn 3 inches in height or more than 1 inch apart. There shall be a hyphen or space between the prefix letters and numerals and between the numerals and the suffix letters. The hyphen or space shall be equal to the width of any letter except I. Display of numerals. (2) On vessels so configured that a number on the hull or superstructure would not be easily visible, the number must be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number will be clearly visible under normal operating conditions. (3) The numbers shall be maintained in a legible condition. (4) Vessels owned by manufacturers or dealers and being used as demonstrators or for testing, may use the dealer's tag supplied with his registration in lieu of permanently attached number. (5) The decal assigned to all registered vessels must be displayed on the left side of the bow preceding the prefix letters. There shall be a hyphen or space separating the decal and the prefix letters. The hyphen or space shall be equal to the width of any letter except I. Section 4. Said Act is further amended by striking from subsection (a) of section 8 the following: Class 3 40 feet or more in length.,

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and inserting in lieu thereof the following: Class 3 40 feet or over and not more than 65 feet in length. Section 5. Said Act is further amended by deleting the present subsection (d) of section 8 and substituting in lieu thereof a new subsection (d), to read as follows: (d) Lifesaving Devices. (1) Every vessel shall be equipped with the following number and type of personal flotation devices: Flotation devices. (A) Every Class A vessel shall carry aboard, at all times, at least one Type I, II, III or IV personal flotation device for each person on board. (B) Every Class 1, 2 and 3 vessel shall carry aboard, at all times, at least one Type I, II or III personal flotation device for each person on board. In addition to the individual personal flotation device, each vessel of Class 1, 2 and 3 must carry at least one Type IV (throwable) device. (2) No person may use a vessel upon the water of this State unless the personal flotation devices as required herein are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the Coast Guard approved number and are of an appropriate size for the occupant of the vessel for whom it is intended. Section 6. Said Act is further amended by deleting in its entirety the present subsection (e) of section 8 and substituting in lieu thereof a new subsection (e), to read as follows: (e) Fire Extinguishers: (1) Every mechanically propelled Class A and Class 1 vessel, constructed so as to have enclosed areas which permit entrapment of gasses or vapors, shall carry aboard one Type B-I Coast Guard approved hand portable fire extinguisher unless there is a Coast Guard approved fixed fire extinguishing system installed in the machinery space. When such a fixed fire extinguishing system is installed in the machinery space, no hand portable fire extinguisher will be required. Fire extinguishers.

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(2) Every mechanically propelled Class 2 vessel, regardless of construction, shall carry aboard two (2) Type B-I or one (1) Type B-II Coast Guard approved hand portable fire extinguisher. When a Coast Guard approved fixed fire extinguishing system is installed in the machinery space, one less Type B-1 hand portable fire extinguisher is required. (3) Every mechanically propelled Class 3 vessel, regardless of construction, shall carry aboard three (3) Type B-I or one (1) Type B-I and one (1) Type B-II Coast Guard approved hand portable fire extinguisher. When a Coast Guard approved fixed fire extinguishing system is installed in the machinery space, one less Type B-1 hand portable fire extinguisher is required. (4) The carriage of any dry stored pressure fire extinguishers not fitted with pressure gauges or indicating devices or any vaporizing liquid fire extinguishers containing carbon tetrachloride, chlorbomethane, or any other toxic vaporizing liquids is prohibited. Section 7. Said Act is further amended by adding a new section following the present section 10 to be designated section 10A, to read as follows: Section 10A. Lights. Lights on vessels operated within this State fall into two categories: those for vessels using Inland Waters (water of this State), and regulations for vessels using International Waters (coastal waters). Vessels equipped to meet International Waters requirements may operate on any waters; however, vessels equipped to meet Inland Waters requirements are restricted to inland waters. Lights. (a) Inland Waters (waters within the State) Requirements: (1) All nonmotorized vessels being operated during hours of darkness or low visibility shall have ready at hand a white light which shall be displayed in time to prevent collision. (2) All motorized Class A and Class 1 vessels being operated during hours of darkness or low visibility shall display a 32 point white stern light visible for a distance of 2 miles, plus a 20 point

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combination red and green light on the bow, visible for a distance of 1 mile and displayed lower than the white stern light. (3) All motorized Class 2 and 3 vessels being operated during hours of darkness or low visibility shall display a 20 point white light on the bow visible for a distance of 2 miles, plus a 32 point white light on the stern fixed higher than the white light forward and visible for a distance of two miles, plus separate 10 point red and green side lights fitted with inboard screens to keep the lights from showing across the bow and visible for a distance of one mile. (4) Class A and Class 1 vessels equipped with sail only or sail and motor, when under sail only while being operated during hours of darkness or low visibility, shall display a 20 point combination red and green light on the bow visible for a distance of 1 mile, plus a 12 point white stern light visible for a distance of 2 miles. (5) Class 2 and Class 3 vessels equipped with sail only or sail and motor, when under sail only while being operated during the hours of darkness or low visibility, shall display separate 10 point red and green side lights, properly screened and visible for a distance of at least 1 mile, plus a 12 point white stern light visible for a distance of at least 2 miles. (6) When any vessel is being powered by sail and motor both, that vessel shall carry the same lights as those required for power alone. (b) International Waters (Coastal) Requirements: (1) All motorized Class A, Class 1 and Class 2 vessels being operated during the hours of darkness or low visibility shall display either a 20 point combination red and green light on the bow, or else 10 point red and green side lights properly screened and visible for a distance of at least 1 mile, plus a 20 point white light displayed in the fore part of the vessel and visible for a distance of 3 miles 3 feet above the combination or side lights, plus a 12 point white stern light visible for a distance of at least 2 miles.

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(2) All motorized Class 3 vessels when operated during the hours of darkness or low visibility shall display either a 20 point combination red and green light on the bow or else 10 point red and green side lights properly screened and visible for a distance of 1 mile, plus a 20 point white light in the fore part of the vessel displayed 9 feet above the gunwales and 3 feet higher than the colored lights and visible for a distance of 3 miles plus a 12 point white stern light visible for at least 2 miles. (3) All Class A, Class 1 and Class 2 vessels equipped with sail and motor when operating under power during hours of darkness or low visibility shall display either a 20 point combination red and green light on the bow or else 10 point red and green side lights properly screened and visible for 1 mile, plus a 20 point white light in the fore part of the vessel at least three feet higher than the colored lights and visible for a distance of 3 miles, plus a 12 point white stern light visible for a distance of 2 miles. (4) All Class 3 vessels equipped with sail and motor when operating under power during hours of darkness or low visibility shall display either a 20 point combination red and green light on the bow or else 10 point red and green side lights properly screened and visible for a distance of 2 miles, plus a 20 point white light in the fore part of the vessel at least 9 feet above the gunwale and three feet higher than the colored lights and visible for a distance of 2 miles, plus a 12 point white stern light visible for a distance of 2 miles. (5) All sailboats of Class A, Class 1 and Class 2 when operated under sail only during the hours of darkness or low visibility, shall display a 20 point combination red and green bow light visible for a distance of 1 mile, or 10 point red and green side lights properly screened and visible for a distance of 1 mile, plus a 12 point white stern light visible for a distance of 2 miles. (6) All sailboats of Class 3, when operated under sail only during the hours of darkness or low visibility shall display a 20 point combination red and green bow light visible for a distance of 1 mile, or 10 point red and green side lights properly screened

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and visible for a distance of 1 mile, plus a 12 point white stern light visible for a distance of 2 miles. (7) Sailing vessels may carry on top of the foremast two 20 point lights in a vertical line one over the other and separated so as to be clearly distinguished. The upper light shall be red and the lower light green. (c) Vessels at Anchor. All vessels at anchor, except those anchored or moored within marinas or other designated anchorages, shall display a 32 point white stern light during hours of darkness or low visibility. (d) During the hours of darkness or low visibility, no other lights which may be mistaken for those prescribed shall be exhibited. Section 8. Said Act is further amended by adding five new subsections following the present subsection (b) of section 11 to be designated subsections (c), (d), (e), (f) and (g), to read as follows: (c) Boating Safety Zones. The following are hereby established as Boating Safety Zones: Safety zones. (1) the ocean waters adjacent to Jekyll Island which shall include all those waters for a distance of 1,000 feet from the High Water mark on Jekyll Beach from the northernmost point to the southernmost point of Jekyll Island. (2) the ocean waters adjacent to Savannah Beach which shall include all those waters for a distance of 1,000 feet from High Water Mark on Savannah Beach from the northernmost to the southernmost point of Savannah Beach. (3) the ocean waters adjacent to Saint Simons Island which shall include all those waters for a distance of 1,000 feet from the High Water Mark on Saint Simons Island from the northernmost point to the southernmost point of Saint Simons Island. (4) the ocean waters adjacent to Sea Island which shall include all those waters for a distance of 1,000 feet from the High

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Water Mark on Sea Island from the northernmost point to the southernmost point of Sea Island. (d) Within the boundary of a boating safety zone, it shall be unlawful at any time to launch, float or operate any power boat except lifesaving emergency or law enforcement craft. Power boat is hereby defined as `any boat, vessel or water-going craft which is propelled by mechanical, rather than manual means, whether or not such propulsion device forms an integral part of the structure thereof.' (e) To identify and facilitate the observance of this safety zone, the Department shall have buoys of appropriate size and type placed along the offshore boundary in such fashion as to form a line paralleling the high water mark at a distance of 1,000 feet therefrom and spaced not more than one-fourth (1/4) of a mile apart. (f) No motor in excess of 10 horsepower shall be used on any vessel being operated on Lake Tugalo. (g) With the exception of law enforcement officials, no motor in excess of 9.9 horsepower shall be used on any vessel being operated on the Ogeechee River from the point where it crosses State Highway No. 119 to its point of origin. Section 9. Said Act is further amended by deleting in its entirety the present subsection (c) of section 12 and substituting in lieu thereof a new subsection (c), to read as follows: (c) Accident Reports Required. (1) All boating accidents must be reported to the Department within 48 hours of the accident if: Accident reports. (A) a person dies within 24 hours as a result of the accident; (B) a person is disabled for more than 24 hours; (C) a person requires medical treatment for injuries; (D) a person disappears from a vessel.

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(2) Reports of boating accidents must be made within 5 days if not earlier required by the preceding paragraph. (3) Accident reports must be on forms supplied by the Department which must be filled out in their entirety and dated and signed by the person submitting the report. Reports must contain at a minimum the following information: (A) name, address and telephone number of each operator of each vessel involved; (B) number and name of each vessel involved; (C) name, address and telephone number of each owner of each vessel involved; (D) name of the nearest city or town, the county, the state, and the body of water on which the accident occurred; (E) the location of the accident on the water; (F) the time and date of the accident; (G) visibility, weather and water conditions; (H) age, date of birth, vessel operating experience and boat safety training of the operator making the report; (I) the number of persons on board or towed on skis by each vessel; (J) the name, address and date of birth of each person fatally injured; (K) the cause of death of each; (L) the name and address of each owner of property involved (other than vessel or boat); (M) the availability and use of personal flotation devices; (N) the type of fire extinguisher used;

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(O) the nature and extent of each injury resulting from this accident; (P) a description of all property and vessel damage within an estimated cost of repairs; (9) a description of any equipment failures that caused or contributed to the accident; (R) a description of the accident; (S) an opinion of the cause of the accident; (T) the make, model, type, hull identification number, beam width, length, horsepower and type of motor, hull material and year built, of the reporting operator's vessel. Section 10 . Said Act is further amended by striking in its entirety the present section 15A and substituting in lieu thereof a new section 15A, to read as follows: Section 15A. Rules of the Road for Boat Traffic. (a) Meeting Situation. When two vessels are approaching head-on or nearly so, it shall be the duty of each operator to alter his course to the right or starboard, if necessary, in order to provide sufficient clearance to pass the other vessel on the port or left side. Speed shall be reduced by both vessels in order to avoid unnecessary wake. Neither vessel shall have the right-of-way in such situations. Traffic rules. (b) Crossing Situations. Any vessel approaching another within a zone from dead ahead to two (2) points abaft the starboard beam is the privileged vessel and shall have the right-of-way. The other vessel shall be the burdened vessel and shall give way to starboard so as to cross the course of the privileged vessel at her stern. (c) Overtaking Situations. When one vessel is overtaking another, the overtaking vessel shall be the burdened vessel, and it shall be the duty of the operator of that vessel to stay clear of the vessel being overtaken, passing to the left or port side of the privileged vessel when the way is clear.

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(d) Encountering Sailing Vessels. Except when overtaking another vessel, sailing vessels shall be the privileged vessel, and other vessels shall give way to such vessels. (e) Operating in Channels, Streams or other Narrow Bodies of Water. It shall be the duty of each operator to keep his vessel to the starboard or right side of the center of any channel, stream or other narrow body of water. (f) Approaching Anchored and Other Nonpowered Vessels. Powered vessels approaching nonpowered vessels shall reduce their speed so that their wake shall not endanger the life or property of those occupying the nonpowered vessel. (g) Approaching Bends, Points and Other Blind Spots. Whenever a vessel approaches a bend, point or other blind area, it shall be the duty of the operator to: (1) move as far to the right or starboard as possible; (2) reduce speed to allow for an unexpected stop if necessary; (3) sound a blast of 8 to 10 seconds' duration on a sounding device if such a device is carried. Section 11 . Said Act is further amended by striking the present subsection (b) of section 18 and substituting in lieu thereof a new subsection (b), to read as follows: (b) Any political subdivision may at any time, but only after approval by the Department upon a showing of necessity because of unusual or special circumstances, adopt any ordinance or local law relating to the operation and equipment of vessels on any waters within its territorial limits which are more stringent than those provided for in this Act. Local rules. Section 12 . Said Act is further amended by adding a new subsection following the present subsection (d) of section 23 to be designated subsection (e), to read as follows: (e) Interference with Arrest. It shall be unlawful for any person to resist or interfere by force, menace, threat or in any other manner, with any arrest for violation of any provision of this Act. It shall also be unlawful for any person to refuse to go with any law enforcement officer of this State after such an arrest has been

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made or to interfere with such officer in the performance of his duty. Resisting arrest. Section 13 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective Date. Section 14 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. PAWN BROKERSRECORDS REQUIRED. No. 667 (House Bill No. 633). An Act to provide definitions; to require that pawnbrokers maintain permanent records of business transactions; to specify the content and form of such records; to provide for the inspection of said records by duly authorized law enforcement officers; to provide for punishment for failure to comply with this Act; to provide for a minimum period of time to maintain records; to provide that local laws are not superseded; 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 . The following words and terms shall have the meaning indicated unless the context shall clearly indicate a different meaning: (a) Person means an individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized. (b) Pawnbroker means any person engaged, in whole or in part, in the business of lending money on the security of pledged goods, or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or

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engaged, as a part of the business activities described above or in conjunction therewith, in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers. (c) Pledged goods means tangible personal property other than choses in action, securities, or printed evidences of indebtedness, which property is purchased by, deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business. Section 2. Permanent records required; content . Every pawnbroker shall maintain a book, in permanent form, in which shall be entered in legible English at the time of each loan, purchase or sale: (a) the date of transaction; (b) the name of the person conducting the transaction; (c) the name, age and address of the customer; a description of the general appearance of the customer; and the distinctive number from the customer's driver's license or other similar identification card; (d) an identification and description of the pledged or purchased goods, including, if reasonably available, the serial, model or other number, and all identifying marks inscribed thereon; (e) the number of the receipt or pawn ticket; (f) the price paid or the amount loaned; (g) the number of the check issued for the purchase price or loan if payment is made by check; (h) the maturity date of the transaction; and, (i) the signature of the customer. Section 3. Manner of recording entry . Entries shall appear in chronological order in ink. No blank lines may be left between

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entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The book shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business or at any reasonable time. Section 4. Penalties. Any pawnbroker, and any clerk, agent or employee of such pawnbroker, who shall: (a) fail to make an entry of any material matter in his permanent record book; or, (b) make any false entry therein; or, (c) falsify, obliterate, destroy or remove from his place of business such permanent record book; or, (d) refuse to allow any duly authorized law enforcement officer to inspect such permanent record book, or any goods in his possession, during the ordinary hours of business or at any reasonable time; or, (e) fail to maintain a record of each pawn or purchase transaction for at least four years shall be guilty of a misdemeanor and shall be punished as for a misdemeanor. Section 5. Records maintained for four years. The record of each pawn or purchase transaction, as herein provided, shall be maintained for a period of not less than four years. Section 6. Local laws not superseded. Nothing herein shall supersede existing local laws nor relieve a pawnbroker from the necessity of complying with them. The requirements of local laws shall be construed as cumulative to the provisions of this Act. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977.

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BUSINESS LICENSE INVESTIGATIONSINVESTIGATOR'S CONFLICT OF INTEREST PROHIBITED. No. 670 (House Bill No. 653). An Act to prohibit certain investigations relating to business licenses; 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. No person shall investigate a business for the purpose of providing information to a county or municipality of this State, which information is used in determining whether or not such business shall receive a business or similar license issued pursuant to the valid exercise of the police power of such county or municipality, when such person is employed by or contracting with such county or municipality to make investigations of the type herein specified and such person has been employed by or is then employed by that particular individual business such person is investigating. Section 2. 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. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. ELECTIONSSAMPLE BALLOT PROVISIONS. Code 34A-1012 Amended. No. 671 (House Bill No. 657). An Act to amend Code section 34A-1012, relating to sample ballots and ballot labels, so as to require the superintendents in

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certain municipalities to prepare sample or facsimile ballot labels; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34A-1012, relating to sample ballots and ballot labels, is hereby amended by adding at the end thereof the following: In those municipalities which employ the use of vote recorders or voting machines, the superintendent shall prepare sample or facsimile ballot labels for each general election which shall contain each question and the candidates who are offering for election for each office which will be voted upon in the municipality. The superintendent shall maintain such sample or facsimile ballot labels at the city hall for distribution upon request to interested electors. Such sample or facsimile ballot label shall comply with Code section 34A-1012. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. ELECTIONSSUPERINTENDENTS MUST PREPARE SAMPLE BALLOT LABELS, ETC. Code 34-1301 Amended. No. 672 (House Bill No. 658). An Act to amend Code section 34-1301, relating to the securing of election supplies, so as to require the superintendents in certain counties to prepare sample or facsimile ballot labels; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.

Page 1199

Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1301, relating to the securing of election supplies, is hereby amended by adding at the end thereof the following: In those counties which employ the use of vote recorders or voting machines, the superintendent shall prepare sample or facsimile ballot labels for each general election which shall contain each question and the candidates who are offering for election for each office which will be voted upon in the county. The superintendent shall maintain such sample or facsimile ballot labels at the county courthouse for distribution upon request to interested electors. Such sample or facsimile ballot labels shall comply with Code section 34-1913. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. ELECTION DISTRICTSNOTICES OF CHANGES REQUIRED IN CERTAIN COUNTIES (500,000 OR MORE). Code 34-703 Amended. No. 673 (House Bill No. 693). An Act to amend Code section 34-703, relating to petitions for new election districts, so as to provide for notices of changes in election districts within counties of this State having a population of 500,000 or more according to the United States Decennial Census of 1970 or any future such census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-703, relating to petitions for new election districts, is hereby amended by adding at the end of subsection (c) thereof a new paragraph to read as follows:

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Any other provisions of this subsection to the contrary notwithstanding, in all counties of this State having a population of 500,000 or more according to the United States Decennial Census of 1970 or any future such census, the notice of changes in election districts shall be accomplished by sending such notices by first-class mail to the electors affected thereby at the addresses of such electors shown on the electors list, and such notices shall be in lieu of any other notices required by this subsection. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. LICENSED PRACTICAL NURSESQUALIFICATIONS CHANGED, ETC. No. 674 (House Bill No. 697). An Act to amend an Act providing for the licensing of practical nurses, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 333), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 691), an Act approved March 31, 1965 (Ga. L. 1965, p. 455), an Act approved April 14, 1967 (Ga. L. 1967, p. 593), an Act approved March 21, 1974 (Ga. L. 1974, p. 494), so as to change the designation of practical nurse to licensed practical nurse; to change the qualifications for licensure and examination as a licensed practical nurse; to provide for temporary licenses; to authorize the Georgia Board of Examiners of Licensed Practical Nurses to enjoin persons from practicing licensed practical nursing without a license; to make the practice of licensed practical nursing without a license a public nuisance; to define the term practice of licensed practical nursing and delineate permissible functions of a licensed practical nurse; to provide for the publication of a roster of licensed practical nurses; to abolish the advisory committee created by said Act; to create a Georgia Board of Examiners of Licensed Practical Nurses; to

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provide for the composition of the board and the terms of office of members of the board; to provide for filling vacancies; to provide for nominations of members of the board; to provide for compensation of members of the board; to provide for meetings of the board; to authorize the board to adopt rules and regulations; to provide for exemptions from the provisions 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 providing for the licensing of practical nurses, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 333), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 691), an Act approved March 31, 1965 (Ga. L. 1965, p. 455), an Act approved April 14, 1967 (Ga. L. 1967, p. 593), an Act approved March 21, 1974 (Ga. L. 1974, p. 494), is hereby amended by striking the phrase practical nurse wherever it appears in said Act and substituting in lieu thereof, the following: Definitions. licensed practical nurse, and by striking the phrase practical nurses wherever it appears in said Act and substituting in lieu thereof, the following: licensed practical nurses, so that when so amended, all references in said Act to practical nurse shall be changed to licensed practical nurse. Section 2. Said Act is further amended by striking in its entirety section 2, relating to qualifications of applicants for licensure, and substituting in lieu thereof, the following: Section 2. (a) No person shall engage in practice as a licensed practical nurse without obtaining a license as hereinafter provided. All applicants for a license to practice as a licensed practical nurse shall make application through the Joint Secretary of the State Examining Boards. An applicant for such license shall submit to the Georgia Board of Examiners of Licensed Practical Nurses written evidence, verified by oath, that the applicant is at least eighteen years of age and has completed

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at least two years in high school or the equivalent thereof which is satisfactory to the board. A person who has received a high school diploma, completed the approved educational program, and who is seventeen years of age may apply to the board for special consideration and the board, in its discretion, may allow a person so applying to take the examination required by section 3 before the person is 18 years of age. In addition, an applicant shall submit to the board written evidence, verified by oath, that the applicant is of good moral character, is in good physical and mental health, and has successfully completed the course of training in an approved school and hospital training program for licensed practical nurses approved by the board; provided, however, that the Joint Secretary, State Examining Boards, shall issue a temporary license to applicants for licensure by examination pursuant to section 3 of this Act, or to applicants for licensure without examination, pursuant to section 5 of this Act. A temporary license shall be valid for not longer than twelve months from the date of issuance. No person issued a temporary license shall be eligible to receive a second temporary license. The Georgia Board of Examiners of Licensed Practical Nurses may adopt such reasonable rules and regulations as may be necessary to regulate the issuance of temporary licenses, to insure the competence of all persons practicing under such licenses and to protect the public from the practice of licensed practical nursing by persons unqualified under the terms and provisions of this Act. Applications. (b) Any hospital with 15 beds or more may qualify to train practical nurses provided they do not train over one nurse per year for every eight hospital beds. Hospitals giving such training for licensed practical nurses must include in their course a minimum of 600 hours class work and 800 hours practical experience during a period of 12 months. Section 3. Said Act is further amended by striking section 7, relating to the use of the terms licensed practical nurse and the abbreviation L.P.N. by persons not licensed by the Georgia Board of Examiners of Licensed Practical Nurses, in its entirety, which reads as follows: Section 7. Any person issued a license shall have the right to use the title `Licensed Practical Nurse' and the abbreviation

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therefor `L.P.N.' No other person shall use the title or such abbreviations or any other words, letters, signs, figures, or the abbreviations thereof to indicate that the person is a licensed practical nurse. Any person so doing shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor., and substituting in lieu thereof a new section 7, to read as follows: Section 7. (a) Any person issued a license shall have the right to use the title `Licensed Practical Nurse' and the abbreviation therefor, `L.P.N.' No other person shall use the title or such abbreviations or any other words, letters, signs, figures, or the abbreviations thereof to indicate that the person is a licensed practical nurse. Unless authorized by law or unless exempted from the provisions of this Act, no other person shall engage in an act or acts which are within the practice of licensed practical nursing. Any person who violates the provisions of this subsection shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Use of L.P.N. (b) Any person who shall engage in the practice of licensed practical nursing within the meaning of this Act without being licensed by the Georgia Board of Examiners of Licensed Practical Nurses, or who shall hold himself out as a licensed practical nurse or `L.P.N.' without being so licensed, may be enjoined from such conduct by the Georgia Board of Examiners of Licensed Practical Nurses, and said board may institute proceedings in the courts of this State in its own name to secure such injunctions. This provision shall not apply to any persons properly practicing another profession such as the practice of nursing as a registered professional nurse, or to any other persons exempted from the provisions of this Act. The practice of licensed practical nursing without securing the proper license from the Georgia Board of Examiners of Licensed Practical Nurses is hereby declared to be a public nuisance, harmful to the public health, safety and welfare. Section 4. Said Act is further amended by striking section 8, relating to the definition of a licensed practical nurse, in its entirety, which reads as follows:

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Section 8. A practical nurse is a person who has had study and supervised experience in an approved school and hospital training program and is thereby trained to care for sub-acute, convalescent and chronic patients in their own homes or in institutions, or who works under the direction of a licensed physician or registered professional nurse. Any hospital with fifteen beds or more may qualify to train practical nurses provided they do not train over one nurse per year for every eight hospital beds. Hospitals giving this training for practical nurses must include in their course a minimum of 600 hours class work and 800 hours practical experience during a period of twelve months., and substituting in lieu thereof a new section 8, to read as follows: Section 8. Practice of licensed practical nursing defined. Practice of licensed practical nursing means the performance for compensation, under the supervision of a physician practicing medicine in accordance with the provisions of law, or a nurse practicing nursing as a registered professional nurse in accordance with the provisions of law, of health care services of the following types the performance of which requires the formal educational preparation necessary to qualify for the examination for licensure as a licensed practical nurse: Practice defined. (1) providing personal patient observation, care and assistance; (2) performing comfort and safety measures; (3) utilizing aseptic techniques; (4) administering treatments and medications; (5) collecting and caring for specimens; (6) caring for the newborn infant; (7) using oral and written communication in health care and health records; (8) performing certain specialized tasks, when appropriately trained, including supervising licensed practical nurses and other

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personnel, performing special obstetrical services and performing health care services in cardiac care units, emergency rooms, operating rooms and intensive care units; and (9) similar health care services. Section 5. Said Act is further amended by adding at the end of section 10, relating to the issuance of licenses by the Georgia Board of Examiners of Licensed Practical Nurses, the following sentence: The Georgia Board of Examiners of Licensed Practical Nurses shall publish biennially in each odd-numbered year a roster of all persons currently licensed as licensed practical nurses in the State of Georgia if funds are available for such purpose., so that when so amended, section 10 shall read as follows: Section 10. Licenses as provided in section 2 and section 4 of this Act, may be issued by the Georgia Board of Examiners of Licensed Practical Nurses, upon proper application. The Georgia Board of Examiners of Licensed Practical Nurses shall publish biennially in each odd-numbered year a roster of all persons currently licensed as licensed practical nurses in the State of Georgia if funds are available for such purpose. Roster. Section 6. Said Act is further amended by striking section 11 in its entirety, which reads as follows: Section 11. There is hereby established an advisory committee composed of three registered professional nurses, two representatives from the Georgia Hospital Association, one representative from the Medical Association of Georgia, and one representative from the Vocational Education Service of the State Department of Education which committee will serve in an advisory capacity to the Board of Examiners of Practical Nurses of Georgia on matters pertaining to licensing of practical nurses, also training and instruction. This committee shall be appointed by the Governor from a list of at least six names submitted from the Registered Professional Nurses Association of Georgia, four from the Georgia Hospital Association, two from the Medical

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Association of Georgia, and two from the State Board of Education. Each member shall serve two years or until his or her successor is appointed. This committee shall have at least two meetings each year with the Board of Examiners of Practical Nurses. The members of said committee shall serve without compensation and shall recommend to the Governor ten practical nurses, who shall be registered as practical nurses following the recommendation of the advisory committee, from which the Governor shall appoint five to constitute a Board of Examiners of Practical Nurses. The terms of offices shall be two for four years, two for two years, and one for one year. Thereafter, they shall be appointed for four years upon recommendation of the advisory committee established in this section. These board members shall be paid $25.00 per day plus mileage, hotel, and food. The board shall meet at least twice each year and may have call meetings upon notice of the chairman or Joint-Secretary of the State Examining Boards. Rules and regulations regarding the training of practical nurses shall be formulated by the advisory committee and the Board of Examiners of Practical Nurses., Board of Examiners. and substituting in lieu thereof a new section 11, to read as follows: Section 11. The Georgia Board of Examiners of Licensed Practical Nurses shall consist of five members. The members of the Georgia Board of Examiners of Licensed Practical Nurses in office on the effective date of this section shall serve out the remainder of their respective terms. Successors to such members shall be appointed to terms of four years by appointment of the Governor with the approval of the Secretary of State and confirmed by the Senate. The Georgia Association of Licensed Practical Nurses, Inc., the Licensed Practical Nurses Association of Georgia, any successor association, or any other Statewide association of licensed practical nurses may submit as many as five names each to the Governor as recommendations for filling any vacancy on the Georgia Board of Examiners of Licensed Practical Nurses. The members of the board shall receive the sum of $36.00 for each day of service devoted to their official duties, 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. The board shall meet at least twice each year, and may have called

Page 1207

meetings upon notice of the Chairman or Joint Secretary of the State Examining Boards. Rules and regulations regarding the training of licensed practical nurses or any other matters necessary to carry out the duties and functions of the board provided by law may be formulated and promulgated by the Georgia Board of Examiners of Licensed Practical Nurses. Section 7. Said Act is further amended by striking section 12 in its entirety and substituting in lieu thereof a new section 12, to read as follows: Section 12. The provisions of this Act shall not apply to persons authorized by law to perform tasks included in the practice of licensed practical nursing when performing such tasks nor shall it prohibit gratuitous nursing or nursing or care of the sick with or without compensation when done in connection with the practice of the religious tenets of any church or religious group so long as the person engaging therein does not hold himself or herself out to be a licensed practical nurse. The provisions of this Act shall not prohibit an orderly, attendant, aide, or maid from engaging in work or performing tasks customarily performed by such persons. Exceptions. 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 30, 1977. TRAFFIC COURTS IN CERTAIN COUNTIES (MORE THAN 300,000)REMOVAL OF ASSISTANT SOLICITORS. No. 677 (House Bill No. 807). An Act to amend an Act creating a system of traffic courts pursuant to the Constitution of Georgia for each city of this State

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having a population of more than 300,000, according to the United States Decennial Census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), so as to change the provisions relating to the appointment of assistant solicitors; to provide for oaths; to provide for removal from office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a system of traffic courts pursuant to the Constitution of Georgia for each city of this State having a population of more than 300,000, according to the United States Decennial Census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), is hereby amended by striking in its entirety from section 12 the third unnumbered paragraph which reads as follows: Thereafter he shall be eligible for retention in office for the same term and in the same manner as the judges. Vacancies in the office of solicitor shall be filled in the same manner as vacancies in the office of judge. Assistant solicitors shall be appointed by each solicitor and serve at his discretion., and inserting in lieu thereof a new paragraph to read as follows: Thereafter he shall be eligible for retention in office for the same term and in the same manner as the judges. Vacancies in the office of solicitor shall be filled in the same manner as vacancies in the office of judge. Assistant solicitors shall be appointed by each solicitor to a term of one year, and if reappointed shall be resworn. Said assistant solicitors may be removed from office for cause during their terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977.

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BOARD OF PARDONS AND PAROLES SHALL SUPERVISE ALL PERSONS ON CONDITIONAL RELEASE. No. 678 (House Bill No. 808). An Act to amend an Act creating the State Board of Pardons and Paroles and providing for the appointment, terms of office, compensation and powers and duties of the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, so as to provide that the function and responsibility of supervising all persons placed on parole or other conditional release by the State Board of Pardons and Paroles is transferred to the State Board of Pardons and Paroles; to amend an Act providing for the reorganization of certain functions within the Executive Branch of State Government, approved April 6, 1972 (Ga. L. 1972, p. 1069), so as to delete the authority of the Division of Community-Based Services of the Department of Offender Rehabilitation to supervise parolees; to provide for the transfer of certain supervisors and clerical help to the State Board of Pardons and Paroles; to provide for per diem and expenses of such personnel; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Pardons and Paroles and providing for the appointment, terms of office, compensation and powers and duties of the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p, 185), as amended, is hereby amended by adding immediately following section 11 a new section 11A, to read as follows: Section 11A. The function and responsibility of supervising all persons placed on parole or other conditional release by the State Board of Pardons and Paroles is hereby transferred to the State Board of Pardons and Paroles. Section 2. An Act providing for the reorganization of certain functions within the Executive Branch of State Government, approved April 6, 1972 (Ga. L. 1972, p. 1069), is hereby amended by striking from the second sentence of section 14 the following:

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parolees, probationers, and other offenders who are being treated outside correctional institutions, and inserting in lieu thereof the following: probationers and other offenders, not conditionally released by the State Board of Pardons and Paroles, who are being treated outside correctional institutions, so that when so amended section 14 shall read as follows: Section 14. There is created within the Department of Offender Rehabilitation the Division of Community-Based Services. This Division shall administer the supervision of probationers and other offenders, not conditionally released by the State Board of Pardons and Paroles, who are being treated outside correctional institutions. The Director of the Division shall be appointed by the Commissioner of Offender Rehabilitation. Nothing in this Act shall alter the relationship between judges and probation supervisors prescribed in the Statewide Probation Act, Georgia Laws 1956, pp. 27, 28 et seq. (Ga. Code Ann. section 27-2702 et seq.) Section 3. To effectuate the purposes of this Act, thirty supervisors and eight clerical personnel of the Department of Offender Rehabilitation shall be transferred to the State Board of Pardons and Paroles to provide for the initial and orderly transfer of powers and functions to the said Board. The per diem and expenses of said supervisors and the equipment and supplies of clerical personnel shall be determined by the Office of Planning and Budget. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977.

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M.A.R.T.A.COMPENSATION OF CHAIRMAN OF THE BOARD CHANGED. No. 679 (House Bill No. 848). 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), an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved March 24, 1976 (Ga. L. 1976, p. 3104), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3407), so as to change the provisions relative to the compensation of the Chairman of the Board; 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), an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved March 24, 1976 (Ga. L. 1976, p. 3104), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3407), is hereby amended by striking in section 6(f), the following: Each appointed member of the Board shall be paid by the Authority the sum of fifty dollars for each official meeting of the

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Board he attends, but he shall not be paid more than five hundred dollars for meetings attended in any one calendar month., and substituting in lieu thereof, the following: Each appointed member of the Board, except the Chairman, 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. If the Chairman of the Board is an appointed member of the Board, he shall be paid by the Authority the sum of fifty dollars for each day during which he engages in official business of the Authority, but he shall not be paid more than eleven hundred dollars for any one calendar month., so that when so amended, section 6(f) shall read as follows: Each appointed member of the Board, except the Chairman, 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. If the Chairman of the Board is an appointed member of the Board, he shall be paid by the Authority the sum of fifty dollars for each day during which he engages in official business of the Authority, but he shall not be paid more than eleven hundred dollars for 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). Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit

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Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended: to repeal conflicting laws; and for other purposes. This 21st day of December, 1976. John W. Greer Representative 43rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 14, 21 and 28, 1977. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 3rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 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, Laws

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1965, p. 2243), as amended: to repeal conflicting laws; and for other purposes. This 21st day of December, 1976. John W. Greer Representative 43rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he is Representative from the 43rd 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 10, 17 and 24, 1977. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 3rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Transit Authority Act of 1965, approved MArch 10, 1965 (Ga. Laws

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1965, p. 2243), as amended: to repeal conflicating laws; and for other purposes. This 21st day of December, 1976. John W. Greer Representative 43rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News Legal Review which is the official organ of DeKalb County, on the following dates: January 13, 20 and 27, 1977. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 3rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 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. Laws

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1965, p. 2243), as amended: to repeal conflicting laws; and for other purposes. This 21st day of December, 1976. John W. Greer Representative 43rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he is Representative from the 43rd 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 11, 18 and 25, 1977. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 3rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 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. Laws

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1965, p. 2243), as amended: to repeal conflicting laws; and for other purposes. This 21st day of December, 1976. John W. Greer Representative 43rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he is Representative from the 43rd 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 14, 21 and 28, 1977. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 3rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977. ALCOVY JUDICIAL CIRCUITSALARIES AND BUDGETS, ETC. No. 690 (House Bill No. 972). An Act to amend an Act creating a new judicial circuit for the State of Georgia to be known as the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended,

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so as to provide an expense allowance for the judge and district attorney of said circuit; to provide for investigators for said district attorney; to provide for the duties and compensation of said investigators; to provide for the district attorney to submit annual budgets of anticipated expenses of his office and the approval of such budgets; to provide an effective date; to specifically repeal certain laws, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new judicial circuit for the State of Georgia to be known as the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, is hereby amended by adding between sections 2 and 3 a new section, to be designated section 2A, to read as follows: Section 2A. In addition to the salary and contingent expense allowance payable from State funds, the Judge of the Superior Court of the Alcovy Judicial Circuit shall receive, effective July 1, 1977, an expense allowance of $250.00 per month, and effective July 1, 1979, an expense allowance of $300.00 per month; provided, however, said $250.00 expense allowance may be reduced to $200.00 per month by resolution of the Board of Commissioners of Netwon County passed prior to June 1, 1977; and provided, further, said $300.00 expense allowance may be reduced to $250.00 per month by resolution of the Board of Commissioners of Newton County passed prior to June 1, 1979. Such expense allowance shall be paid from the funds of Newton County. Judge. Section 2. Said Act is further amended by adding between sections 3 and 4 a new section, to be designated section 3A, to read as follows: Section 3A. In addition to the salary and contingent expense allowance payable from State funds, the District Attorney of the Superior Court of the Alcovy Judicial Circuit shall receive, effective July 1, 1977, an expense allowance of $50.00 per month, and effective July 1, 1979, an expense allowance of

Page 1219

$100.00 per month; provided, however, said $50.00 expense allowance may be reduced to $25.00 per month by a resolution of the Board of Commissioners of Newton County passed prior to June 1, 1977; and provided, further, said $100.00 expense allowance may be reduced to $50.00 per month by a resolution of the Board of Commissioners of Newton County passed prior to June 1, 1979. Such expense allowance shall be paid from the funds of Newton County. District attorney. Section 3. Said Act is further amended by adding between sections 4 and 5 two new sections to be designated section 4A and section 4B to read as follows: Section 4A. The district attorney is hereby authorized to employ an investigator in each county within the Alcovy Judicial Circuit. The district attorney shall recommend to the governing authority of each county the proposed salary of the investigator of such county, but the governing authority of each county shall set the exact salary for the investigator to be paid in equal monthly installments from county funds. The investigator shall be required to be a resident of the county from which he is employed. It shall be within the sole power and authority of the district attorney, during his term of office, to designate and name the persons who shall be employed as the investigators and to prescribe their duties and assignments and to remove or replace such investigators at will and within his sole discretion. Said investigators shall have the same power to execute and return all warrants, rules, orders and processes of any kind and serve as a peace officer. Investigators. Section 4B. The district attorney shall submit an annual written budget of the anticipated expenses of his office to the governing authority of each county within the Alcovy Judicial Circuit not less than 30 days before the beginning of each county's fiscal year. The governing authorities shall then review and approve or amend said budget before such budget shall become effective. Upon approval of the budget as submitted or upon approval of an amended budget, the budget shall become effective on the first day of the county's fiscal year. Upon application of

Page 1220

the district attorney, the governing authority of either county may alter or amend the budget for the remainder of the fiscal year. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 5. An Act providing for an expense allowance for the judge of the Superior Court of the Alcovy Judicial Circuit, approved February 28, 1974 (Ga. L. 1974, p. 126), as amended, is hereby repealed in its entirety. Section 6. 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 at the regular session of the 1977 General Assembly of Georgia, I will introduce the following legislation: A bill to provide for personnel, salaries, expenses and allowances in the office of the District Attorney of the Alcovy Judicial Circuit; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Date: December 21, 1976 Philip A. Johnson Representative-Elect 74th District Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the regular session of the 1977 General Assembly of Georgia, I will introduce the following legislation: A bill to provide for personnel, salaries, expenses and allowances in the office of the Judge of the Superior Court of the

Page 1221

Alcovy Judicial Circuit; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Date: December 21, 1976 Philip A. Johnson Representative-Elect 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phil Johnson who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Phil Johnson Representative, 74th District Sworn to and subscribed before me, this 18th day of February, 1977 /s/ Susan Gordon Notary Public, Georgia State at Large My Commission expires Dec. 19, 1980 (Seal). Approved March 30, 1977. INTERESTTRANSACTIONS SECURED BY REAL PROPERTY10% ALLOWED. Code 57-101.1 Amended. No. 716 (House Bill No. 542). An Act to amend Code section 57-101.1, relating to the maximum rate of interest which may be charged on certain transactions

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involving real property, as amended, so as to change the maximum permissible rate of interest on certain transactions involving real property; to provide that certain loans guaranteed or insured by any agency of the federal government may bear interest in excess of ten percent per annum; to provide that said Code section shall not be construed to amend, modify, supersede or repeal any Act, Code section, or any other law which presently allows any person, company or corporation to reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than nine percent per annum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 57-101.1, relating to the maximum rate of interest which may be charged on certain transactions involving real property, as amended, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 57-101.1, to read as follows: 57-101.1. (a) Notwithstanding any other provisions of this Code, Title, or any other Acts to the contrary, the maximum rate of interest of nine percent (9%) per annum shall not be applicable and the legal maximum rate shall be ten percent (10%) per annum in transactions where the security given for any loan, charge, reserve, advance of money, or forbearance to enforce collection of money, is or includes real property or an interest therein; provided, however, that the rate of interest for a loan, the repayment of which is guaranteed by the Veterans Administration or insured by the Federal Housing Administration or which is guaranteed or insured by any other agency of the federal government may exceed ten percent (10%) per annum; and provided further that amounts paid to, or contracted to be paid to, the lender by persons other than the borrower shall not be considered interest and shall not be taken into account in the calculation of interest. (b) For the purpose of this Title, it is declared to be the intent of the Legislature and the existing Law of Georgia that the rate of interest shall be computed upon the assumption that the debt will

Page 1223

be paid according to the agreed terms and will not be paid before the end of the agreed term. Any sums of money reserved or taken for the loan or forbearance which are in the nature of and taken into account in the calculation of interest, even though paid at one time, shall be spread over the stated term of the loan for the purpose of determining the rate of interest under this Code section. (c) The foregoing subsection shall apply to all loan transactions and renewals and extensions of prior loan transactions entered into after the effective date of this Code section. (d) Nothing contained in this Code section shall be construed to amend, modify, supersede or repeal any Act, Code section, or any other law which presently allows any person, company or corporation to reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than nine percent (9%) per annum, including but not limited to, an Act relating to interest on installment loans, approved August 16, 1912 (Ga. L. 1912, p. 144), as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 463), and an Act approved March 31, 1976 (Ga. L. 1976, p. 1197), the same being codified as Georgia Code section 57-116, as now or hereafter amended; an Act known as the `Georgia Industrial Loan Act', approved March 4, 1955 (Ga. L. 1955, p. 431), as now or hereafter amended; an Act relating to interest rates on loans to certain corporations, approved March 30, 1961 (Ga. L. 1961, p. 300), the same being codified as Georgia Code section 57-118, as now or hereafter amended; an Act relating to charges and interest on secondary security deeds, 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), an Act approved April 24, 1975 (Ga. L. 1975, p. 1114), and an Act approved March 24, 1976 (Ga. L. 1976, p. 726), and as hereafter amended; an Act relating to interest on loans of $100,000.00 or more, approved March 14, 1969 (Ga. L. 1969, p. 80), the same being codified as Georgia Code section 57-119, as now or hereafter amended. (e) Intangible recording taxes paid by the borrower on longterm real estate loans shall not be considered interest and shall not be taken into account in the calculation of interest.

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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 and shall remain in effect for a period of two years therefrom, at which time the provisions of this Act shall no longer be effective and the provisions of law which were in existence prior to the effective date of this Act shall become and remain effective. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1977. FIREMENCONVICTED FELONS EMPLOYABLE IN CERTAIN CASES. No. 717 (House Bill No. 654). An Act to amend an Act to establish the Georgia Fire Fighters Standards and Training Council, approved April 10, 1971 (Ga. L. 1971, p. 693), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p. 1725), so as to permit a person to be employed and certified as a fire fighter who has been convicted of a felony within a certain number of years prior to employment; to provide conditions thereupon; to provide 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 establish the Georgia Fire Fighters Standards and Training Council, approved April 10, 1971 (Ga. L. 1971, p. 693), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p. 1725), is hereby amended by adding in subsection (b) of section 7 thereof, after the word, employment, the following: ; provided, that a person who has been convicted of a felony more than 5, but less than 10, years prior to employment may be

Page 1225

certified and employed as a fire fighter when such person has (1) successfully completed a training program following the Georgia Fire Academy curriculum and sponsored by the Department of Offender Rehabilitation; (2) earned and possesses a First Class Fire Fighter Diploma; (3) been recommended to the fire service by the proper authorities at the institution at which such training program was undertaken; and (4) met all other requirements as set forth in this Act. The Georgia Fire Fighters Standards and Training Council shall be the final authority with respect to authorizing employment and certification of a person who has been convicted of a felony more than 5, but less than 10, years prior to seeking employment when such person is seeking employment as a fire fighter for any municipal, county or State fire department which employs 3 or more fire fighters who work a minimum of 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county and State codes as well as enforcing any law pertaining to the prevention and control of fires, so that when so amended section 7 shall read as follows: Section 7. After the effective date of this Act, any person employed or certified as a fire fighter shall: (a) Be st least 18 years of age. (b) Not have been convicted of a felony within 10 years prior to employment; provided, that a person who has been convicted of a felony more than 5, but less than 10, years prior to employment may be certified and employed as a fire fighter when such person has (1) successfully completed a training program following the Georgia Fire Academy curriculum and sponsored by the Department of Offender Rehabilitation; (2) earned and possesses a First Class Fire Fighter Diploma, (3) been recommended to the fire service by the proper authorities at the institution at which such training program was undertaken; and (4) met all other requirements as set forth in this Act. The Georgia Fire Fighters Standards and Training Council shall be the final authority with respect to authorizing employment and certification of a person who has been convicted of a felony more than 5, but less than 10, years prior to seeking employment when such person is seeking employment as a fire fighter for any municipal, county or State

Page 1226

fire department which employs 3 or more fire fighters who work a minimum of 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county and State codes as well as enforcing any law pertaining to the prevention and control of fires. (c) Have a good moral character as determined by investigation under procedure approved by the Council. (d) Be in good physical condition as deterined by a medical examination as approved by the Council. 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. Approved April 1, 1977. MUNICIPAL AD VALOREM TAXATIONCHANGES. Code 92-4101, 4102, 4103, and 4104 Repealed. No. 718 (House Bill No. 220). An Act to repeal Code section 92-4101, relating to the limitation on municipal ad valorem taxing authority, as amended; to repeal Code section 92-4102, relating to the definition of ordinary current expenses and separate accounts; to repeal Code section 92-4103, relating to penalties imposed upon officer of any municipal corporation diverting money; to repeal Code section 92-4104, relating to provisions for raising additional funds and separate accounts; 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 the limitation on municipal ad valorem taxing authority, as amended, is hereby repealed in its entirety.

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Section 2. Code section 92-4102, relating to the definition of ordinary current expenses and separate accounts, is hereby repealed in its entirety. Section 3. Code section 92-4103, relating to penalties imposed upon officer of any municipal corporation diverting money, is hereby repealed in its entirety. Section 4. Code section 92-4104, relating to provisions for raising additional funds and separate accounts, is hereby repealed in its entirety. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1977. MOTOR VEHICLESUNLAWFUL TO BRING INTO STATE OR SELL AUTO WITH ODOMETER TURNED BACK. No. 719 (House Bill No. 95). An Act to amend an Act making unlawful certain acts in connection with motor vehicle odometer readings, approved April 18, 1975 (Ga. L. 1975, p. 754), so as to make it unlawful for any person knowingly to bring into this State a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to adjustments to the odometer; to make it unlawful to sell or attempt to sell certain motor vehicles; to provide exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act making unlawful certain acts in connection with motor vehicle odometer readings, approved April 18, 1975 (Ga. L. 1975, p. 754), is hereby amended by striking

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subsection (b) of section 1 in its entirety and inserting in lieu thereof new subsections (b), (c) and (d) to read as follows: (b) It shall be unlawful for any person knowingly to bring into this State a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a). (c) It shall be unlawful for any person knowingly to sell or attempt to sell a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a). (d) The provisions of subsections (a), (b) and (c) shall not apply to the disconnection of the odometer used for registering the mileage or use of new motor vehicles being tested by the manufacturer prior to delivery to a franchised dealer., so that when so amended, section 1 shall read as follows: Section 1. (a) It shall be unlawful for any person knowingly to tamper with, adjust, alter, change, set back, disconnect, or fail to connect, an odometer of a motor vehicle, or to cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the motor vehicle has actually been driven, except as hereinafter provided. (b) It shall be unlawful for any person knowingly to bring into this State a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a). (c) It shall be unlawful for any person knowingly to sell or attempt to sell a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a). (d) The provisions of subsections (a), (b) and (c) shall not apply to the disconnection of the odometer used for registering the mileage or use of new motor vehicles being tested by the manufacturer prior to delivery to a franchised dealer.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1977. INSURANCECERTAIN PREGNANCY COVERAGES REQUIRED. Code Title 56 Amended. No. 720 (House Bill No. 244). An Act to amend Code Title 56, relating to insurance, as amended, so as to require certain group insurance policies or group insurance contracts to provide coverage for complications of pregnancy under certain conditions; to provide for the applicability of certain provisions of said Code Title to hospital service nonprofit corporations and nonprofit medical service corporations; to provide definitions; to require such coverage be provided for certain dependents and family members; to prohibit exclusions, reductions or other limitations for such coverage unless certain conditions are met; to provide limitations on fixed amount payment provisions in such policies or contracts; to authorize group policies or group contracts to contain provisions more favorable to the insured than those provided in this Act; 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 in Code section 56-108, relating to the applicability of said Code Title to particular types of insurers, the following: Code 56-108 Amended. (1) Hospital service nonprofit corporations except as provided in Chapter 56-17 and nonprofit medical service corporations except as provided in Chapter 56-18;,

Page 1230

and substituting in lieu thereof, the following: (1) Hospital service nonprofit corporations except for the provisions of Chapter 56-17 and any other provisions of this Title which are specifically made applicable to such corporations and nonprofit medical service corporations except for the provisions of Code Chapter 56-18 and any other provisions of this Title which are specifically made applicable to nonprofit medical service corporations; so that when so amended, Code section 56-108 shall read as follows: 56-108. Application as to particular types of insurers.This Title shall not apply to: (1) Hospital service nonprofit corporations except for the provisions of Chapter 56-17 and any other provisions of this Title which are specifically made applicable to such corporations and nonprofit medical service corporations except for the provisions of Code Chapter 56-18 and any other provisions of this Title which are specifically made applicable to nonprofit medical service corporations;, (2) Fraternal benefit societies except as provided in Chapter 56-19; (3) Farmers' mutual fire insurance companies except as provided in Chapter 56-20. Section 2. Said Code Title is further amended by adding at the end of Code Chapter 56-24, relating to insurance contracts in general, a new Code section, to be designated Code section 56-2443, to read as follows: Code 56-2443 created. 56-2443. Complications of pregnancy coverage. (a) For the purposes of this section, the term (1) `complications of pregnancy' means the following: (A) conditions requiring hospital confinement (when the pregnancy is not terminated), whose diagnoses are distinct from

Page 1231

pregnancy but are adversely affected by pregnancy or are caused by pregnancy, such as acute nephritis, nephrosis, cardiac decompensation, missed abortion, pre-eclampsia, intrauterine fetal growth retardation, and similar medical and surgical conditions of comparable severity, but shall not include false labor, occasional spotting, physician-prescribed rest during the period of pregnancy, morning sickness, hyperemesis gravidarum, and similar conditions associated with the management of a difficult pregnancy not constituting a nosologically distinct complication of pregnancy; and (B) ectopic pregnancy which is terminated. (2) `group policy or group contract' means a group or blanker accident and sickness insurance policy or contract as defined in Code Chapter 56-31, a group contract of the type issued by a hospital service nonprofit corporation established under Code Chapter 56-17, a group contract of the type issued by a health care plan established under Code Chapter 56-17A, a group contract of the type issued by a nonprofit medical service corporation established under Code Chapter 56-18, or any similar group benefit plan, policy or contract. (3) `major medical coverage' means coverage which provides benefits of at least 75 percent of necessary, reasonable and customary charges for medical care including hospitalization in semiprivate accommodations, with maximum lifetime benefits of at least $100,000. (b) Each group policy or group contract issued, delivered, issued for delivery, amended, or renewed in this State after January 1, 1978, which provides major medical coverage and which includes maternity benefits shall include complications of pregnancy within such major medical coverage for all persons who have been covered by the policy or contract for a period of nine months or for a period of at least thirty days immediately prior to the date conception occurs or pregnancy commences. The same coverage for complications of pregnancy shall be provided for all family members and dependents with major medical coverage under the group policy or group contract. (c) Group policies or group contracts subject to the provisions of this section shall not contain any exclusions, reductions, or

Page 1232

other limitations as to coverages, deductibles, or coinsurance provisions which apply to complications of pregnancy unless such provisions apply generally to all benefits provided or paid for under such group policies or group contracts. (d) If fixed amounts for surgery are specified in any group policy or group contract subject to the provisions of this section, the fixed amounts for surgical procedures involving complications of pregnancy shall be commensurate with other fixed amounts payable for procedures of comparable difficulty and severity. (e) If any group policy or group contract subject to the provisions of this section provides a fixed amount for maternity benefits, complications of pregnancy shall be treated the same as an illness rather than pregnancy, and a person covered by such group policy or group contract shall be entitled to benefits otherwise provided by the group policy or group contract. (f) Nothing contained in this section shall be deemed to prohibit an insurer or nonprofit corporation from issuing group policies or group contracts which contain provisions providing benefits greater than the minimum benefits required by this section or from issuing group policies or group contracts which contain provisions which are generally more favorable to the insured than those required by this section. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1977. FIRE OFFICIALS MAY REQUIRE INSURANCE COMPANIES TO REPORT CONCERNING CERTAIN PROPERTY LOSSES. No. 721 (House Bill No. 257). An Act to amend an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L.

Page 1233

1949, p. 1057), as amended, so as to require insurance companies to furnish to certain fire officials information relating to their investigation of property losses; to establish evidentiary rules relating to the use of such information; to provide immunity from liability for releasing certain information; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, is hereby amended by adding between sections 25 and 26 a new section to be designated section 25A to read as follows: Section 25A. (a) The State Fire Marshal, any deputy designated by the State Fire Marshal, the Director of the Georgia Bureau of Investigation or the chief of a fire department of any municipal corporation or county where a fire department is established may request any insurance company investigating a fire loss of real or personal property to release any information in its possession relative to that loss. The company shall release the information to and cooperate with any official authorized to request such information pursuant to this section. The information shall include, but is not limited to: (1) any insurance policy relevant to the fire loss under investigation and any application for such a policy; (2) policy premium payment records on such policy to the extent available; (3) history of previous claims made by the insured for fire loss with the reporting carrier; (4) material relating to the investigation of the loss, including statements of any person, proof of loss and any other relevant evidence. (b) If an insurance company has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the company shall notify the State Fire Marshal

Page 1234

and furnish him with all relevant material acquired by such company during its investigation of the fire loss. The insurer shall also cooperate with and take such action as may be requested of it by the State Fire Marshal's Office or by any law enforcement agency of competent jurisdiction. Such company shall also permit any person to inspect its records pertaining to the policy and to the loss if such person is authorized to do so by law or by an appropriate order of a superior court of competent jurisdiction. (c) In the absence of fraud or malice, no insurance company or person who furnishes information on its behalf is liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken that is necessary to supply information required pursuant to this section. (d) The officials and departmental and agency personnel receiving any information furnished pursuant to this section shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding, except to the extent that nothing contained herein shall be deemed to prohibit representatives of the State Fire Marshal's Office or other authorized law enforcement officials from discussing such matters with other agency or departmental personnel or with other law enforcement officials or from releasing or disclosing any such information during the conduct of their investigation if such release or disclosure is necessary to enable them to conduct their investigation in an orderly and efficient manner. (e) Any official referred to in subsection (a) of this section may be required to testify as to any information in his possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against an insurance company for the fire loss. (f) (1) No person shall purposely refuse to release any information requested pursuant to subsection (a) of this section. (2) No person shall purposely refuse to notify the State Fire Marshal of a fire loss required to be reported pursuant to subsection (b) of this section.

Page 1235

(3) No person shall purposely refuse to supply the State Fire Marshal with pertinent information required to be furnished pursuant to subsection (b) of this section. (4) No person shall purposely fail to hold in confidence information required to be held in confidence by subsection (d) of this section. (g) Any person willfully violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1977. DRIVERS' LICENSESPOINT SCHEDULE FOR REVOCATION REVISED. Code 68B-307 Amended. No. 722 (House Bill No. 457). An Act to amend Code section 68B-307, relating to the authority of the Department of Public Safety to suspend or revoke licenses and establishing a point system, so as to change the number of points assessed for certain traffic offenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68B-307, relating to the authority of the Department of Public Safety to suspend or revoke licenses and establishing a point system, is hereby amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c), to read as follows: (c) The points to be assessed for each offense shall be as provided in the following schedule:

Page 1236

Reckless driving7 points Unlawful passing of a school bus6 points Improper passing on a hill or a curve4 points Exceeding the speed limit by more than 11 miles per hour but less than 16 miles per hour2 points Exceeding the speed limit by 16 miles per hour or more but less than 21 miles per hour3 points Exceeding the speed limit by 21 miles per hour or more but less than 31 miles per hour4 points Exceeding the speed limit by 31 miles per hour or more 6 points Disobedience of any traffic-control device or traffic officer 3 points The Commissioner shall suspend the driver's license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24-month period: Provided that a second or subsequent plea of nolo contendere to a charge of committing an offense listed in this subsection (c) shall be considered a conviction for the purposes of this section. At the end of the period of suspension, the violation point count shall be reduced to 6 points. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1977. ALCOHOLIC BEVERAGESHOURS OF SALE REVISED FOR ON-PREMISES CONSUMPTION. No. 723 (House Bill No. 776). An Act to provide that in each consolidated government of this State within the limits of which the sale of alcoholic beverages,

Page 1237

distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours; 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 provisions of any other law of this State to the contrary notwithstanding, in all consolidated governments of this State within the limits of which the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized, at the discretion of the governing body of such consolidated government, at any time from 11:55 o'clock p.m. on Saturdays and the two hours immediately following such time. 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. Approved April 5, 1977. JUVENILE COURT CODE AMENDED. Code Title 24A Amended. No. 724 (Senate Bill No. 100). An Act to amend Code Title 24A, the Juvenile Court Code, as amended, so as to define certain terms; to change the provisions relating to the apprehension, custody and release of children; to provide for the apprehension, custody and release of status offenders; to provide for certain types of detention prior to a court hearing; to provide for release of certain juveniles after a certain period of time; to provide for cost of transporting children to places of detention; to change the provisions relating to places of detention; to prohibit the placement of certain children with adult offenders; to require certain records concerning children held in pretrial detention; to

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limit the number of hours in which a child alleged to be delinquent may be held prior to the informal detention hearing; to provide for the termination of certain proceedings relating to a runaway child; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 24A, the Juvenile Court Code, as amended, is hereby amended by adding at the end of Code section 24A-401 two new subsections to be designated subsections (k) and (l) to read as follows: (k) `Juvenile court intake officer' means the juvenile court judge, referee, court service worker or person employed as a juvenile probation or intake officer designated by the juvenile court judge, or where there is none, the superior court judge, which person is on duty for the purpose of determining whether any child taken into custody should be released or detained, and if detained, the appropriate place of detention. Each superior or juvenile court judge shall provide for one of the above persons to be on duty or on call as an intake officer during each 24-hour period. (l) A status offender is a juvenile who is charged with or adjudicated of an offense which would not be a crime if it were committed by an adult. In other words, the act is only an offense because of the perpetrator's status as a juvenile. Such offenses shall include, but are not limited to, truancy, running away from home, incorrigibility and unruly behavior. Section 2. Said Code Title 24A is further amended by striking Code section 24A-1402 in its entirety and inserting in lieu thereof a new Code section 24A-1402 to read as follows: Code 24A-1402 superseded. 24A-1402. Release, delivery to court, detention. (a) A person taking a child into custody, with all reasonable speed and without first taking the child elsewhere, shall: (1) forthwith release without bond the child to his parents, guardian or other custodian upon their promise to bring the child before the court when requested by the court; or (2) forthwith deliver the child to a medical facility if the child is believed to suffer from a serious physical condition or illness

Page 1239

which requires prompt treatment and upon delivery shall promptly contact a juvenile court intake officer. Immediately upon being notified by the person taking a child into custody, the intake officer shall determine if such child should be released, detained or brought before the court. Prior to an informal detention hearing or committal hearing authorized under Chapter 27-4, such child shall be placed in detention, if necessary, only in such places as are authorized by section 24A-1403; or (3) bring the child immediately before the juvenile court or promptly contact a juvenile court intake officer. The intake officer shall determine if such child should be released or detained. Prior to an informal detention hearing, such child shall be placed in detention, if necessary, only in such places as are authorized by section 24A-1403; or (4) bring the child who is suspected of committing a delinquent act before the superior court of the county where the delinquent act occurred if the act is an act over which the superior court has concurrent jurisdiction as provided in section 24A-301(b); however, pending a committal hearing authorized under Chapter 27-4 or indictment, such child shall be returned and placed in detention, if necessary, only in such places as are authorized by section 24A-1403. (b) If a parent, guardian or other custodian, when requested, fails to bring the child before the court as provided in subsection (a), the court may issue its order directing that the child be taken into custody and brought before the court. If it is necessary to place the child in detention prior to his appearance in court, such child shall be placed in a facility as authorized by section 24A-1403. (c) The person taking a child into custody shall promptly give notice thereof, together with a statement of the reason for taking the child into custody, to a parent, guardian or other custodian and to the court. Any temporary detention or questioning of the child necessary to comply with this section shall conform to the procedures and conditions prescribed by this Code and rules of court. (d) All juveniles subject to the jurisdiction of the juvenile court and alleged to be delinquent or unruly, on application of the parent or guardian, shall have the same right to bail as adults

Page 1240

and the judge shall admit to bail all juveniles under his jurisdiction in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crimes. (e) With respect to a child suspected of being unruly as defined in Code section 24A-401(g) and (h), a person taking such a child into custody shall not exercise custody over such child except for a period of 12 hours. If a parent or guardian has not assumed custody of the child at the end of such period or if the child has not been brought before the juvenile court, or if an intake officer has not made a detention decision, the child shall be released from custody. In no case shall such a child in custody be detained in a jail. Section 3. Said Code Title 24A is further amended by striking in their entirety paragraphs (4) and (5) of subsection (a) of Code section 24A-1403 and inserting in lieu thereof a new paragraph (4) to read as follows: Code 24A-1403 amended. (4) any other suitable place or facility designated or operated by the court; provided, however, that the court shall not designate a place of security, other than a county juvenile detention facility or regional youth development center, unless: (A) the facility in paragraph (3) is not available; and (B) the court or its designated intake officer determines that detention in a place of security is necessary to insure that the child will not harm himself or others; and (C) the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender; provided, however, that a child shall not be incarcerated in such a facility for more than 18 hours. Section 4. Said Code Title 24A is further amended by striking in its entirety subsection (e) of Code section 24A-1403 and inserting in lieu thereof three new subsections, to be designated subsections (e), (f) and (g), to read as follows. Code 24A-1403 further amended.

Page 1241

(e) A child alleged to be unruly may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) or in a secure juvenile detention facility for a period not to exceed 72 hours; provided, however, upon written order of the judge having jurisdiction of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours. A child unruly or alleged to be unruly may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) or in a secure juvenile detention facility. In no case shall an unruly or alleged unruly child be held in a secure detention facility longer than a total period of 72 hours; provided, however, upon written order of the judge having jurisdiction of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours. (f) A child alleged to be deprived may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) or in a shelter care facility operated by the court. (g) All facilities that detain juveniles for pretrial detention shall maintain the following data on each child detained: (1) name; (2) date of birth; (3) sex; (4) race; (5) offense(s) for which being detained; (6) date of and authority for confinement; (7) date of and authority for release or transfer; (8) where transferred or to whom released. Such data shall be recorded and retained by such facility for three years and shall be made available for inspection by any court exercising juvenile court jurisdiction, by the Department of Human Resources and

Page 1242

by the Georgia Council of Juvenile Court Judges during normal business hour. Section 5. Said Code Title 24A is further amended by striking in their entirety subsections (b) and (c) of Code section 24A-1403 and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) A child alleged to have committed an offense over which the superior court has concurrent jurisdiction under Code section 24A-301(b) shall be detained pending a committal hearing under Code Chapter 27-4 or indictment only in a facility described in paragraphs (1) through (3) of subsection (a) unless it appears to the satisfaction of the juvenile court that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults. (c) Following an indictment for an offense over which the superior court has jurisdiction under Code section 24A-301(b) or following the transfer of a case to any court for criminal prosecution under Code Section 24A-2501, the child shall be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime. Section 6. Said Code Chapter 24A is further amended by striking subsection (c) of Code section 24A-1404 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) If a child alleged to be delinquent is not so released, an informal detention hearing shall be held promptly and not later than 72 hours (excluding weekends and holidays) after he is placed in detention to determine whether his detention or shelter care is required under section 24A-1401; provided, however, that with respect to any child alleged to be unruly, the informal detention hearing shall be held promptly and not later than 72 hours. Reasonable notice thereof, either oral or written, stating the time, place and purpose of the detention hearing, shall be given to the child, and if they can be found, to his parents, guardian or other custodian. In the event the child's parents, guardian or other custodian cannot be found, the court shall forthwith appoint

Page 1243

a guardian ad litem. Prior to the commencement of the hearing, the court shall inform the parties of their right to counsel and to appointed counsel if they are needy persons, and of the child's right to remain silent with respect to any allegations of delinquency or unruly conduct. Section 7. Said Code Chapter is further amended by adding following Code section 24A-801 the following Code section 24A-802: 24A-802 Any proceeding relating to a child alleged solely to have deserted without cause his home or place of abode for the first time, and any other processes or actions relating to such action of first impression by the child shall be terminated or dismissed upon the request of the parent or legal custodian of the child. Section 8. This Act shall become effective December 31, 1977. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1977. GEORGIA CRIME INFORMATION CENTERRELEASE OF INFORMATION AUTHORIZED. No. 725 (Senate Bill No. 254). 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), as amended by an Act approved March 24, 1976 (Ga. L. 1976, p. 617), and an Act approved March 31, 1976 (Ga. L. 1976, p. 1401), so as to authorize the dissemination of certain information to certain persons; to authorize the dissemination of certain records by local criminal justice agencies without fingerprint comparison or prior contact with the Georgia Crime Information Center; to

Page 1244

delete the prohibition against the dissemination of certain information by criminal justice agencies other than the Georgia Crime Information Center; to renumber certain provisions of said Act; 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 providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. L. 1973, p. 1301), as amended by an Act approved March 24, 1976 (Ga. L. 1976, p. 617), and an Act approved March 31, 1976 (Ga. L. 1976, p. 1401), is hereby amended by striking subsection (m) of section 3(1) added by said Act approved March 31, 1976 (Ga. L. 1976, p. 1401), in its entirety and substituting in lieu thereof the following: (o) Make records of adjudications of guilt available to private persons and businesses as follows: (1) Make available to employers or their designated representatives, 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, or representatives designated by the owner or manager, 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.

Page 1245

(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 hiring, background investigation 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 or 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.

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Local criminal justice agencies may disseminate records of adjudication of guilt, without fingerprint comparison or prior contact with GCIC, to the same individuals and for the same purposes as described in paragraphs (1) and (2) above, and may charge fees as needed to reimburse such agency for any costs of such checking. (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 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. 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 adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1977.

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INTOXICATING LIQUORSNUMEROUS PROVISIONSPROVIDING TO CENTRAL STATE INMATES PROHIBITED. Act No. 30 (Senate Bill No. 106) Repealed. Code Ch. 58-6 Amended. No. 726 (Senate Bill No. 298). An Act to amend Code Chapter 58-6, relating to miscellaneous provisions relative to intoxicating liquors, as amended, so as to change the provisions relating to the sale of alcoholic beverages near the Central State Hospital; to prohibit the sale, barter or giving away of alcoholic beverages of any kind to any patient or lawful inmate of the Central State Hospital; to prohibit the exposure of alcoholic beverages in certain areas; to provide for penalties; to provide for exceptions; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 58-6, relating to miscellaneous provisions relative to intoxicating liquors, as amended, is hereby amended by striking Code section 58-607, which reads as follows: 58-607. Sale, etc., of liquors near the State Hospital.Any person who shall expose for sale, or sell, barter, or give away alcoholic, vinous, or fermented liquors of any kind, within a distance of two miles from the Central State Hospital buildings, or who shall sell, barter or give away such liquors to any patient or lawful inmate of said Hospital, or to any employee in the service of that institution, shall be punished as for a misdemeanor. This section shall apply only to the county outside of the corporate limits of the city of Milledgeville.,

Page 1248

and inserting in lieu thereof a new Code section 58-607, to read as follows: 58-607. Sale, etc., of liquors near the State Hospital.Any person who shall sell, barter or give away alcoholic beverages of any kind to any patient or lawful inmate of the Central State Hospital, or expose for sale such alcoholic beverages within 200 yards of any building of said hospital in existence on July 1, 1977, shall be punished as for a misdemeanor. Any person who knowingly introduces or possesses any alcoholic beverage, regardless of the minuteness of quantity, upon the grounds of the Central State Hospital or in the buildings of the Georgia War Veterans Home, Milledgeville, Georgia, shall be punished as for a misdemeanor. The provisions of this section shall be subject to the following exceptions: (1) The staff of the Central State Hospital and the Georgia War Veterans Home may administer alcohol in the course of treatment in strict accordance with the prescription of a physician of said hospital or home. (2) Nothing in this section shall be construed as to prevent those staff members who maintain their domicile on the grounds of said hospital from possessing alcoholic beverages for their own consumption, or for that of their family, or for persons invited to their home excepting patients or lawful inmates of the Central State Hospital or the Georgia War Veterans Home. Section 2 . Act No. 30 (Senate Bill 106) passed at the regular 1977 session, which Act amended Code section 58-607, relating to the sale of alcoholic beverages near the State Hospital, is hereby repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1977.

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CEMETERIESPROCEDURES FOR RECLAMATION OF ABANDONED CEMETERY LOTS. Code Ch. 85-4 Amended. No. 727 (Senate Bill No. 87). An Act to amend Code Chapter 85-4, relating to the prescriptive rights in property, as amended, so as to provide for the reclamation and subsequent sale of abandoned cemetery lots; to provide a definition; to provide for proceedings in the superior court; to provide for contents of a petition; to provide for a hearing and for notice thereof; to provide for court orders and for notice thereof; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 85-4, relating to the prescriptive rights in property, as amended, is hereby amended by adding a new section at the end thereof, to be designated Code section 85-420, to read as follows. 85-420. Abandoned cemetery lots; proceedings for reclamation and subsequent sale. (a) As used in this section, `lot' means any lot, or portion of a lot, in a cemetery owned by a county, municipality, or consolidated government which has not been used for the interment of human remains and for which no provision for perpetual care was made at the time the lot was sold or at any time subsequent to the time the lot was sold. (b) The owner, governing board, or other officials having control over a cemetery may maintain in the superior court in the county within which the cemetery is located a proceeding for the termination and forfeiture of the rights and interests of an owner of any lot or lots in said cemetery whenever the present owner of the lot is unknown to the owner, governing board, or other officials and a period of at least 75 years has passed since any portion of the lot has been used for interment purposes.

Page 1250

(c) (1) The proceeding shall be commenced by the filing of a verified petition with the clerk of the superior court. (2) The petition shall: (A) Identify the lot or lots. (B) State that that portion of the lot to be reclaimed has not been used for the interment of human remains, and that a core or sound test has been conducted to determine that that portion contains no remains. (C) State that the present owner of the lot is unknown to the owner, governing board, or other officials. (D) State that a period of at least 75 years has passed since any portion of the lot was used for interment purposes. (E) Request that the court issue an order declaring the lot abandoned and further declaring all of the rights and interests of such owner therein terminated and forfeited. (3) The petition shall be accompanied by an affidavit by the owner, governing board, or other officials that a diligent search to locate the present owner of the lot has been made but that such owner has not been located. (d) Upon the filing of the petition and affidavit, the clerk of the superior court shall fix a time for a hearing on the petition not less than 30 days nor more than 90 days after the date of the filing. (e) (1) Notice of the hearing shall be given by the owner, governing board, or other officials by posting copies of the notice in 3 conspicuous places in the cemetery which is owned or operated by the owner, governing board, or other officials and by mailing a copy of the notice by registered mail to the last known owner of the lot, and a notice of the hearing shall be published once each week for 3 successive weeks in some newspaper of general circulation in said county, the first publication being made not less than 30 days before the date of hearing.

Page 1251

(2) The notice shall identity the lot and shall state: (A) The name and address of the last known owner of the lot. (B) That a hearing will be held to determine whether or not the present owner of the lot shall have his right and interest therein terminated, and forfeited by a declaration of abandonment of the lot. (C) The time and place of the hearing. (f) In the event that upon the hearing the court determines from the evidence presented that the present owner of the lot is unknown, that the board, or other officials, has made a diligent search to locate the present owner, that a period of 75 years or more has passed since any portion of the lot has been used for human interment, and that a core or sound test has been conducted to determine that the lot contains no remains, then a decree shall be entered adjudicating such lot, lots or parts thereof, to have been abandoned, and further ordering the subsequent termination and forfeiture of all rights and interests of such owner therein. (g) The court shall dismiss the proceeding if it determines any of the following from the evidence which is presented: (1) That any of the material facts stated in the petition are not true. (2) The identity of the present owner of the lot is known. (3) That the owner, governing board, or other official has not made a diligent search to locate the present owner. (h) (1) Upon order of the court declaring the lot to be abandoned, the full title to such lot shall revert to the cemetery. (2) The order of the court shall not become final until one year after the date on which it is entered. During that time, any person may petition the court to reopen the proceeding and the court, after notice to the board, or other officials, may reopen the proceeding and may hear and consider any additional evidence

Page 1252

regarding the ownership of the lot, and may modify or amend the order which it made or, if the court makes any of the determinations mentioned by subsection (g), it shall dismiss the proceeding. (i) (1) The cemetery owner, governing board, or other officials shall, within 30 days after the date on which the court order is entered, publish notice of the order once in a newspaper of general circulation in the county in which the cemetery is located and by mailing a copy of the order by registered mail to the last known owner of the lot, or to the last known owner of the right of interment in the lot. (2) The notice which is mailed and published shall identify the lot which is covered by the order and shall state: (A) The name and address of the last known owner of the lot. (B) That the court has ordered that the lot is to be declared abandoned and that the court has further ordered that the rights and interests of such owner therein are to be subsequently terminated and forfeited. (C) The date upon which the order of the court will become final. (j) The lot shall be deemed abandoned and the rights and interest of the present owner therein shall be terminated and forfeited as of the date upon which the order of the court becomes final. Thereafter, the cemetery shall be the owner of the lot and may resell or otherwise recover it. (k) The proceeds derived from any sale of a lot ownership of which is obtained as provided in this section shall be used as follows: (1) First, to reimburse the petitioner for the costs of suit and necessary expenses, including attorney's fees, incurred by the petitioner in the proceeding.

Page 1253

(2) Then, of the remainder of the proceeds: (A) Not less than 75% shall be held in trust and shall be used only for expenses of administration, maintenance, restoration, preservation, and other improvements of the cemetery; and (B) Any amounts remaining thereafter shall be used for immediate improvements and maintenance of the cemetery. (l) In no event shall any existing monument, retaining wall, fence, bench or other ornamentation be altered or removed by petitioner, or his agent or employee, or by any subsequent owner of a lot reclaimed and sold as provided herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1977. DIVORCE AND ALIMONYPROCEDURES CHANGED. Code 30-102 and 30-201 Amended. No. 728 (Senate Bill No. 138). An Act to amend an Act providing for modification of permanent alimony, approved March 9, 1955 (Ga. L. 1955, p. 630), as amended, so as to remove a limitation upon the filing of petitions; to provide that a change in the income and financial status of either spouse shall authorize modification of a judgment for permanent alimony for the support of a wife; to change certain practices and procedures; to provide that the voluntary cohabitation of a wife with a man shall be grounds to modify all provisions made for periodic payments of permanent alimony; to provide for attorney's fees; to amend Code section 30-102, relating to the grounds authorizing the granting of a total divorce, as amended, so as to provide that a divorce shall not be granted on the ground that the marriage is irretrievably broken until not less than 30 days from the date of service on the defendant; to amend Code section 30-201,

Page 1254

relating to permanent and temporary alimony, so as to provide that a wife shall not be entitled to alimony under certain conditions; to require the court in cases in which alimony is sought by a wife to receive certain evidence; to authorize alimony in all other cases; to provide that in determining whether or not to grant alimony to the wife the court may consider certain evidence; to provide for liens upon estates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for modification of permanent alimony, approved March 9, 1955 (Ga. L. 1955, p. 630), as amended, is hereby amended by striking section 1 thereof in its entirety, and substituting in lieu thereof a new section 1, to read as follows: Section 1. (a) The judgment of a court providing permanent alimony for the support of a wife shall be subject to revision upon petition filed by either spouse showing a change in the income and financial status of either spouse. The judgment of a court providing permanent alimony for the support of a child or children shall be subject to revision upon petition filed by either spouse showing a change in the income and financial status of the husband. In either case such petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. No petition may be filed by either spouse under this Act within a period of two years from the date of the filing of a previous petition by said spouse. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded, by either party, may modify and revise the previous judgment so as to provide for the wife or child or children, or both, in accordance with the changed income and financial status of either spouse in the case of permanent alimony for the support of a wife or in accordance with the changed income and financial status of the husband in the case of permanent alimony for the support of a child or children, if such a change in the income and financial status is satisfactorily proved, so as to warrant such modification and revision. In the hearing upon a petition filed as provided herein, testimony may be given and evidence introduced relative to the income and financial status of either spouse.

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(b) Subsequent to a final judgment of divorce awarding periodic payment of alimony for the support of the wife, the voluntary cohabitation of the former wife with a man shall also be grounds to modify provisions made for periodic payments of permanent alimony for the support of the former wife. As used herein, the word cohabitation shall mean dwelling together continuously and openly. In the event the petitioner does not prevail in his petition for modification on the ground as set forth herein, he shall be liable for reasonable attorney's fees incurred by the respondent for the defense of the said action. Section 2. Said Act is further amended by striking from section 2 the following: of the husband, and substituting in lieu thereof the following: of the husband in cases of permanent alimony for the support of a child or children or of either spouse in cases of permanent alimony for the support of a wife, so that when so amended, section 2 shall read as follows: Section 2. Upon such an application, as hereinbefore authorized, the merits of whether the wife, or child or children, or both are entitled in alimony and support are not in issue, but only whether there has been such a substantial change in the income and financial status of the husband in cases of permanent alimony for the support of a child or children or of either spouse in cases of permanent alimony for the support of a wife as to warrant either a downward or upward revision and modification of the permanent alimony judgment. Section 3. Code section 30-102, relating to the grounds authorizing the granting of a total divorce, as amended, is hereby amended by adding to the end of subsection 13 of said Code section the following: Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the defendant.,

Page 1256

so that when so amended, subsection 13 shall read as follows: 13. The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the defendant. Section 4. Code section 30-201, relating to permanent and temporary alimony, is hereby amended by adding at the end of said Code section the following: The wife shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by the wife's adultery or desertion. In all cases in which alimony is sought by the wife, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court. In all other cases in which alimony is sought by the wife, alimony is authorized, but not required, to be awarded to the wife in accordance with her needs and the husband's ability to pay. In determining whether or not to grant alimony to the wife, the court shall also consider evidence of the husband's conduct toward the wife. Should the husband die prior to the court's order on the issues of alimony, the rights of the wife shall survive and be a lien upon the estate of the deceased. Pending final determination by the court of the wife's right to alimony, the husband shall not make any substantial change in the assets of his estate except in the course of ordinary business affairs and bona fide transfers for value., so that when so amended, Code section 30-201 shall read as follows: 30-201. Definition. Permanent and temporary.-Alimony is an allowance out of the husband's estate, made for the support of the wife when living separate from him. It is either temporary or permanent. The wife shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by the wife's adultery or desertion. In all cases in which alimony is sought by the wife, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce,

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regardless of the grounds upon which a divorce is sought or granted by the court. In all other cases in which alimony is sought by the wife, alimony is authorized, but not required, to be awarded to the wife in accordance with her needs and the husband's ability to pay. In determining whether or not to grant alimony to the wife, the court shall also consider evidence of the husband's conduct toward the wife. Should the husband die prior to the court's order on the issues of alimony, the rights of the wife shall survive and be a lien upon the estate of the deceased. Pending final determination by the court of the wife's right to alimony, the husband shall not make any substantial change in the assets of his estate except in the course of ordinary business affairs and bona fide transfers for value. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1977. DISTRICT ATTORNEYSCOMPREHENSIVE REGULATIONS. Code Ch. 24-29 Amended. No. 729 (Senate Bill No. 145). An Act to amend Chapter 24-29 of the Code of Georgia, as amended, relating to District Attorneys so as to revise and bring up to date said Code Chapter by codifying certain Acts of the General Assembly; to strike section 24-2904 relating to the salary and fees of the District Attorneys; to provide that the District Attorney is the successor to the office of Solicitor-General; to strike section 24-2905 relating to the Certificate of Service of District Attorneys; to codify that portion of an Act approved April 8, 1968 (Ga. L. 1968, p. 992) relating to the salary, supplements, disposition of fees of District Attorneys and private practice of District Attorneys as a new section 24-2905; to provide for travel expenses for District Attorneys and certain Assistant District Attorneys; to provide for the compensation of attorneys acting as District Attorney pro tem;

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to provide for the payment of the bill of costs in certain appeals by the State; to provide for the prosecution of and expenses in cases removed to a United States District Court; to repeal section 24-2910 relating to the reporting of the disposition or status of such cases and the payment of fees in cases removed to the United States Courts by writ of habeas corpus sum causa; to provide for the appointment, duties, qualifications and compensation of Assistant District Attorneys and secretaries; to provide for additional staff; to provide that the District Attorney and certain Assistant District Attorneys, Deputy District Attorneys and other attorneys may not engage in the private practice of law; to provide for the offices, utilities and certain other expenses of the District Attorneys by the county or counties comprising the judicial circuit; to provide the qualifications and duties of the Chief Assistant District Attorney, to codify the provisions of an Act approved March 9, 1956 (Ga. L. 1956, p. 719), relating to the appointment of the District Attorney as counsel for certain State officers in certain cases; to repeal an Act providing for an annual contingent expense allowance for each of the District Attorneys of the Superior Courts, approved March 10, 1966 (Ga. L. 1966, p. 438), as amended by an Act approved April 1, 1968 (Ga. L. 1968, p. 535); to repeal an Act providing for leaves of absence for District Attorneys called into military service during World War II, approved March 15, 1943 (Ga. L. 1943, p. 1142); to repeal an Act authorizing 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); an Act approved April 18, 1975 (Ga. L. 1975, p. 821); an Act approved March 18, 1976 (Ga. L. 1976, p. 526); and an Act approved March 24, 1976 (Ga. L. 1976, p. 673); to repeal an Act to provide a salary from State funds for each Solicitor-General of the Superior Court, approved April 8, 1968 (Ga. L. 1968, p. 992), as amended by an Act providing that a District Attorney being compensated on a fee basis could elect to come under the provisions of Ga. Laws 1968, p. 992, approved February 9, 1970 (Ga. L. 1970, p. 12); to repeal an Act striking the words Solicitor-General and substituting the words District Attorney in the several Acts and resolutions of this State, approved April 28, 1969 (Ga. L. 1969, p. 929); to repeal an Act

Page 1259

authorizing the Attorney General to order any Solicitor-General to represent or counsel certain officials and employees charged with violating federal laws or regulations, approved March 9, 1956 (Ga. L. 1956, p. 719); to provide that the repeal of said Acts shall not revive or restore any statute of this State heretofore amended, repealed or superseded; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 24-29 of the Code of Georgia, as amended, relating to District Attorneys, is hereby amended by striking section 24-2904 relating to the Salary and fees of the District Attorney in its entirety and inserting in lieu thereof a new section 24-2904, as follows: Code 24-2904 superseded. 24-2904. District Attorney Successor to Solicitor-General. The District Attorney is the successor to the office of Solicitor-General as it heretofore existed. Whenever the title `Solicitor-General' shall appear in the several laws and decisions of this State, it shall be interpreted as meaning the District Attorney. Section 2. Said Chapter 24-29 is further amended by striking section 24-2905 relating to the Certificate of Service of the District Attorney in its entirety and inserting in lieu thereof a new section 24-2905 as follows: Code 24-2905 superseded. 24-2905. Compensation of District Attorneys. (a) Each District Attorney shall receive an annual salary as prescribed by law which shall include the sum prescribed by the provisions of Article VI, section XII, Paragraph I of the Constitution of the State of Georgia (Code section 2-4701), payable in equal monthly installments from State funds as may be available for the operation of the Superior Courts of this State. (b) The county or counties comprising the judicial circuit may supplement the salary of the District Attorney in such amount as is or may be authorized by local Act. (c) All fees, fines, forfeitures, costs and commissions formerly allowed District Attorneys for their services as District Attorney or as Solicitor of any other court shall become the property of the

Page 1260

county in which the services of the District Attorney were rendered. The Clerk of Court shall collect any such fees, fines, forfeitures, costs and emoluments and remit the same to the county treasury by the 15th day of each month. (d) No District Attorney receiving an annual salary under the provisions of this section shall engage in the private practice of law. Section 3. Said Chapter 24-29 is further amended by adding a new section 24-2905.1 as follows: 24-2905.1. Travel Expenses. (a) The District Attorney and any Assistant District Attorney appointed pursuant to section 24-2919.1 shall be entitled to receive, in addition to such other compensation as may be provided by law, reimbursement for actual expenses incurred outside of the county in which the principal office of the District Attorney or such Assistant District Attorney (if separate from the principal office of the District Attorney) is located. Code 24-2905.1 added. (b) The expenses provided for shall be paid for the following purposes and in the following manner: (1) For transportation within the State of Georgia by privately owned motor vehicle, reimbursement shall be at the same rate as is or may be hereafter authorized by law for the reimbursement of the travel expenses of the officers, officials and employees of the various departments, institutions, boards, bureaus and agencies of the State of Georgia. No reimbursement shall be made where the travel was conducted in a motor vehicle owned by the State of Georgia or any of its political subdivisions or in a rental automobile. (2) If transportation is by public conveyance, the actual cost of such transportation shall be reimbursed. (3) The actual cost of meals and lodging incurred up to a maximum of $25.00 per day shall be reimbursed. (4) The District Attorney shall once a month submit a detailed and certified statement of the items of expense due each

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person as authorized by this section to the State Auditor. The State Auditor shall audit each amount and, if found correct, approve the sale for payment and transmit the amount due each person to the Fiscal Division of the Department of Administrative Services for the payment from the funds available for the operation of the Superior Courts of this State. Section 4. Said Chapter 24-29 is further amended by striking section 24-2906 relating to State payment of the fees of the District Attorney for services performed in the appellate courts, and inserting in lieu thereof a new section 24-2906 as follows: 24-2906. Costs in appellate courts. The bill of costs in appeals or applications filed in the Supreme Court or Court of Appeals on behalf of the State of Georgia by the District Attorney shall be paid by the State. Code 24-2906 superseded. Section 5. Said Chapter 24-29 is further amended by striking section 24-2909 relating to the Representation of the State in certain cases transferred to the United States Courts, and inserting in lieu thereof a new section 24-2909 as follows: Code 24-2909 superseded. 24-2909. Representation of the State in Cases Removed to a United States District Court. Whenever any criminal prosecution commenced by the State of Georgia against any person for a violation of the laws of this State, shall be removed to a United States District Court pursuant to Chapter 89 of Title 28 of the United States Code, as it is or hereafter may be amended, it shall be the duty of the District Attorney of the circuit from which the case was removed in association with the Attorney General, to appear for the State, as the prosecuting officers of the State of Georgia. The expenses incurred by the District Attorney as actual costs in the prosecution of any such case shall be paid by the State out of such funds as may be provided for the operation of the Superior Courts or as otherwise may be provided by law. Section 6. Said Chapter 24-29 is further amended by striking section 24-2910 relating to the annual reporting of the status or disposition of cases transferred to the United States Courts to the Governor and the payment of the fees in such cases in its entirety. Code 24-2910 repealed.

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Section 7. Said Chapter 24-29 is further amended by striking section 24-2914 relating to an attorney acting as District Attorney, the laws governing fees, in its entirety and inserting in lieu thereof the following: Code 24-2914 superseded. 24-2914. Attorney Acting As District Attorney. A private attorney acting as District Attorney pro tem pursuant to section 24-2913 is subject to all laws governing District Attorneys and shall receive the same compensation from the State at the same rate as the District Attorney during the term of such appointment and shall incur the same penalties in the discharge of his duties. Provided nothing herein shall affect the provisions of section 2 of an Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended, particularly by an Act approved April 18, 1975 (Ga. L. 1975, p. 879, Ga. Code Ann. 40-1612). Section 8. Said Chapter 24-29 is further amended by adding a new section 24-2919 as follows: 24-2919. District Attorney, Staff Code 24-2919 created. 24-2919.1. Assistant District AttorneysCompensation. (a) The District Attorney in each judicial circuit may appoint as many Assistant District Attorneys as there are Superior Court Judges, not including Emeritus Judges, who shall serve at the pleasure of the District Attorney. (b) An Assistant District Attorney appointed under this section shall be compensated in an amount to be fixed by the District Attorney but not to exceed $14,500 per annum during the first two years of service of such an Assistant District Attorney. (c) Effective the last day of the second year of service by such Assistant District Attorney such compensation may be increased to an amount not to exceed $16,500 per annum. Such compensation shall thereafter be increased by $500 for each subsequent year of service completed by such Assistant District Attorney, until such time as the maximum compensation shall equal $20,000 per annum. Any increase in compensation shall be at the discretion of the District Attorney.

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(d) The compensation provided for in this section shall be paid from State funds in equal monthly installments by the Director of the Fiscal Division of the Department of Administrative Services, upon being presented certification from the District Attorney and the chief or presiding Judge of the Superior Court of the judicial circuit as to the employment of an Assistant District Attorney appointed under this section. (e) The county or counties comprising a judicial circuit may supplement the salary of any Assistant District Attorney appointed under this section. (f) Except for the salary of the Director of a Prosecutorial Clinic established with the approval of the Prosecuting Attorneys' Council at a law school accredited by the American Bar Association or where the State is required by law to provide partial compensation of personnel employed pursuant to a federal grant, only Assistant District Attorneys appointed pursuant to section 24-2919.1 shall be compensated from State funds. 24-2919.2. Clerical Assistance. (a) The District Attorney in each Judicial Circuit may employ a secretary as provided for by section 1C or 1D of Ga. Laws 1957, p. 273, as amended by Ga. Laws 1972, p. 617 and Ga. Laws 1975, p. 1506 and as they may hereafter be amended. (b) The county or counties comprising a judicial circuit may supplement the salary of any secretary appointed under this section. 24-2919.3. Additional Staff. (a) The District Attorney in each judicial circuit may employ such additional Assistant District Attorneys, Deputy District Attorneys or other attorneys, investigators, paraprofessionals, clerical assistants and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county or counties comprising the judicial circuit. The District Attorney shall define the duties and fix the title of any attorney or other employee of the District Attorney's office. (b) Personnel employed by the District Attorney pursuant to this section shall be compensated by the county or counties comprising

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the judicial circuit, the manner and amount of compensation to be paid to be fixed either by local Act or by the District Attorney with the approval of the county or counties comprising the judicial circuit. 24-2919.4. Staff Qualifications, Duties, Etc. (a) Any Assistant District Attorney, Deputy District Attorney or other attorney-at-law employed by the District Attorney who is compensated in whole or in part by State funds shall not engage in the private practice of law. (b) Any Assistant District Attorney, Deputy District Attorney or any other attorney-at-law employed by the District Attorney shall be a member of the State Bar of Georgia, admitted to practice before the appellate courts of this State and shall serve at the pleasure of the District Attorney and shall have such authority, powers and duties as may be assigned by the District Attorney. (c) Any investigator employed by the District Attorney's office and authorized by the District Attorney to carry weapons or to exercise any of the powers of a peace officer of this State, shall meet the requirements of the Georgia Peace Officer Standards and Training Act, as now or hereafter amended, and shall serve at the pleasure of the District Attorney. 24-2919.5. Office Expenses. The governing authority of the county or counties comprising each judicial circuit shall provide all offices, utilities, telephone expenses, materials and supplies as may be necessary to equip, maintain and furnish the office or offices of the District Attorney in an orderly and efficient manner. 24-2919.6. The provisions of this section shall be cumulative to any rights heretofore granted by law. Section 9. Said Chapter 24-29 is further amended by adding a new section 24-2920 as follows: 24-2920. Chief Assistant District Attorney. (a) The District Attorney may designate in writing an Assistant District Attorney as the Chief Assistant District Attorney. In addition to the duties as an Assistant District Attorney, the Chief Assistant District Attorney shall have such administrative and supervisory duties as may be assigned by the District Attorney. Code 24-2920 added.

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(b) In the event of the absence or disability of the District Attorney, the Chief Assistant District Attorney shall have the same power, duties and responsibilities as the District Attorney. Section 10. Said Chapter 24-29 is further amended by adding a new section 24-2921 as follows: 24-2921. Appointment of District Attorney as counsel for State officers investigated, charged, accused or indicted for federal violation arising out of performance of duty. The Attorney General of Georgia, in his discretion, is hereby authorized to order any District Attorney of this State to advise, counsel or represent any law enforcement official or employee or any other public official or employee of any political subdivision of this State, if such official or employee has been charged, accused or indicted relative to the alleged violation of any federal statute or federal rule or regulation of any kind, if such alleged violation occurred as a result of the performance of the official duties of such official or employee. Under the same procedure, any District Attorney may likewise be directed to advise with any such official or employee who shall be investigated or questioned in any manner by any federal official or employee relative to the performance of his duties, or relative to the laws, or ordinances, or rules and regulations, or judicial procedures of this State or any political subdivision thereof, or of any court within this State. Code 24-2921 added. Section 11. The following Acts are hereby repealed in their entirety: Acts repealed. (a) An Act providing for an annual contingent expense allowance for each of the District Attorneys of the Superior Courts, approved March 10, 1966 (Ga. L. 1966, p. 438), as amended by an Act approved April 1, 1968 (Ga. L. 1968, p. 535). (b) An Act providing for leaves of absence for District Attorneys called into military service during World War II, approved March 15, 1943 (Ga. L. 1943, p. 1142). (c) An Act authorizing 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.

Page 1266

1971, p. 451), an Act approved March 20, 1974 (Ga. L. 1974, p. 360); an Act approved April 18, 1975 (Ga. L. 1975, p. 821); an Act approved March 18, 1976 (Ga. L. 1976, p. 526); and an Act approved March 24, 1976 (Ga. L. 1976, p. 673). (d) An Act to provide a salary from State funds for each Solicitor-General of the Superior Courts, approved April 8, 1968 (Ga. L. 1968, p. 992), as amended by an Act providing that a District Attorney being compensated on a fee basis could elect to come under the provisions of Ga. Laws 1968, p. 992, approved February 9, 1970 (Ga. L. 1970, p. 12). (e) An Act to amend all Acts, Resolutions and Code sections in which the phrase Solicitor-General appears by striking the said phrase and substituting in lieu thereof the phrase District Attorney, approved April 28, 1969 (Ga. L. 1969, p. 929). (f) To repeal an Act authorizing the Attorney-General to order any Solicitor-General to advise, counsel, or represent certain officials or employees charged with violating federal statutes or regulations, approved March 9, 1956 (Ga. L. 1956, p. 719). Section 12. The repeal of the Acts described in section 11 of this Act shall not revive or restore any statute of this State or any part thereof, heretofore amended, repealed or superseded. Non-revival provision. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1977. CRIMINAL LAWBAD CHECKSEVIDENCE. Code 26-1704 Amended. No. 730 (Senate Bill No. 295). An Act to amend Code section 26-1704, relating to bad checks, so as to provide what constitutes prima facie evidence of criminal issuance of bad checks; to provide for service

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charges, notice and immunity; to provide what constitutes prima facie evidence of identity of certain parties issuing instruments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-1704, relating to bad checks, is hereby amended by striking in its entirety subsection (a), which reads as follows: (a) A person commits criminal issuance of a bad check when he makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this section, it is prima facie evidence that the accused knew that the instrument would not be honored, if: (1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; or (2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery and the accused failed to make good within 10 days after receiving notice of that refusal or after a certified letter notifying the drawer of the refusal is sent to the drawer at the address given by the drawer to the payee when the check was drawn or if no address was given by the drawer, to the address printed on the check., and inserting in lieu thereof a new subsection (a) to read as follows: (a) A person commits criminal issuance of a bad check when he makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this section, it is prima facie evidence that the accused knew that the instrument would not be honored, if: (1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; or

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(2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery and the accused, or someone for him, shall not have paid the holder thereof the amount due thereon, together with a service charge not to exceed $5.00 or 5 percent of the face amount of the instrument, whichever is greater, within 10 days after receiving written notice that payment was refused upon such instrument. For purposes of this subsection (2): (A) Notice mailed by certified or registered mail, evidenced by return receipt, to the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the person making, drawing, uttering or delivering said instrument whether such notice shall be returned undelivered or not. (B) The form of notice shall be substantially as follows: (C) Any party holding a worthless check or instrument and giving notice in substantially similar form to that provided in subparagraph (B) shall be immune from civil liability for the giving of such notice and for proceeding under the forms of such notice. Section 2. Said Code section is further amended by adding immediately following subsection (d) thereof a new subsection, to be designated subsection (e), to read as follows:

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(e) In any prosecution or action under the provisions of this section, a check, draft, or order for which the information required in subparagraphs (1) and (2) of this subsection (e) is available at the time of issuance shall constitute prima facie evidence of the identity of the party issuing the check, draft, or order and that such person was a party authorized to draw upon the named account. (1) To establish this prima facie evidence, the following information regarding the identity of the party presenting the check, draft or order shall be obtained by the party receiving such instrument: The full name, residence address, and home phone number. Such information may be provided by either of two methods: (A) Such information may be recorded upon the check or instrument itself; or (B) The number of a check-cashing identification card issued by the receiving party may be recorded on the check. Such check-cashing identification card shall be issued only after the information required in subparagraph (1) has been placed on file by the receiving party. (2) In addition to the information required in subparagraph (1), the party receiving a check shall witness the signature or endorsement of the party presenting such check, and, as evidence of such, the receiving party shall initial the check. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1977.

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TRAPPERS AND FUR DEALERSREGULATIONS. No. 731 (Senate Bill No. 303). An Act to provide requirements relative to trappers and fur dealers; to provide for definitions; to provide for unlawful trapping and other activities relative thereto; to provide trapping only during certain periods; to provide that trappers and fur dealers must be licensed; to provide certain conditions relative to nonresident trappers and fur dealers' licenses; to provide for records of fur dealers; to provide the amount of a nonresident fur dealer's license; to provide for the construction of this Act; to provide for penalties; to provide that it shall be unlawful to take rabbits or hares in this State except during the lawful hunting season; to provide for additional 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. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings: (a) Board means the Board of Natural Resources. (b) Commissioner means the Commissioner of Natural Resources. (c) Department means the Department of Natural Resources. (d) Furbearing animal means any mink, otter, raccoon, fox, opossum, muskrat, skunk, bobcat or weasel. (e) Fur dealer means a person who purchases or sells raw undressed hides, furs, pelts or skins of furbearing animals; provided, however, those persons engaged in wholesale or retail furrier operations, that is those who engage in the manufacture or production of finished fur products, shall not be fur dealers for purposes of this Act.

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(f) Person means any individual, partnership, firm, corporation, association or other entity. (g) Trap or trapping means taking, killing or capturing wildlife with traps or deadfalls or other devices commonly used to take wildlife, and includes all lesser acts such as placing, setting or staking such traps, deadfalls and other devices whether they result in taking or not and every attempt to take and every act of assistance to any person in taking or attempting to take wildlife with traps, deadfalls or other devices. (h) Wildlife means any vertebrate or invertebrate animal life indigenous to this State or any species introduced or specified by the Board and includes mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks or any part thereof. (i) Professional trapper means a person who traps on any land other than that belonging to himself or to his immediate family. (j) Immediate family means son, daughter, father, mother, brother, sister, granddaughter, grandson or spouse. (k) Agent means any person who represents the owner of or dealer in furs for the purpose of selling such furs. Section 2. Unlawful trapping and activities relative thereto. (a) It shall be unlawful for any person to: (1) Trap any wildlife upon the right-of-way of any public road or highway of this State. (2) Trap any wildlife upon the lands or in the waters of any other person except with the written consent of the owner of such lands or waters, which written consent shall be upon the person setting or using the traps. (3) Trap any wildlife without inspecting the traps used for such purpose at least once during each 24-hour period and removing from such traps any wildlife caught therein.

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(4) Trap any wildlife by the use of traps which are not stamped with the owner's name in such a manner that the same shall be legible at all times. Any trap or traps found that are not stamped as required herein may be confiscated and destroyed by the Department, its officers and conservation rangers. (5) Ship or otherwise remove or cause to be removed from the confines of this State any raw or undressed hide, fur, pelt or skin of any furbearing animal without first making a report to the Department of such removal on forms to be furnished by the Department for such purpose. (6) Fail to carry a weapon of.22 caliber rim fire while tending traps and to use such weapon to dispatch any furbearing animal found in such trap, which animal is to be taken by said person. (7) Fail to carry a choke stick or similar device while tending traps, which device shall be used for releasing domestic animals. (8) Set on land any trap larger than a number two trap; provided, however, nothing herein shall be construed to restrict the type of trap which may be used in water. (9) Sell the fur, hide or pelt of any domestic dog or cat caught by a trap. (b) Any person violating any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 3. Trapping unlawful except furbearers during certain periods. (a) Except as otherwise specifically provided, it shall be unlawful to trap any wildlife during the period between November 20 and February 29, except that it shall not be unlawful to trap a furbearing animal during such period or portion thereof as may be designated by the Board as an open trapping season for such furbearing animal. (b) In accordance with subsection (a) of this section, and as may be appropriate in accordance with sould wildlife management principles, the Board is hereby authorized to promulgate

Page 1273

rules and regulations establishing open seasons for the trapping of furbearing animals. (c) Notwithstanding subsection (a) of this section, it shall be lawful to trap beaver at any time during the year. (d) 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 4. Trappers must be licensed. It shall be unlawful for any person to engage in business as a trapper unless such person or his agent has a current valid license to trap issued by the Department. The annual fee for such licenses shall be (a) professional trapper's license$25.00, (b) landowner or his immediate family's license to trap on landowner's private property$0.00, (c) nonresidents professional trappers' licenses$250.00. 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 5. Conditions for a nonresident trapper's license. (a) Upon application for a nonresident trapper's license, the person making such application must do one of the following: (1) Post a cash forfeiture bond in the form prescribed by the Board in favor of the State of Georgia in the amount of $2,500, conditioned upon faithful compliance with the laws of this State and regulations of the Board governing trappers and trapping; or (2) File with the Commissioner a forfeiture bond in the form prescribed by the Board executed by a bonding, surety or insurance company licensed to do business in this State in favor of the State in the amount of $2,500, conditioned upon faithful compliance with the laws of this State and regulations of the Board governing trappers and trapping. (b) The term of the bond provided for in paragraphs (1) and (2) of subsection (a) above shall be for one year and shall correspond to the period of the license. The Commissioner shall have the right to recover on the bond for the breach of its conditions

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whenever the fur dealer violates the laws of this State governing trappers or trapping or any rule or regulation promulgated by the Board pursuant thereto, as follows: (1) First violation$500; (2) Second violation within a two-year period of time of any prior violation$1,000; (3) Third violation within a two-year period of time of any violation$2,500; (4) All subsequent violations within a two-year period of time of any prior violation$2,500. (c) Every breach or violation shall carry over to all succeeding bonds filed under this section. The aggregate liability shall not exceed the amount of the bond; however, in the event that the total amount of any bond is forfeited, the nonresident trapper's license shall be suspended until a new bond is filed covering the remainder of the period of the license, and it shall be unlawful and punishable under section 4 of this Act for such trapper to trap at any time during the suspension of such license. Section 6. Fur dealers must be licensed. It shall be unlawful for any person to engage in business as a fur dealer unless such person has a current valid license to engage in such business issued by the Department. 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 7. Conditions for fur dealer's license. (a) Upon application for a fur dealer's license, the person making such application must do one of the following: (1) Post a cash forfeiture bond in the form prescribed by the Board in favor of the State of Georgia in the amount of $5,000, conditioned upon faithful compliance with the laws of this State and regulations of the Board governing fur dealers; or (2) File with the Commissioner a forfeiture bond in the form prescribed by the Board executed by a bonding, surety or insurance

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company licensed to do business in this State in favor of the State in the amount of $5,000, conditioned upon faithful compliance with the laws of this State and regulations of the Board governing fur dealers. (b) The term of the bond provided for in paragraphs (1) and (2) of subsection (a) above shall be for one year and shall correspond to the period of the license. The Commissioner shall have the right to recover on the bond for the breach of its conditions whenever the fur dealer violates the laws of this State governing fur dealers or any rule or regulation promulgated by the Board pursuant thereto, as follows: (1) First violation$500; (2) Second violation within a two-year period of time of any prior violation$1,000; (3) Third violation within a two-year period of time of any violation$5,000; (4) All subsequent violations within a two-year period of time of any prior violation$5,000. (c) Every breach or violation shall carry over to all succeeding bonds filed under this section. The aggregate liability shall not exceed the amount of the bond; however, in the event that the total amount of any bond is forfeited, the fur dealer's license shall be suspended until a new bond is filed covering the remainder of the period of the license, and it shall be unlawful and punishable under section 6 of this Act for such fur dealer to engage in business as such at any time during the suspension of such license. Section 8. Records of fur dealers. (a) It shall be unlawful for any person to engage in business as a fur dealer unless such person files an annual report with the Department not later than sixty days after the close of the trapping season. Such report shall list the number of each type of hide, fur, skin or pelt purchased during the preceding year, the date of purchase, and the name of the person from whom purchased and shall be submitted on forms provided by the Department. In addition, each fur dealer

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shall maintain in a legible manner on his business premises a listing of furs currently on hand showing each type of hide, fur, skin or pelt purchased, the date of purchase, and the name of the person from whom purchased. (b) Conservation rangers and other authorized representatives of the Department shall be authorized to enter the premises of a fur dealer, during normal working hours and at any other time when the licensed activity is being conducted, for the purpose of inspecting the premises and the records maintained by such fur dealer pursuant to subsection (a) of this section; provided, however, this authority may not be exercised without the express permission of the fur dealer. (c) Any person violating the provisions of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 9. Service of process for licensees or license applicants. All applications to the Department for any license or permit or license and permit required by this Act shall designate an address in Georgia where the applicant can be personally served with legal process, or shall contain an appointment of an agent in Georgia for acceptance of service of legal process together with the agent's Georgia address, or shall contain a designation of the Secretary of State of Georgia for acceptance of service of legal process. A copy of any application so designating the Secretary of State shall be forwarded by the Department to the Secretary of State. The filing of an application with the Department for a license or permit or both shall constitute an admission by the applicant that the applicant is doing business in Georgia. Section 10. License or permit denial, revocation, suspension or nonrenewal. (a) Upon a determination by the Commissioner that a person has violated any provision of this Act or any rule or regulation promulgated pursuant thereto, the Commissioner may revoke, suspend, deny or refuse to renew any license or permit or both required by the provisions of this Act which is held by or has been applied for by such person, for a period of up to two (2) years following the determination of such violation. Provided, however, the license or permit, or both, to be revoked, suspended, denied or not renewed must not be unrelated to the

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violation determined by the Commissioner. The licensee, permit holder or applicant for a license or permit, or both, shall be notified of the proposed revocation, suspension, denial or nonrenewal personally or by a letter sent by certified mail to the name and address indicated on the application for such license or permit, or both, or to the Secretary of State as provided in section 9. Such proposed revocation, suspension, denial or nonrenewal shall become final thirty (30) days after issuance if not appealed as provided in this section. (b) Any person whose license, permit or application for a license or permit, or both, is proposed for revocation, suspension, denial or nonrenewal shall, upon petition within thirty (30) days of issuance of notice given as hereinabove stated, has the right to a hearing before a hearing officer appointed by the Board. The initial hearing, and any administrative review thereof, shall be conducted in accordance with an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended; provided, however, any administrative review of the initial decision of such hearing officer shall be by five (5) members of the Board selected by the Board, to be known as the Administrative Review Committee. The full Board shall, upon application of any aggrieved party or upon its own motion, review any decision of the Administrative Review Committee. (c) Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the Administrative Review Committee of the Board is entitled to judicial review as provided in an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. Section 11. Administrative penalties. In addition to the authority heretofore granted in section 9 and section 10 to revoke, suspend, deny or refuse to renew any license or permit, or both, the Commissioner or the Board, or the Commissioner and the Board, may impose a reasonable penalty, with the written consent of the affected party or parties, not to exceed one thousand dollars ($1,000.00) for each and every violation, in lieu of revocation, suspension, denial or nonrenewal of a license or permit

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or both. All penalties recovered by the Commissioner as provided herein shall be paid into the general fund of the State treasury. Section 12. Rabbits and hares. (a) Except as otherwise provided in subsections (b) and (c) of this section, it shall be unlawful for any person to take rabbits or hares in this State except during the lawful hunting season as prescribed by law or rules and regulations of the Board. (b) Minors under sixteen years of age may trap or capture rabbits or hares at any time by the use of rabbit boxes or similar traps, and such minors may sell such rabbits or hares when the same are purchased for use at field trials licensed or sanctioned by the American Kennel Club. (c) The prohibitions of this section shall not apply to domestic rabbits. (d) 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 13. Construction. This Act is hereby declared to be cumulative of and supplemental to any heretofore existing laws of this State relating to trapping and fur dealers and not in lieu of such laws, except to the extent that the provisions of this Act conflict with any such heretofore existing laws, and in the event of such conflict, it is the intention of the General Assembly that the provisions of this Act shall control. It is also the intention of the General Assembly that the provisions of this Act shall control over any conflicting provisions of any other law enacted at the 1977 session of the General Assembly, but except to the extent of such conflict, this Act is hereby declared to be cumulative of and supplemental to any other law enacted at the 1977 session of the General Assembly. Section 14. 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 15. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1977. CHILD SUPPORT RECOVERY ACT CLARIFIED. No. 732 (House Bill No. 322). An Act to amend an Act known as the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, so as to clarify the responsibility of officials of the Department of Revenue to disclose to officials of the Department of Human Resources income tax information pertaining to parents of children for whom the Department of Human Resources has assignments to child support rights; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, is hereby amended by striking subsection (c) of section 8 of said Act, which reads 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

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department, board, commission, bureau or agency shall promptly provide such information to the Commissioner or his duly appointed representative., 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 for whom the Department has assignment of child support rights. 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, income tax information contained in any report or return required under the Income Tax Act of 1931 by the Georgia Department of Revenue, including information from federal income tax returns required to be included as a part of any State report or return, which information but for this section would not be subject to disclosure pursuant to the provisions of Code section 92-3216, and which is relative to such parents' location, income or property: Provided that any tax information secured from the federal government by the Georgia Department of Revenue, pursuant to the express provisions of section 6103 of the Internal Revenue Code of 1954, may not be disclosed by that Department pursuant to this subsection. Any person receiving any tax information or tax returns under the authority granted in this subsection shall be considered either an officer or employee as those terms are used in the first paragraph of Code section 92-3216, and as such an officer or employee, any person receiving any tax information or returns under the authority of this section shall be subject to the provisions of Code section 92-9914, relating to the sanctions to be imposed for the unauthorized disclosure of confidential material. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1977. INSURANCE CODECOMMISSIONER AUTHORIZED TO WAIVE PENALTIES. Code Ch. 56-13 Amended. No. 733 (Senate Bill No. 257). An Act to amend Code Chapter 56-13, relating to fees and taxes under the Georgia Insurance Code, as amended, so as to authorize the Insurance Commissioner to waive the collection of any amount due the State as a penalty under the provisions of Code Title 56, the Georgia Insurance Code, providing for fees, premium taxes, or other miscellaneous charges collected by the Insurance Commissioner, whenever, or to the extent that, he may determine that default giving rise to such penalty was due to reasonable cause and not due to gross or willful neglect or disregard of the law, regulations, or instructions pertaining thereto; to provide that ocean marine and foreign trade insurances shall be subject to the requirements of the Surplus Lines Insurance Law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-13, relating to fees and taxes under the Georgia Insurance Code, as amended, is hereby amended by adding at the end thereof a new Code section 56-1314, to read as follows: Section 56-1314. Authority of Insurance Commissioner to waive penalties. The Insurance Commissioner is authorized to waive the collection of any amount due the State as a penalty under provisions of `The Georgia Insurance Code', providing for fees, premium taxes, or other miscellaneous charges collected by the Insurance Commissioner, whenever, or to the extent that, he

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may determine that the default giving rise to such penalty was due to reasonable cause and not due to gross or willful neglect or disregard of the law, regulations, or instructions pertaining thereto. Section 2. Code section 56-627, relating to exemptions from the Surplus Line Insurance Law, is hereby amended by striking paragraph (1) of said Code section, which reads as follows: (1) Ocean marine and foreign trade insurances;, and by renumbering paragraphs (2), (3) and (4) as paragraphs (1), (2) and (3), so that when so amended, Code section 56-627 shall read as follows: 56-627. Exemptions from Surplus Line Law.The provisions of this Surplus Line Insurance Law controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance or to the following insurances when so placed by licensed agents or brokers of this State: (1) Insurance on subjects located, resident, or to be performed wholly outside of this State, or on vehicles or aircraft owned and principally garaged outside this State; (2) Insurances on property or operation of railroads engaged in interstate commerce; (3) Insurance of aircraft owned or operated by manufacturers of aircraft or operated in scheduled interstate flight, or cargo of such aircraft, or against liability, other than workmen's compensation and employer's liability, arising out of the ownership, maintenance or use of such aircraft. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1977.

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INSURANCECERTAIN INSTITUTIONS WITHIN FARM CREDIT SYSTEM PROHIBITED FROM SELLING. Code Ch. 56-3. No. 735 (Senate Bill No. 159). An Act to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State, as amended, so as to prohibit certain institutions and entities constituting or being part of the Farm Credit System and certain of their employees from being licensed to sell or solicit insurance; to provide for procedures in connection with the implementation 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. Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State, as amended, is hereby amended by adding at the end thereof a new Code section 56-323, to read as follows: 56-323. Farm Credit System institutions prohibited from transacting insurance. (a) No institution included in the Farm Credit System, as set forth and identified in 12 U.S.C.A., section 2002 (Pub. Law 92-181, sec. 1.2, Dec. 10, 1971, 85 Stat. 583) or any subsidiary or affiliate thereof doing business in this State, nor any officer or employee of any institution included in the Farm Credit System, or any subsidiary or affiliate thereof, may directly or indirectly be licensed to sell or solicit any type of insurance, except the following: (1) Credit Life and Accident and Health in an amount appropriate to insure repayment of the loan; (2) Crop hail, hail or wind damage to crops; (3) Insurance against loss of any collateral securing a loan extended by an affiliate bank or association of the Federal Credit System for the full value of such collateral. The right to place collateral insurance, however, shall continue only so long as the underlying loan remains outstanding, or until the expiration of the policy, but in no event longer than 12 months from the last day the loan was outstanding. The purposes of this section `Collateral Securing a Loan' shall include only that property which is subject to the formal security interest

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granted in connection with the secured loan and duly filed and recorded in the County where the debtor resides. The purposes of this section `Collateral Securing a Loan' shall not include any property acquired by the debtor after the date the underlying loan was made unless the secured party shall make an advance to the debtor, or otherwise given new value which is to be secured in whole or in part by after-acquired property. (b) For the purposes of this section, institutions constituting the Farm Credit System shall include the federal land banks, the federal land bank associations, the federal intermediate credit banks, the production credit associations, the banks for cooperatives, and such other institutions as may be made part of the system, all of which are chartered by and subject to the supervision of the Farm Credit Administration. Provided, however, that the types of insurance described in subsections (1), (2) and (3) of section (a) above may only be transacted, sold or solicited for the purposes of protecting loans made for agricultural purposes to farmers by an institution of the Farm Credit System or any subsidiary or affiliate thereof doing business in this State. (c) Any person holding a license to sell or solicit insurance at the time of passage of this Act and disqualified under the terms of section 1 of this Act, upon termination of his association as an employee or officer, or both, of any Farm Credit System institution or affiliate or subsidiary thereof, shall have his license reissued, upon request, without the necessity of taking or passing any examination. Applications shall be made within sixty (60) days from the date of termination of such employment. 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. Approved April 8, 1977.

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CODE OF PUBLIC TRANSPORTATION AMENDEDSELF-LIQUIDATING REDEFINED, ETC. No. 736 (Senate Bill No. 242). 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), an Act approved April 24, 1975 (Ga. L. 1975, p. 1159), an Act approved April 6, 1976 (Ga. L. 1976, p. 1500), an Act approved April 6, 1976 (Ga. L. 1976, p. 1508), and particularly by an Act approved March 24, 1976 (Ga. L. 1976, p. 775), so as 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. 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), an Act approved

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April 24, 1975 (Ga. L. 1975, p. 1159), an Act approved April 6, 1976 (Ga. L. 1976, p. 1500), an Act approved April 6, 1976 (Ga. L. 1976, p. 1508), and particularly by an Act approved March 24, 1976 (Ga. L. 1976, p. 775), is hereby 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 any maintenance, repair, operational services, funds, rights-of-way, engineering services, and any other in-kind services to be received by the Authority from appropriations of the General Assembly, the Department, other State agencies or authorities, or any county or municipality shall be sufficient to provide for the maintenance, repair and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects; provided that the maintenance, repair, operational services, funds, rights-of-way, engineering services and any other in-kind services received by the Authority from the General Assembly, the Department, State agencies and other authorities and considered in the determination of self-liquidating shall not exceed 25% of the amount sufficient to provide for the maintenance, repair, and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects or combination of projects; provided further that any monetary assistance, operational services, rights-of-way or other in-kind services received by the Authority from a county or municipality shall not be subject to the 25% limitation contained herein. 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. Approved April 8, 1977.

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CONTROLLED SUBSTANCES ACTADDITIONS AND EXEMPTIONS. Code 79A-809. No. 737 (House Bill No. 269). An Act to amend Code section 79A-809, relating to controlled substances contained in Schedule IV of the Georgia Controlled Substances Act, so as to add certain drugs to the list of Schedule IV controlled substances; to provide for exemptions; 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-809, relating to controlled substances contained in Schedule IV of the Georgia Controlled Substances Act, is hereby amended by adding at the end of the list of controlled substances in Schedule IV contained in subsection (b) the following: (15) Chlordiazepoxide; but not including Librax (Chlordiazepoxide Hydrocloride and Clendenium Bromide) or Menrium (Chlordiazepoxide and Water Soluble Esterified Estrogens); Additions. (16) Diazepam; (17) Oxazepam; (18) Clorazepate; (19) Flurazepam; (20) Clonazepam; (21) Pemoline; (22) Pentazocine, excluding Pentazocine compound which contains 325 mg. of aspirin and 12 1/2 mg. of Pentazocine;

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(23) Propoxyphene. so that when so amended, Code section 79A-809 shall read as follows: (a) The controlled substances listed in this section are included in Schedule IV, unless and until amended pursuant to section 79A-803. (b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specified chemical designation, included as having a stimulant or depressant effect on the central nervous system or a hallucinogenic effect: (1) Barbital; (2) Chloral betaine; (3) Chloral hydrate; (4) Ethchlorvynol; (5) Ethinamate; (6) Methohexital; (7) Meprobamate; (8) Methylphenobarbital; (9) Paraldehyde; (10) Petrichloral; (11) Phenobarbital; (12) Fenfluramine;

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(13) Diethylpropion; (14) Phentermine; (15) Chlordiazepoxide; but not including Librax (Chlordiazepoxide Hydrocloride and Clendenium Bromide) or Menrium (Chlordiazepoxide and Water Soluble Esterified Estrogens); (16) Diazepam; (17) Oxazepam; (18) Clorazepate; (19) Flurazepam; (20) Clonazepam; (21) Pemoline; (22) Pentazocine, excluding Pentazocine compound which contains 325 mg. of aspirin and 12 1/2 mg. of Pentazocine; (23) Propoxyphene. (c) The Board of Pharmacy may exempt by rule any compound, mixture, or preparation containing any depressant, stimulant, or hallucinogenic substance listed in subsection (b) from the application of all or any part of this Chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant or stimulant effect on the central nervous system. Exemptions. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1977. EDUCATIONREGULATIONS ON CORPORAL PUNISHMENT. No. 738 (House Bill No. 306). An Act to amend an Act authorizing area, county and independent boards of education to adopt policies relating to the use of corporal punishment, approved March 18, 1964 (Ga. L. 1964, p. 673), so as to provide for certain requirements in connection with administering corporal punishment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing area, county and independent boards of education to adopt policies relating to the use of corporal punishment, approved March 18, 1964 (Ga. L. 1964, p. 673), 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. Where so authorized, upon the adoption of written policies, by an area, county or independent board of education, any principal or teacher employed by the board, in order to maintain proper control and discipline over pupils placed under his care and supervision, may, in the exercise of his sound discretion, administer corporal punishment on any such pupil or pupils, subject to the following requirements: (a) The corporal punishment shall not be excessive or unduly severe. (b) Corporal punishment shall never be used as a first line of punishment for misbehavior unless the pupil was informed beforehand that specific misbehavior could occasion its use; provided, however, that corporal punishment may be employed as a

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first line of punishment for those acts of misconduct which are so antisocial or disruptive in nature as to shock the conscience. (c) Corporal punishment must be administered in the presence of a principal or assistant principal, or the designee of the principal or assistant principal, employed by the board of education authorizing such punishment, and the other principal or assistant principal, or the designee of the principal or assistant principal, must be informed beforehand and in the presence of the pupil of the reason for the punishment. (d) The principal or teacher who administered corporal punishment must provide the child's parent, upon request, a written explanation of the reasons for the punishment and the name of the principal or assistant principal, or designee of the principal or assistant principal, who was present. Provided however that such an explanation shall not be used as evidence in any subsequent civil action brought as a result of said corporal punishment. (e) Corporal punishment shall not be administered to a child whose parents or legal guardian have upon the day of enrollment of the pupil filed with the principal of the school a statement from a medical doctor licensed in Georgia stating that it is detrimental to the child's mental or emotional stability. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1977. SHERIFFS' RETIREMENT FUNDBENEFITS INCREASED. No. 739 (House Bill No. 331). 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),

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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), an Act approved April 18, 1975 (Ga. L. 1975, p. 830), and an Act approved February 27, 1976 (Ga. L. 1976, p. 332), so as to provide an increase in retirement benefits for those members and persons already receiving retirement benefits; to provide an increase in retirement benefits for creditable service in excess of twenty (20) years; to provide for the payment of increased benefits to those already receiving retirement 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. 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), an Act approved April 18, 1975 (Ga. L. 1975, p. 830), and an Act approved February 27, 1976 (Ga. L. 1976, p. 332), is hereby amended by striking subsection (g) of section 18 in its entirety and inserting in lieu thereof a new subsection (g), to read as follows: (g) The options provided for herein and the increase in 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 shall not be afforded an opportunity to select an option, but shall 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

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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 in accordance with the member's option 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 determined from and after May 1, 1976. For those members or persons already receiving retirement benefits who have creditable service in excess of twenty (20) years, such members or persons shall be entitled to have their retirement benefits recomputed and determined in accordance with the provisions of this section and the increase in benefits by reason of creditable service in excess of twenty (20) years shall be paid to such members and persons from and after May 1, 1977. Section 2. This Act shall become effective on May 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1977. CRIMINAL LAWINSANE OR MENTALLY INCOMPETENT DEFENDANTS. Code Ch. 27-15 Amended; Code Title 88 Amended. No. 740 (House Bill No. 356). An Act to amend Code Chapter 27-15, relating to demurrers and special pleas, as amended, so as to change the title of said Code Chapter; to provide procedures in criminal trials involving contentions that the defendant was insane or mentally incompetent at the time of the act charged; to provide for the disposition of persons acquitted on such grounds; to provide for a trial by a special jury of a plea of mental incompetency to stand trial; to provide for transfer and disposition of a

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defendant who has been found by a special jury to be mentally incompetent to stand trial; to provide for the civil commitment of such persons; to provide for the return of such persons under certain circumstances to the committing court; to provide for certain costs; to amend an Act providing that in all criminal trials in the courts of this State wherein a contention is made on behalf of the accused that he was mentally incompetent at the time the acts charged against him were committed, the judge shall require the jury to so specify in verdicts of acquittal based on such contention, approved February 15, 1952 (Ga. L. 1952, p. 205), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 848), so as to repeal the provisions relative to the disposition of a person who is acquitted of a crime by reason of irresponsibility or insanity at the time of the commission of the act; to amend Code Title 88, relating to public health, as amended, so as to change the provisions relating to the release of patients under criminal charges from emergency receiving facilities, evaluating facilities and treatment facilities, which facilities provide care and rehabilitation to alcoholics and drug dependent individuals; to change the provisions relating to the release of patients under criminal charges from emergency receiving facilities, evaluating facilities and treatment facilities, which facilities provide care and treatment to mentally ill persons; 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 27-15, relating to demurrers and special pleas, as amended, is hereby amended by striking the title of said Code Chapter, which reads as follows: 27-15. DEMURRERS AND SPECIAL PLEAS., and substituting in lieu thereof a new title of said Code Chapter, to read as follows:

Page 1295

27-15. DEMURRERS; SPECIAL PLEAS; INSANITY AND MENTAL INCOMPETENCY. Section 2. Said Code Chapter is further amended by adding following Code section 27-1502 a new Code section to be designated Code section 27-1503, to read as follows: 27-1503. Plea of insanity or mental incompetency at the time of the crime.(a) In all criminal trials in any of the courts of this State wherein an accused shall contend that he was insane or mentally incompetent under the law at the time of the act or acts charged against him were committed, the trial judge shall instruct the jury that, in case of acquittal on such contention, the jury shall specify in their verdict that the accused person was acquitted because of mental incompetence or insanity at the time of the commission of the act. If such verdict of acquittal is returned by the jury, the court shall retain jurisdiction over the person so acquitted and shall immediately inquire into the sanity of the person at the time of acquittal and, upon a showing of good cause by the prosecutor, may defer ruling upon the same and order such person to be confined in a State mental hospital, to be selected by the Department of Human Resources for a period of not less than 30 days. A person committed to the Department of Human Resources pursuant to this section shall not be released from confinement unless and until the court which committed him, after notice and hearing, shall find and determine that such person does not meet the criteria for civil commitment under Code Chapter 88-5 or 88-25, as now or hereafter amended. Nothing in this section contained shall prevent the transfer of such person from one State hospital to any other State hospital by the Department of Human Resources or the transfer of such patient to a hospital in another state in the manner provided by law, upon order of the superior court in the county from which he was committed, or in which he is detained. (b) An application for the release of a person who has been committed to the Department of Human Resources under subsection (a), upon the ground he does not meet the civil commitment criteria under Code Chapter 88-5 or 88-25, as now or hereafter amended, may be made to the superior court of the county from which he was committed, either by such person or by the superintendent of the State hospital in which the said person

Page 1296

son is confined. No hearing upon such application shall be allowed until the person committed shall have been confined for a period of not less than 30 days from the date of the order of commitment. If the finding of the court is adverse to releasing such person on the ground that such person meets the civil commitment criteria under Code Chapter 88-5 or 88-25, as now or hereafter amended, a further application shall not be heard by the court until one year has elapsed from the date of hearing upon his last preceding application. Section 3. Said Code Chapter is further amended by striking Code section 27-1502 in its entirety, which reads as follows: 27-1502. Plea of insanity, how tried.Whenever the plea of insanity is filed, it shall be the duty of the court to cause the issue on that plea to be first tried by a special jury, and if found to be true, the court shall order the defendant to be delivered to the superintendent of the Milledgeville State Hospital, there to remain until discharged in the manner prescribed by law., and substituting in lieu thereof a new Code section 27-1502, to read as follows: 27-1502. Plea of mental incompetency to stand trial.(a) Whenever a plea is filed that a defendant in a criminal case is mentally incompetent to stand trial, it shall be the duty of the court to cause the issue of the defendant's mental competency to stand trial to be first tried by a special jury. If the special jury finds the defendant mentally incompetent to stand trial, the court shall retain jurisdiction over the defendant, but shall transfer the defendant to the Department of Human Resources. (b) Within ninety (90) days after the Department of Human Resources has received actual custody of a person pursuant to subsection (a), such person shall be evaluated and a diagnosis made as to whether the person is presently mentally incompetent to stand trial and if so, whether there is a substantial probability that the person will attain mental competency to stand trial in the foreseeable future. If the person is found to be mentally competent to stand trial, the department shall immediately report that finding and the reasons therefor to the committing court and the person shall be returned to the court as provided in subsection(e).

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(c) If the person is found to be mentally incompetent to stand trial by the Department of Human Resources and there is not a substantial probability that the person will attain competency in the foreseeable future, the department shall report that finding and the reasons therefor to the committing court and the person, provided that such person meets the criteria for civil commitment, shall thereupon be civilly committed to a State institution pursuant to the provisions of Code Chapter 88-5 or 88-25, whichever is applicable. If such person does not meet the criteria for civil commitment or if such person after having been committed becomes mentally competent to stand trial, the committing court shall be notified and the person shall be returned to the court as provided in subsection(e). (d) If the person is found to be mentally incompetent to stand trial but there is a substantial probability that such person will attain competency in the foreseeable future, by the end of said ninety (90) day period, or at any prior time, the department shall report that finding and the reasons therefor to the committing court and shall retain custody over the individual for the purpose of continued treatment for an additional period not to exceed nine (9) months. If, by the end of said nine (9) month period, or at any prior time if the person's condition warrants, the person is still found not to be competent to stand trial, irrespective of the probability of recovery in the foreseeable future, the department shall report that finding and the reasons therefor to the committing court and the person, provided that such person meets the criteria for civil commitment, shall thereupon be civilly committed to a State institution pursuant to the provisions of Georgia Code Chapter 88-5 or 88-25, whichever is applicable. If such person does not meet the criteria for civil commitment or if such person after having been committed becomes mentally competent to stand trial, the committing court shall be notified and the person shall be returned to the court as provided in subsection (e). (e) A person who is found by the Department of Human Resources to be mentally competent to stand trial shall be discharged into the custody of a law enforcement officer of the jurisdiction of the court committing such person to the department, unless the court has dismissed the charges which led to the commitment, in which case the person shall be discharged. In the event a law enforcement officer does not appear and take

Page 1298

custody of the person within twenty (20) days after notice to the appropriate law enforcement official in the jurisdiction of the committing court, to the presiding judge of the committing court, and to the prosecuting attorney for such court, the department shall itself return the person to one of the committing court's detention facilities, and the cost of returning such person shall be paid by the county in which the committing court is located. All notifications shall be sent by certified mail, return receipt requested; provided, that, with the concurrence of the appropriate court, and upon the recommendation of the attending physician, any person discharged as competent to stand trial may be held by the department instead of at the court's detention facilities, whenever, in the attending physician's opinion, such detention in the court's facilities would be detrimental to the well-being of the person so committed. Such detention shall continue only until the date of the person's trial. (f) Any person returned to the court as provided in subsection (e) shall again be entitled to file a special plea hereunder. Section 4. An Act providing that in all criminal trials in the courts of this State wherein a contention is made on behalf of the accused that he was mentally incompetent at the time the acts charged against him were committed, the judge shall require the jury to so specify in verdicts of acquittal based on such contention, approved February 15, 1952 (Ga. L. 1952, p. 205), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 848), is hereby amended by striking section 1 in its entirety, which reads as follows: Section 1. In all criminal trials in any of the courts of this State wherein an accused shall contend that he was insane or mentally incompetent under the law at the time of the act or acts charged against him were committed, the trial judge shall instruct the jury that, in case of acquittal on such contention, the jury shall specify in their verdict that the accused person was acquitted because of mental irresponsibility or insanity at the time of the commission of the act. If such a verdict of acquittal shall be returned by a jury in any case, it shall thereupon become the duty of the trial judge to retain jurisdiction of the person and to order the person to be confined in a State hospital for the mentally ill, to be selected by the Department of Public Health, for a

Page 1299

period not to exceed one year, and to provide in said order that such person shall not be released from said hospital except upon compliance with the terms and provisions of Chapter 88-5 of the Code of Georgia, relating to hospitalization of the mentally ill, as amended. Should continued hospitalization be necessary following the initial period of hospitalization ordered by the trial judge, the superintendent shall apply for an order of continued hospitalization under the provisions of section 88-506.6 of the Georgia Code, relating to the procedure for continued hospitalization. Section 5. Code Title 88, relating to public health, as amended, is hereby amended by striking in its entirety Code section 88-404.9, relating to release of patients from emergency receiving facilities providing certain care and rehabilitation to alcoholics and drug dependent individuals, and inserting in lieu thereof a new Code section 88-404.9 to read as follows: 88-404.9. Release from emergency receiving facility. At any time the examining physician concludes that the patient need not be hospitalized or that further evaluation is not necessary, the patient shall be discharged, unless the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer duly authorized to represent the law enforcement agency in the county, municipality or other jurisdiction where criminal charges against the patient are pending. Section 6. Said Code Title is further amended by striking in its entirety Code section 88-404.16, relating to power to discharge patients from evaluating facilities providing certain care and rehabilitation to alcoholics and drug dependent individuals, and inserting in lieu thereof a new Code section 88-404.16 to read as follows: 88-404.16. Power to discharge patient. At any time the patient is found not to require hospitalization or further detention for evaluation, the evaluating facility shall discharge the patient, unless the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer duly authorized to represent the law enforcement agency in the county, municipality or other jurisdiction where criminal charges against the patient are pending. Notice of the discharge shall be

Page 1300

given to the patient and his representatives, as provided in section 88-404.5 and (a) if the patient was admitted to the emergency receiving facility under section 88-404.7, to the physician who executed the certificate; (b) if the patient was taken into custody under section 88-404.7, to the agency which took the patient into custody; and (c) if the admission to the evaluating facility was under section 88-404.13 or section 88-405.3, to the court which ordered the evaluation. Section 7. Said Code Title is further amended by striking in its entirety Code section 88-404.24, relating to power to discharge patients from treatment facilities providing certain care and rehabilitation to alcoholics and drug dependent individuals, and inserting in lieu thereof a new Code section 88-404.24 to read as follows: 88-404.24. Power to discharge patient. At any time a patient is found by the superintendent to no longer meet the criteria of section 88-404.18, the superintendent may (a) discharge the patient, unless the patient is under criminal charges, in which case he shall be placed in the custody of a peace officer duly authorized to represent the law enforcement agency in the county, municipality or other jurisdiction where criminal charges against the patient are pending; or (b) transfer the patient to voluntary status at the patient's request as provided in section 88-404.15 (b), or (c) place an improved patient, except patients under a criminal charge, on convalescent status as provided in section 88-404.25. Notice of the discharge or the transfer of status shall be given to the patient and his representatives and, if the patient's hospitalization was authorized by order of the probate court, to the court which entered such order. Section 8. Said Code Title is further amended by striking in its entirety Code section 88-504.5, relating to release of patients from emergency receiving facilities providing certain care and treatment to mentally ill persons, and inserting in lieu thereof a new Code section 88-504.5 to read as follows: 88-504.5. Release from emergency receiving facility.At any time the examining physician concludes that the patient need not be hospitalized or that further evaluation is not necessary, the patient shall be discharged, unless the patient is

Page 1301

under criminal charges, in which case he shall be returned to the custody of a peace officer duly authorized to represent the law enforcement agency in the county, municipality or other jurisdiction where criminal charges against the patient are pending. Section 9. Said Code Title is further amended by striking in its entirety Code section 88-505.6, relating to power to discharge patients from evaluating facilities providing certain care and treatment to mentally ill persons, and inserting in lieu thereof a new Code section 88-505.6 to read as follows: 88-505.6. Power to discharge patient.At any time the patient is found not to require hospitalization or further detention for evaluation, the evaluating facility shall discharge the patient, unless the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer duly authorized to represent the law enforcement agency in the county, municipality or other jurisdiction where criminal charges against the patient are pending. Notice of the discharge shall be given to the patient and his representatives, as provided in section 88-502.15, and (a) if the patient was admitted to the emergency receiving facility under section 88-504.2, to the physician who executed the certificate; (b) if the patient was taken into custody under section 88-504.2 or section 88-504.3, to the agency which took the patient into custody; and (c) if the admission to the evaluating facility was under section 88-505.3 or section 88-507.3, to the court which ordered the evaluation. Section 10. Said Code Title is further amended by striking in its entirety Code section 88-506.7, relating to power to discharge patients from treatment facilities providing certain care and treatment to mentally ill persons, and inserting in lieu thereof a new Code section 88-506.7 to read as follows: 88-506.7. Power to discharge patient.At any time a patient is found by the superintendent no longer to meet the criteria of section 88-506.1, the superintendent may (a) discharge the patient, unless the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer duly authorized to represent the law enforcement agency in the county, municipality or other jurisdiction where criminal charges against the patient are pending; or (b) transfer the patient to

Page 1302

voluntary status at the patient's request as provided in section 88-503.5; or (c) place an improved patient, except patients under a criminal charge, on convalescent status as provided in section 88-506.8. Notice of the discharge or the transfer of status shall be given to the patient and his representatives and, if the patient's hospitalization was authorized by order of the probate court, to the court which entered such order. Section 11. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, 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 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1977. CAMPAIGN AND FINANCIAL DISCLOSURE ACT AMENDEDTERMS DEFINED, ETC. No. 741 (House Bill No. 501). An Act to amend the Campaign and Financial Disclosure Act, approved March 5, 1974 (Ga. L. 1974, p. 155), as amended, so as to further define the terms contribution, expenditure and campaign financing disclosure report; to change the provisions providing with whom such reports are filed; to provide further for matters which shall be reported and filed; to

Page 1303

eliminate the necessity to file certain reports under specified circumstances; to provide the duties of persons accepting contributions on behalf of candidates; to provide for reports concerning loans; to provide further duties of filing officers; to change the name of the State Ethics Commission to the State Campaign and Financial Disclosure Commission; to provide clarification; to provide that certain persons who serve as officers of political parties shall be ineligible to serve as members of the State Ethics Commission; to provide for investigations by said Commission; to amend the duties of said Commission; to authorize the Commission to impose a civil penalty; to provide for limitations on the authority and duties of said Commission; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Campaign and Financial Disclosure Act, approved March 5, 1974 (Ga. L. 1974, p. 155), as amended, is hereby amended by adding at the end of subsection (c) of section 3 the following: The term `contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate., Definitions. so that when so amended, said subsection shall read as follows: (c) `Contribution' means a gift, subscription, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for the offices provided for in section 2, but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any sources and on a voluntary basis. `Contribution' shall include retainer fees, fees or any other form of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence the candidate or office holder to introduce legislation which enriches the person, company, corporation or other entity which made the contribution. Introduction of such enriching

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legislation by the candidate subsequent to his election to office shall be prima facie evidence that the fee, compensation or retainer fee was a campaign contribution under the meaning of this Act. The term `contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate. Section 2. Said Act is further amended by adding at the end of subsection (d) of section 3 the following: The term `expenditure' shall also include the payment of a qualifying fee for and in behalf of any candidate, except as is provided in subsection (d) of section 6., so that when so amended, said subsection shall read as follows: (d) `Expenditure' means a purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person for the offices provided for in section 2, but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term `expenditure' shall also include the payment of a qualifying fee for and in behalf of any candidate, except as is provided in subsection (d) of section 6. Section 3. Said Act is further amended by deleting subsection (g) of section 3 and substituting in lieu thereof the following: (g) `Campaign financing disclosure written report' means a report filed with the appropriate filing officer 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. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candidate in prior years in support of the campaign in question.

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Section 4. Said Act is further amended by adding at the end of section 3 a new subsection (h) to read as follows: (h) `Filing officer' means that official who is designated in section 6 to receive Campaign Financing Disclosure Reports. Section 5. Said Act is further amended by deleting in its entirety subsection (a) of section 4, and substituting in lieu thereof the following: (a) Except as provided in section 7A, no contributions to bring about the nomination or election of a candidate for any office provided for in section 2 shall be made except directly to a candidate or to his campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate, which campaign committee shall have a Chairman and a Treasurer designated by the candidate. Each candidate shall have but one campaign committee for the purpose of maintaining records as required in section 5 herein, and the filing of reports as required in section 6 therein. Before a campaign committee accepts any contributions, the candidate shall file the name and address of his Chairman and Treasurer with the Secretary on State. The same person may serve as Chairman and Treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of Chairman or Treasurer thereof. Campaign committees. Section 6. Said Act is further amended by deleting in its entirety the first paragraph of section 6 and substituting in lieu thereof the following: 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 and justices of the peace, shall file with the Secretary of State his original `Campaign Financing Disclosure Reports'. A copy shall be filed with the probate judge in the county of the residence of the candidate. Report. Candidates for county office and for justice of the peace shall file their `Campaign Financing Disclosure Reports' with the probate judge in the respective county of election.

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Candidates for municipal office shall file their reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive office of the municipality. Section 7. Said Act is further amended by deleting in its entirety subsection (a) of section 6, and substituting in lieu thereof the following: (a) The amount, name and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies and similar fund-raising events. Section 8. Said Act is further amended by deleting in its entirety subsection (c) of section 6 and substituting in lieu thereof the following: (c) When a contribution consists of a loan, advance or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations and places of employment of all persons having any liability for repayment of the loan, advance or extension of credit, and if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify it. Loans, etc. 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. Each report required in the calendar year of the

Page 1307

election shall contain cumulative totals of all contributions, which have been received, and all expenditures, which have been made, in support of the campaign in question and which are required, or previously have been required, to be reported., and by deleting in its entirety the first sentence of subsection (d) of section 6 and substituting in lieu thereof the following: (d) In the event any candidate covered by the provisions of this Act has no opposition (primary or general), and receives no contribution of $101.00 or more, said candidate shall only be required to make the initial and final report as required under the provisions of this Act. Section 9. Said Act is further amended by deleting in its entirety section 7A and substituting in lieu thereof the following: Section 7A. Any person as defined in subsection (e) of section 3, which accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the disclosure requirements of this Act the same as a candidate, except contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting, and except contributions from persons as defined in subsection (e) of section 3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting. Persons subject to disclosure. When a contribution consists of the proceeds of a loan, advance or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations and places of employment of all persons having any liability for repayment of the loan, advance or extension of credit, and if any such persons shall have a fiduciary relationship to the lending instituion or party making the advance or extension of credit, the report shall specify it. Section 10. Said Act is further amended by deleting section 8 in its entirety and substituting in lieu thereof the following:

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Section 8. Duties of Filing Officers. It shall be the duty of the filing officer to make the campaign financing disclosure reports 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 cost thereof. The filing officer shall preserve such reports for a period of five (5) years from the date upon which they are received. Said filing officer shall notify the State Campaign and Financial Disclosure Commission in writing of: Filing duties. (1) the names of all candidates and offices sought, within ten days of the close of the qualification period; (2) within ten days after the date a report is due, the names and addresses of candidates who have not filed required campaign disclosure reports as required by law in the election in question. The filing officer shall immediately notify the State Campaign and Financial Disclosure Commission when he 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 candidate shall be forwarded to the Commission along with the complaint. The filing officer receiving original reports has the duty to inspect each report filed with him by candidates 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 11. Said Act is further amended by deleting in its entirety section 8A. Section 12. Said Act is further amended by striking the first sentence of subsection (c) of section 9 thereof, which reads as follows: Any person who has qualified to run for office who has held any Federal, State or local public office within a period of 5 years prior to his appointment shall be ineligible to serve as a member of the Commission.,

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and substituting in lieu thereof the following: Any person who (1) has qualified to run for any Federal, State or local public office within a period of 5 years prior to his appointment, or (2) has held any Federal, State or local public office within a period of 5 years prior to his appointment, or (3) serves as an officer of any political party, whether such office is elective or appointive and whether such office exists on a local, State, or national level, shall be ineligible to serve as a member of the Commission, provided, however, that any member of the Commission who, on April 1, 1977, was also serving as an officer of a political party, on a local, State or national level, shall not be ineligible, by virtue of this section, during the remainder of the term of Commission office which such member is serving on said date., so that when so amended subsection (c) of section 9 shall read as follows: (c) Any person who (1) has qualified to run for any Federal, State or local public office within a period of 5 years prior to his appointment, or (2) has held any Federal, State or local public office within a period of 5 years prior to his appointment, or (3) serves as an officer of any political party, whether such office is elective or appointive and whether such office exists on a local, State, or national level, shall be ineligible to serve as a member of the Commission, provided, however, that any member of the Commission who, on April 1, 1977, was also serving as an officer of a political party, on a local, State or national level, shall not be ineligible, by virtue of this section, during the remainder of the term of Commission office which such member is serving on said date. The Commission shall elect a chairman, and shall adopt rules and regulations as required by section 3(a) of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as amended. All rules of the Commission shall be promulgated in accordance with the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as amended. Section 13. Said Act is further amended by deleting the caption and subsection (a) of section 9 in its entirety and substituting in lieu thereof the following:

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Section 9. State Campaign and Financial Disclosure Commission. (a) There is hereby created the State Campaign and Financial Disclosure Commission. Commission created. Section 14. Said Act is further amended by deleting in their entirety paragraphs (5), (7) and (18) of subsection (f) of section 9. Section 15. Said Act is further amended by deleting paragraph (11) of subsection (f) of section 9 in its entirety and substituting in lieu thereof the following: (11) to make investigations, subject to the limitations contained in section 9A of this Act, with respect to the statements and reports filed under the provisions of this Act, and with respect to alleged failure to file any statements or reports required under the provisions of this Act, and, upon receipt of the written complaint of any person, verified under oath, to the best information, knowledge and belief, by the person making same, with respect to an alleged violation of any part of this Act; provided that nothing in this section, however, shall be construed to limit or encumber the right of the Commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this Act;. Section 16. Said Act is further amended by deleting paragraph (12) of subsection (f) of section 9 in its entirety and substituting in lieu thereof the following: (12) to conduct a preliminary investigation, subject to the limitations contained in section 9A of this Act, of the merits of a written complaint, verified under oath, to the best information, knowledge and belief, by the person making same, by any person who believes that a violation of this Act has occurred, and if no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the Commission determines that there are such reasonable grounds, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with the Georgia Administrative Procedure Act, as amended. The complainant shall be given an acknowledgment and status report within ten days of

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registering said complaint and shall be given an estimate of the time required to complete said investigation. The Commission may file a complaint charging violations of this Act, and any person aggrieved by the final decision of the Commission is entitled to judicial review in accordance with the provisions of the Georgia Administrative Procedure Act, as amended; provided that nothing in this section, however, shall be construed to limit or encumber the right of the Commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this Act;. Procedure upon complaints. Section 17. Said Act is further amended by adding a new subparagraph (iii) to paragraph (15) of subsection (f) of section 9 which shall read as follows: (iii) to order the payment of civil penalties not to exceed $100.00 for each failure to file a report required by this Act. Penalty. Section 18. Said Act is further amended by deleting paragraph (19) of subsection (f) of section 9 in its entirety and substituting in lieu thereof the following: (19) to report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries and duties of all individuals employed and the funds disbursed, and to make such further report on the matters within its jurisdiction as may appear desirable. Employees. Section 19. Said Act is further amended by adding between sections 9 and 10 a new section 9A which shall read as follows: Section 9A. Limitations on Commission Authority and Duties. The Commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same to writing and verify the same under oath, to the best information, knowledge and belief, the falsification of which shall be punishable as false swearing under Ga. Code section 26-2402. Limitations on Authority. Nothing in this section, however, shall be construed to limit or encumber the right of the Commission to initiate on probable

Page 1312

cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this Act. Section 20 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 21 . 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 22 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1977. M.A.R.T.AWAIVER OF COMPETITIVE BIDDING IN CERTAIN DISPOSITIONS OF OWNED PROPERTY. No. 742 (House Bill No. 629). 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), an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved

Page 1313

March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved March 24, 1976 (Ga. L. 1976, p. 3104), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3407), so as to authorize the Board of Directors of the Authority to waive competitive bidding requirements in the sale, lease, exchange or other disposition of real property owned by the Authority as specified in this Act; to abolish certain tax exemptions of the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as The 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), an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved March 24, 1976 (Ga. L. 1976, p. 3104), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3407), is hereby amended by changing the period at the end of section 14(g) to a comma and adding thereafter the following: provided that such competitive bidding procedures may be waived, but only if the Board determines that the negotiation of a sale, lease, exchange or other disposition of real property owned or to be acquired by the Authority is necessary to facilitate either of the following: (i) the location of an Authority transportation project within real property owned by another; or (ii) the passage of the public between an Authority transportation project and the property of another., so that when amended said section 14(g) will read in its entirety as follows: (g) Contracts for the sale, lease or other disposition of real property owned by the Authority shall be awarded only after

Page 1314

competitive bidding and to the highest responsible bidder in a manner similar to that required in subsection (b), provided that such competitive bidding procedures may be waived, but only if the Board determines that the negotiation of a sale, lease, exchange or other disposition of real property owned or to be acquired by the Authority is necessary to facilitate either of the following: (i) the location of an Authority transportation project within real property owned by another; or (ii) the passage of the public between an Authority transportation project and the property of another. Section 2 . Said Act is further amended by adding at the end of section 21 a new subsection (c) to read as follows: (c) The Authority and its activities shall not be exempt from the tax imposed upon motor fuels by the laws of this State. Section 3 . This Act shall become effective July 1, 1977. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1977. TAXATIONHOMESTEAD EXEMPTION EXPANDED IN CERTAIN COUNTIES (10,450-10,650). Code 92-233 Amended. No. 743 (House Bill No. 643). An Act to amend Code section 92-233, relating to the meaning of the term, homestead, for purposes of provisions relating to homestead exemption from taxation, as amended, so as to include within the meaning thereof certain real property held subject to a lease for a certain period of time and located in counties having a population of not less than 10,450 and not more than 10,650 according to the United States Decennial Census of 1970 or any future such census; to provide certain conditions; to repeal conflicting laws; and for other purposes.

Page 1315

Be it enacted by the General Assembly of Georgia: Section 1 . Code section 92-233, relating to the meaning of the term, homestead, for purposes of provisions relating to homestead exemption from taxation, as amended, is hereby amended by adding a new paragraph at the end of subsection (b) thereof, to read as follows: In all counties of the State having a population of not less than 10,450 and not more than 10,650 according to the United States Decennial Census of 1970 or any future such census, where the person who is the applicant holds real property subject to a written lease having a total period of not less than 10 years, except that the period of such lease may be terminable as expressly provided in the lease; the applicant has held such property subject to such a lease for not less than 3 years prior to the year for which application is made; and the applicant is the owner of all improvements located on such real property., so that when so amended subsection (b) shall read as follows: (b) Where the person who is the applicant holds the bona fide fee title, (although subject to mortgage or debt deed) or an estate for life, or holds under any bona fide contract of purchase providing for the conveyance of title to the applicant upon performance of the said contract, or holds 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, subject to a mortgage insured by the Federal Housing Administration under section 213 (a) (1) of the National Housing Act, 64 Stat. 54, 12 U.S.C. 1715 (e) (1950). In all counties of the State having a population of not less than 10,450 and not more than 10,650 according to the United States Decennial Census of 1970 or any future such census, where the person who is the applicant holds real property subject to a written lease having a total period of not less than 10 years, except that the period of such lease may be terminable as expressly provided in the lease; the applicant has held such property subject to

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such a lease for not less than 3 years prior to the year for which application is made; and the applicant is the owner of all improvements located on such real property. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1977. WINE TAX ACT. Code Title 58 Amended. No. 745 (House Bill No. 746). An Act to amend Code Title 58 relative to intoxicating liquors, as amended, so as to add thereto a new Code Chapter 58-8, relating to wine taxation; to comprehensively and exhaustively revise, supersede and consolidate laws relating to the collecting and administration of wine taxes; to provide for licensing and regulation; to provide for penalties; to provide for other matters relative to the foregoing; to repeal specific laws; 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 58 relative to intoxicating liquors, as amended, is hereby further amended by adding thereto a new Chapter, to be designated Code Chapter 58-8, relating to wine taxation, to read as follows: Chapter 58-8 Wine Tax 58-801. Short title. This Chapter shall be known and may be cited as the Wine Tax Law.

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58-802. Definitions. As used in this Chapter, unless the content otherwise requires, the term: (a) `Broker' means any person who sells wines to other importers, brokers or wholesale dealers, but not to retail dealers or consumers. (b) `Commissioner' means the State Revenue Commissioner. (c) `Domestic winery' means any winery, manufacturer, maker, producer or bottler of wine located within the State of Georgia. (d) `Foreign winery' means any winery, manufacturer, maker, producer or bottler of wine located without the State of Georgia. (e) `Importer' means a broker. (f) `Manufacturer' means any maker, producer or bottler of wine. (g) `Person' means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary or other group or combination acting as a unit, body politic or political subdivision, whether public or private, or quasi-public. (h) `Retail dealer' means any person who sells wines, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. (i) `Shipper' means any person who ships wines from without the State of Georgia. (j) `Wholesaler' or `wholesale dealer' means any person who sells wines to other wholesale dealers or to retail dealers. (k) `wine' means all alcoholic beverages containing not more than 21% alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation

Page 1318

with brandy added, including all sparkling wines, champagnes, combinations of the aforesaid beverages, vermouths, special natural wines, rectified wines, and like products. The term `wine' shall not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this section. (l) `Winery' means a manufacturer. 58-803. Dealing in wine declared a privilege; levy of excise tax; conversion from English measurement to metric measurement; point of possession; refunds or credits; exemptions. (a) The businesses of manufacturing, distributing, selling, handling, and otherwise dealing in or possessing wines as defined in this Chapter are hereby declared to be privileges in this State and not rights. (b) There is hereby levied and imposed on the first sale, use or possession within this State of wines the following taxes: (1) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, having an alcoholic strength of not more than 14 percent alcohol by volume, 40 cents per gallon and a proportionate tax at like rates on all fractional parts of a gallon. (2) On wines produced from fruits and berries grown without the State of Georgia, whether produced within or without the State of Georgia, having an alcoholic strength of not more than 14 percent alcohol by volume, $1.50 per gallon and a proportionate tax at like rates on all fractional parts of a gallon. (3) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, having an alcoholic strength of more than 14 percent alcohol by volume, $1 per gallon and a proportionate tax at like rates on all fractional parts of a gallon. (4) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, to

Page 1319

which wine spirits produced from without the State of Georgia have been added, having an alcoholic strength of more than 14 percent alcohol by volume, $2.50 per gallon and a proportionate tax at like rates on all fractional parts of a gallon. (5) On wines produced from fruits and berries grown without the State of Georgia, whether produced within or without the State of Georgia, having an alcoholic strength of more than 14 percent alcohol by volume, $2.50 per gallon and a proportionate tax at like rates on all fractional parts of a gallon. (c) The Commissioner is authorized to promulgate regulations he deems necessary for the conversion from the English measurement in U. S. gallons to the equivalent metric measurement and shall compute all tax rates at such equivalent metric measurement. (d) For purposes of this Chapter, with respect to wines manufactured within this State, possession occurs when the product is first identifiable as wine, in accordance with this Chapter and such regulations as may be promulgated by the Commissioner pursuant thereto. With respect to wines shipped from without this State to a destination within Georgia, possession in the consignee occurs when the wine first physically enters the State, or when the risk of loss from destruction or casualty to the wine is shifted from the consignor to the consignee located in this State, in accordance with the contract of the parties and the substantive commercial law of this State, whichever event occurs first. (e) The Commissioner may issue refunds or credits for wine taxes paid by the wholesaler, under regulations promulgated by the Commissioner, when it can be shown to the Commissioner's satisfaction that any of the following events has occurred: (1) Wines have been received by the wholesaler through an error in shipment and such wines are returned to the shipper prior to any sale by the wholesaler in Georgia.

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(2) Wines, ordered by the wholesaler, have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area. (3) Wines have been received by the wholesaler, which are unfit for consumption upon receipt and such wines are returned to the shipper or destroyed prior to any sale by the wholesaler in Georgia. (4) Wines have been sold by the wholesaler for delivery and consumption outside the State of Georgia, provided that such sale and delivery shall in all respects comply with the requirements of section 58-810. (5) Wines destroyed while in the possession of a Georgia wholesaler by Act of God, such as fire, flood, lightning, wind, or other natural calamity. (f) The taxes imposed by this Chapter shall not be levied with respect to wine sold to and used by established and recognized churches and synagogues for use in sacramental services only, or to any sale of wine which is exempt from taxation by the State of Georgia under the Constitution of the United States. 58-804. State license tax. An annual occupational license tax is hereby imposed upon each winery, manufacturer, broker, importer, wholesaler and retail dealer of wine in Georgia, as follows: (1) Upon each winery and manufacturer $ 1,000. (2) Upon each wholesaler dealer $ 500. (3) Upon each broker and importer $ 500. (4) Upon each retail dealer $ 25. 58-805. Taxes to be collected by Commissioner; issuance of licenses. The taxes provided for in sections 58-803 and 58-804 shall be collected by the Commissioner, who shall issue appropriate licenses to all manufacturers, wineries, wholesale dealers, retail dealers, brokers, and importers upon payment of

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the appropriate taxes and upon compliance with all other licensing requirements as provided in this Chapter. 58-806. Licensing procedures; expiration; annual renewal; application; penalty, etc. All licenses issued pursuant to this Chapter shall expire on December 31 of each year and application for renewal shall be made annually on or before the first day of November. Any licensee making proper application, with all supporting documents, for a license to operate during the following calendar year and having filed such application prior to November 1, shall be permitted to continue to operate pending final approval of such licensee's application for the following year if final approval is not granted prior to January 1. Provided, however, that any person holding any license issued pursuant to this Chapter who shall fail to file a proper application for a similar license for the following year, with the proper fee accompanying same, on or before the first day of January, and who files such an application after January 1, shall be required to pay, in addition to the license taxes imposed by section 58-804, an additional amount equal to one-half the amount required for the license for which application is made. 58-807. Surety bonds to be filed with Commissioner. All applicants for all licenses shall file with the Commissioner, along with each application, a bond conditioned to pay all sums which may become due by the applicant to the State of Georgia as taxes, license fees or otherwise by reason of, or incident to, the operation of the business for which licensure is sought and conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to wines. Surety for said bonds shall be a surety company licensed to do business in this State, and said bonds shall be in such form as may be required by the Commissioner and shall be in the following amounts: (1) for wineries$5,000; (2) for wholesale dealers, importers, brokers (A) if the applicant does not hold a similar license, $5,000; (B) if the applicant does hold a similar license, an amount, as determined by the Commissioner, reasonably equivalent to the

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applicant's wine tax liability during a typical 45-day period, but in no event greater than $10,000; (3) for retail dealers$500, provided that the Commissioner may waive the requirement of a surety on the bonds of applicants for retail licenses if he should determine that a surety is not essential to the protection of the interests of the State. 58-808. Monthly reports to be filed with Commissioner. (a) Every licensed wholesale dealer, importer, and broker located within this State shall file a monthly report with the Commissioner, on such forms as the Commissioner may prescribe, setting forth his wine purchases for the month and shall remit with such report the appropriate excise taxes on such wine. Such reports and remittances shall be filed with the Commissioner not later than 15th day of the month next following the month of purchase. (b) Every licensed manufacturer, winery, producer, shipper, importer, and broker shipping or causing to be shipped wines into the State of Georgia shall file a monthly report with the Commissioner on forms prescribed by the Commissioner, which shall set forth the total quantity of wines shipped into the State of Georgia during such month and shall have attached to it legible copies of all invoices covering such shipments. Such monthly reports shall be filed with the Commissioner not later than the 15th day of the month next following the month of shipment. 58-809. Shipper prohibited from shipping wines into State without a license; shippers to submit additional information. No shipper shall be permitted to ship wines into the State of Georgia without first obtaining a proper license from the Commissioner in the manner provided in this Chapter. In addition to the bond required in section 58-807 and such other documentation as may be required by the Commissioner pursuant to this Chapter, each shipper shall submit with his application one label for each brand of wine to be shipped for the first time by the shipper into the State and shall designate in the application for registration sales territories for each of its brands sold in Georgia, and shall name one licensed wholesaler in each territory who, within such territory, shall be the exclusive distributor of such brand within such territory. Such designations of wholesalers or wholesalers'

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territories shall be initially approved by the Commissioner and shall not be changed nor initially disapproved except for cause and the Commissioner shall determine cause after a hearing under regulations promulgated by the Commissioner for such purposes. 58-810. Require possession of invoices or delivery tickets when transporting nontax-paid wine; seizure and disposition of contraband wines; procedure for making and resolving claims to seized contraband wines. (a) Every person who shall transport wine, upon which the taxes imposed by this Chapter have not been paid, into or out of or within this State shall have in his actual personal possession invoices or delivery tickets showing the name and address of the seller or consignor, the name and address of the purchaser or consignee, the quantity of wine being transported, and the name and address of the person responsible for payment of the State tax at the ultimate destination. (b) All wines, and the vehicles in which the wines are being transported, which are transported into or out of or within this State without accompanying invoices or delivery tickets are hereby declared to be contraband and shall be seized by the Commissioner or his agents. Upon seizure, the Commissioner or his agents shall give a receipt to the person from whom said items were seized, if known, identifying the items seized and indicating from whom seized and the place of seizure. A copy of said receipt shall be filed in the office of the Commissioner, which copy shall be a public record open to public inspection, and a copy of said receipt shall be posted at the place of seizure. Any person desiring to make claim to such items shall within 10 days from the day of seizure file a claim with the Commissioner at his office in Atlanta. The Commissioner shall within 30 days of receipt of any such claim afford the claimant a hearing in which to show his entitlement to the seized items. The burden of proof at such hearing shall be upon the claimant to establish his claim to the items seized and to show compliance with, or justification for noncompliance with, the provisions of this section. The Commissioner shall enter a written order granting or denying the claim within 30 days from the date of the hearing. An appeal from the Commissioner's order may be taken to the Superior Court of Fulton County by filing with the Commissioner within 15 days from the date of decision a notice of appeal to the

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Superior Court of Fulton County. The appeal shall be upon the record made before the Commissioner, and the Commissioner shall, upon the filing of a notice of appeal, transmit the record and appropriate documents to the Superior Court within 30 days from the date of the filing of the notice of appeal. The Superior Court shall review the record for errors of law, violation of constitutional or statutory provisions, violation of the statutory authority of the agency, lawfulness of the procedure, lack of any evidence to support the decision, and arbitrariness and abuse of discretion, but the Court shall not substitute its judgment for that of the hearing officer as to the weight of evidence on questions of fact. (c) If no claim is filed to seized items within 10 days from the date of seizure, or if the claimant fails to establish his claim, the seized items shall be sold by the Commissioner at public sale, provided that where seized wine is determined by the Commissioner to be unfit for human consumption it shall be destroyed. 58-811. Dealing in wine at wholesale and retail prohibited without a license from the governing authority of the county or municipality; counties and municipalities granted powers to issue, refuse and revoke local licenses; revocation of local and State wine licenses. The businesses of manufacturing, distributing and selling wine at wholesale and retail are hereby declared to be privileges, and no such business shall be conducted in any county or incorporated municipality of this State without a license from the governing authority of such county or municipality, which authorities are hereby granted discretionary powers in the granting, refusal and revocation of such licenses. When any county or municipal license issued pursuant to this section shall be revoked by the governing authority of such county or municipality, any similar wine license issued to the same person by the Commissioner pursuant to this Chapter shall automatically become invalid in the county or municipality in which the license was revoked. When any State wine license issued pursuant to this Chapter shall be revoked by the Commissioner, any similar wine license issued to the same person by any county or municipality of this State shall automatically become invalid. 58-812. Certain activities prohibited; violation of section a misdemeanor; wine sold or possessed in violation of section

Page 1325

declared contraband. No person shall sell, offer for sale, or possess for the purpose of sale, wine, without first having obtained a license to deal in such wine as provided in this Chapter. Except as provided in section 58-810(a), no person shall possess wine upon which the taxes imposed by section 58-803 have not been paid. Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction therefor shall be punished as for a misdemeanor. All wine sold or possessed in violation of this section is hereby declared to be contraband and shall be seized and disposed by the Commissioner in the manner provided by section 58-810. 58-813. Sales on Sundays or on an election day a misdemeanor. It shall be unlawful for any person to sell or offer to sell wine on Sundays or on an election day, and anyone doing so shall be guilty of a misdemeanor and upon conviction therefor shall be punished as for a misdemeanor. Election day for the purposes of the sale of wine is hereby defined as that period of time beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls, and the prohibition of this section shall apply only within the territorial boundaries for which the election is being held. 58-814. Criminal provisions and procedures. (a) It shall be unlawful for any person to manufacture or sell wine without having secured a license to engage in such business as required by this Chapter, and anyone doing so shall be guilty of a misdemeanor and upon conviction therefor shall be punished as for a misdemeanor. (b) It shall be unlawful for any winery, manufacturer or shipper to willfully fail to report to the Commissioner all sales and shipments made within or into the State of Georgia, and anyone so failing shall be guilty of a misdemeanor and upon conviction therefor shall be punished as for a misdemeanor. (c) It shall be unlawful for any wholesale dealer or importer to willfully fail to report to the Commissioner all purchases as required by this Chapter, and anyone so failing shall be guilty of a misdemeanor and upon conviction therefor shall be punished as for a misdemeanor.

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(d) It shall be unlawful for any person to willfully fail to pay any tax imposed by this Chapter, and anyone so failing shall be guilty of a misdemeanor and upon conviction therefor shall be punished as for a misdemeanor. (e) It shall be unlawful for any person to willfully evade or violate, or conspire to evade or violate, any provision of this Chapter, and anyone so doing shall be guilty of a misdemeanor and upon conviction therefor shall be punished as for a misdemeanor. 58-815. Wine acquired from anyone other than wholesale dealer authorized to do business declared contraband. Any wine possessed, sold or offered for sale by a retail dealer which was purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this Chapter is hereby declared to be contraband and shall be seized and disposed of by the Commissioner in the manner provided by section 58-810. 58-816. Commissioner authorized to suspend, revoke or cancel any license or permit issued by him. The Commissioner is authorized to revoke, cancel or suspend any license or permit issued by him under this Chapter for the failure or refusal of a licensee or any agent, officer or employee of a licensee to comply with any provision of this Chapter or with any regulation promulgated by the Commissioner pursuant to this Chapter. 58-817. Agents authorized to enter premises to enforce provisions of Chapter. The Commissioner and his agents are hereby authorized to enter upon the premises of any person engaged in the manufacture, sale, distribution, storage, transportation, or illegal possession of wine at any time for the purpose of inspecting said premises and enforcing the provisions of this Chapter and shall have access during such inspection to all books, records and supplies relating to the manufacture, sale, distribution, storage, transportation or illegal possession of wine. 58-818. Assessments and penalties. (a) When the Commissioner determines from the invoices, books and records of a licensed wholesale dealer or importer, or from any other information obtained by him or his authorized agents, that the

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report of any licensed wholesale dealer or importer is incorrect or that the licensed wholesale dealer or importer has not paid the proper tax or proper amount of taxes, the Commissioner shall assess such wholesale dealer or importer for the taxes due; and the Commissioner shall provide the person assessed with notice and hearing. The Commissioner is authorized to promulgate rules and regulations in this regard. (b) There is hereby imposed a penalty equal to ten percent of the taxes due upon each wholesale dealer or importer assessed under this section. If the Commissioner determines that the tax deficiency or any part thereof is due to a fraudulent intent to evade the tax, he may assess a penalty equal to 50 percent of the taxes assessed. 58-819. Regulation of delivery, receipt and storage of wines after sale. All wines sold by a wholesale dealer to a retail dealer shall be delivered only to the premises of a licensed retail dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer who is designated to deal in the brands of wines sold and licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made, and the wine so sold shall not be delivered to or received or stored at any place other than premises for which State and local retail licenses have been issued. 58-820. Regulation of sales transactions involving wine. Each wholesale dealer shall, at the time of any sale of wine, prepare, and keep a copy of, a sales invoice containing the name of the wholesale dealer, the name, address and license number of the licensed importer, wholesaler or retailer making the purchase, the quantity and container sizes of wine sold, the date of the sale, and such other information as the Commissioner may require. The consideration paid and received for all wines sold or bought shall be cash paid at or before the time of delivery, and the invoice required by this section shall be marked `paid' at the time of delivery. Sales invoices shall be maintained at the place of business of the wholesale dealer for a period of six months after delivery. 58-821. Restriction upon licensed wholesale dealers as to whom they may sell and deliver wine to. Licensed wholesale

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dealers shall sell only to other licensed wholesale dealers and to importers and retail dealers licensed in this State. 58-822. Persons dealing in wines to keep records; records open to inspection. Every winery, manufacturer, importer, wholesale dealer and retail dealer shall keep and preserve such records of all wines manufactured, purchased and sold by him as the Commissioner may prescribe, which records shall at all times be open to inspection by the Commissioner or his authorized agents, and such records shall be kept for a period of three years from the date of manufacture, purchase or sale. 58-823. Certain persons to register with Commissioner. Every agent, representative, salesman, and employee of each winery, manufacturer, importer, producer or broker shipping or causing to be shipped wines into the State of Georgia shall register with the Commissioner, on forms prepared by the Commissioner, before engaging in the selling, promoting, displaying, or advertising of wine. 58-824. Wine to be in certain containers specified in the Standards of Fill for Wine; exemptions. All wine shipped into this State from without this State and all wine manufactured within this State shall be in containers specified in the Standards of Fill for Wine prescribed by the Department of the Treasury of the United States for wines shipped in interstate commerce; and, said federal regulations relating to Standards of Fill for Wine are hereby adopted and incorporated by reference herein. Wines manufactured and produced in the State of Georgia shall be exempt from the provisions of this section provided such container sizes were in use and exempt from such provisions on January 1, 1977. 58-825. Authorization for sale of wine by licensed airlines and railway passenger carriers. Notwithstanding any other provision of law to the contrary, nothing contained in this Chapter 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 $25, an authorization for such business, and such carriers shall pay taxes in the proper amounts

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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 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 Chapter. 58-826. Head of household may produce 200 gallons of wine per year to be consumed within his household. Notwithstanding any other provision of law to the contrary, a head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his own household without any requirement to be licensed for such purpose and such wine so produced shall not be subject to the excise tax imposed by this Chapter. 58-827. Commissioner to administer and enforce Chapter; rules and regulations. This Chapter shall be enforced and administered by the Commissioner, and the Commissioner is authorized to promulgate such regulations as he deems necessary in this regard. The Commissioner is further authorized to adopt and promulgate regulations establishing qualifications and procedures for licensing, labeling and advertising of wines. 58-828. Control and taxation of wines within the boundaries of airports. Notwithstanding any other provision of law to the contrary, no county or municipality may control, tax, regulate or exercise police powers over the sale, storage, or distribution of wine within the boundaries of an airport owned or operated by another municipality or county. 58-829. Existing forms and filings. Every form of license or tax document or other license or tax-related filing lawfully in use immediately prior to the effective date of this Chapter may continue to be so used or be effective until the Commissioner otherwise prescribes in accordance with this Chapter; except that for one year after the effective date of this Chapter, neither this Chapter nor the Commissioner shall prohibit the use of any such license or tax document or filing because of any power, prohibition or requirement contained in this Chapter which did not exist

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under laws in force immediately prior to the effective date of this Chapter. 58-830. Existing actions and violations. Repeal by this Chapter of any law shall not affect or abate any right accrued, action or proceeding commenced, or any unlawful act committed under such laws and punishment or deprivation of license or authority as a consequence thereof as provided by such laws, but all proceedings hereafter taken with respect thereto shall conform to the applicable provisions of this Chapter insofar as possible. All such laws shall be deemed to continue in force to the extent made necessary by this provision. Section 2. (a) Effective on the same date as the effective date of this Act, the following laws are hereby repealed in their entirety: (1) An Act entitled An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made from crops of grapes, fruits, and berries, whether wild or cultivated, by producers in Georgia of such crops, and to provide for the holding of an election to ratify or reject this Act; and for other purposes, approved March 23, 1935 (Ga. L. 1935, p. 492), as amended, particularly by an Act approved March 30, 1937 (Ga. L. 1937, p. 851), an Act approved February 16, 1938 (Ga. L. 1937-38, Extra. Sess., p. 185), an Act approved March 27, 1941 (Ga. L. 1941, p. 234), an Act approved March 27, 1947 (Ga. L. 1947, p. 1178), an Act approved July 30, 1949 (Ga. L. 1949, Extra. Sess., pp. 5, 7-8), an Act approved February 20, 1951 (Ga. L. 1951, pp. 356, 358-59), an Act approved June 22, 1955 (Ga. L. 1955, Extra. Sess., p. 22), an Act known as Act No. 1267 (Ga. L. 1968, p. 1438), an Act approved March 24, 1969 (Ga. L. 1969, p. 111), an Act approved April 10, 1971 (Ga. L. 1971, p. 663), an Act approved March 27, 1972 (Ga. L. 1972, p. 397), and an Act approved April 17, 1973 (Ga. L. 1973, pp. 931, 932). (2) An Act entitled An Act to amend an Act entitled `An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxes wines made from crops of grapes, fruits

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and berries, whether wild or cultivated, by producers in Georgia of such crops and to provide for the holding of an election to ratify or reject this Act; and for other purposes'; approved March 23, 1935, and contained on pages 492 to 494 of the Acts of the General Assembly of 1935; by striking certain words and sections from said Act; by legalizing the making and manufacturing and selling of domestic and foreign wines; by defining domestic and foreign wines; by providing for licensing of retail and wholesale dealers and wineries; by providing for a license tax on all dealers, manufacturers and wineries, and a tax on all wines manufactured or sold; by providing for the confiscation and destruction of wines manufactured, possessed or sold contrary to the provisions of this Act; by prohibiting the sale of wine on the Sabbath day, and to provide a penalty for the violation of this provision; by allocating the revenue derived under this Act; by providing for rules and regulations for the enforcement of this Act; by providing a separability clause, and for the repeal of all laws in conflict with this Act; and for other purposes, approved March 30, 1937 (Ga. L. 1937, p. 851), as amended, particularly by an Act spproved February 16, 1938 (Ga. L. 1937-38, Extra. Sess., p. 185), an Act approved March 27, 1941 (Ga. L. 1941, p. 234), an Act approved March 27, 1947 (Ga. L. 1947, p. 1178), an Act approved July 30, 1949 (Ga. L. 1949, Extra. Sess., pp. 5, 7-8), an Act approved February 20, 1951 (Ga. L. 1951, p. 356), an Act approved June 22, 1955 (Ga. L. 1955, Extra. Sess., p. 22), an Act approved March 24, 1969 (Ga. L. 1969, p. 111), an Act approved April 10, 1971 (Ga. L. 1971, p. 663), an Act approved March 27, 1972 (Ga. L. 1972, p. 397), and an Act approved April 17, 1973 (Ga. L. 1973, p. 931). (3) A Resolution entitled A Resolution. To ratify, approve, and confirm the Executive Order of Georgia, dated July 1, 1970, suspending the collection of Georgia wine taxes on the sale and use of wine to certain churches and synagogues for Sacramental Services until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes, approved April 10, 1971 (Ga. L. 1971, p. 762). (4) An Act entitled An act to provide that a head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his household without any requirement to be licensed for such purpose; to provide that there shall

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be no excise tax on such wine; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes, approved April 17, 1973 (Ga. L. 1973, p. 931). (b) The repeal of any Act or law enumerated in subsection (a) of this section shall not revive any Act or law, or part thereof, heretofore repealed or superseded. 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. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1977. DECEPTIVE PRACTICESFRAUDULENT OBTAINING OF PUBLIC HOUSING. Code Ch. 26-17 Amended. No. 746 (House Bill No. 747). An Act to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to prohibit fraudulent obtaining or attempting to obtain public housing, reduction in rent or subsidies; to prohibit certain false statements, failure to disclose certain information, impersonation and other fraudulent schemes or devices; to provide for penalties; to provide definitions; to provide for other matters relative to the

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foregoing; to provide notice of this law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-17, relating to deceptive practices, as amended, is hereby amended by adding at the end thereof a new Code section 26-1710, to read as follows: 26-1710. Fraudulently obtaining or attempting to obtain public housing. Any person who obtains or attempts to obtain, or who establishes or attempts to establish, eligibility for, and any person who knowingly or intentionally aids or abets such person in obtaining or attempting to obtain, or in establishing or attempting to establish eligibility for, any public housing, or a reduction in public housing rental charges, or any rent subsidy, to which such person would not otherwise be entitled, by means of a false statement, failure to disclose information, impersonation, or other fraudulent scheme or device shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. As used in this section `public housing' shall mean housing which is constructed, operated or maintained by the State, a county, a municipal corporation, a housing authority, or by any other political subdivision or public corporation of the State or its subdivisions. Section 2. Notice of this law shall be printed on the application form and shall be displayed in the office where such application is made. Notices. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1977. CRIMINAL LAWUNLAWFUL TO DISCHARGE FIREARM ON PROPERTY OF ANOTHER. Code Ch. 26-29 Amended. No. 747 (House Bill No. 756). An Act to amend Code Chapter 26-29, relative to crimes involving dangerous instrumentalities and practices, as amended, so as to provide that it shall be unlawful for any person to fire or

Page 1334

discharge a firearm on the property of another person, firm or corporation without having first obtained permission from the owner or lessee of such property; to provide exceptions; to provide a penalty; to provide for certain exceptions to certain prohibited discharges of firearms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-29, relative to crimes involving dangerous instrumentalities and practices, as amended, is hereby amended by adding immediately following Code section 26-2909 a new Code section to be designated Code section 26-2909.1 to read as follows: 26-2909.1. Discharge of firearms on property of another. (a) It shall be unlawful for any person to fire or discharge a firearm on the property of another person, firm or corporation without having first obtained permission from the owner or lessee of such property. The provisions of this Code section shall not apply to (1) persons who shall fire or discharge a firearm in defense of person or property, and (2) law enforcement officers. (b) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2. An Act relating to the use of firearms under certain circumstances, approved April 10, 1968 (Ga. L. 1968, p. 1246), as amended, is hereby amended by adding at the end of section 1 immediately before the last period thereof the following: , nor to any member of the immediate family, guest, invitee or lessee of the property owner. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1977.

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GENERAL APPROPRIATIONS ACT. No. 750 (Conference Committee Substitute to H.B. 179). An Act to make and provide appropriations for the fiscal year beginning July 1, 1977, and ending June 30, 1978; 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, 1977, and ending June 30, 1978, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and Federal Revenue Sharing Funds and a revenue estimate of $2,065,000,000 for fiscal year 1978. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 8,380,000 1. Operations $ 8,080,000 Total Funds Budgeted $ 8,080,000 State Funds Budgeted $ 8,080,000 2. For Election Blanks and Other Election Expenses $ 300,000 Total Funds Budgeted $ 300,000 State Funds Budgeted $ 300,000 Budget Unit Object Classes: Operations $ 8,080,000 Election Blanks and other Election Expenses $ 300,000

Page 1336

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

Page 1337

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 $ 2,955,000 1. Operations $ 2,605,000 Total Funds Budgeted $ 2,605,000 State Funds Budgeted $ 2,605,000 2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes: Operations $ 2,605,000 Tax Ratio Study $ 350,000 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 1,251,535 For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the

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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. Provided, however, that the sum of $7,000 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts. Section 4. Superior Courts. Budget Unit: Superior Courts $ 8,106,437 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 Georgia Laws, p. 358. Provided, however, that the listed appropriation shall be increased by the amount

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of $21,666 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $14,000 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 1977 session of the General Assembly. Provided, that of the above appropriation relating to Superior Courts, $225,000 is designated and committed for the Prosecuting Attorneys' Council for operations and $38,000 is designated and committed for the Sentence Review Panel. Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 1,380,000 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 $ 220,000 Total Funds Budgeted $ 1,239,612 State Funds Budgeted $ 220,000 For the cost of operating the Administrative Offices of the Court.

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Section 7. Appellate Court Reports. Budget Unit: Court Reports $ 116,700 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 $ 30,000 For the cost of operating the Judicial Qualifications Commission. Section 9. Board of Court Reporting. Budget Unit: $ 8,000 For the cost of operating the Board of Court Reporting. Section 10. Council of Juvenile Court Judges. Budget Unit: $ 43,000 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 $ 28,889,942 1. Georgia Building Authority Budget: Direct Payments to Authority for Operations $ 3,774,534 Capital Outlay $ 280,000 Authority Lease Rentals $ 1,050,000 Total Funds Budgeted $ 5,104,534 State Funds Budgeted $ 5,104,534 Total Positions Budgeted 0 2. Departmental Administration Budget: Personal Services $ 604,000 Regular Operating Expenses $ 50,000 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 3,200 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 667,200 State Funds Budgeted $ 667,200 Total Positions Budgeted 35 3. Fiscal Administration Budget: Personal Services $ 425,000 Regular Operating Expenses $ 31,500 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,500 Equipment Purchases $ 1,000 Computer Charges $ 3,775,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 4,243,500 State Funds Budgeted $ 4,243,500 Total Positions Budgeted 25 4. Self-Insurance Administration Budget: Personal Services $ 273,191 Regular Operating Expenses $ 16,497 Travel $ 20,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,825 Equipment Purchases $ 2,100 Computer Charges $ 500 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Workmen's Compensation $ 1,535,000 Total Funds Budgeted $ 1,850,513 State Funds Budgeted $ 1,814,513 Total Positions Budgeted 18 5. Procurement Administration Budget: Personal Services $ 782,000 Regular Operating Expenses $ 91,000 Travel $ 4,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 4,000 Computer Charges $ 100,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 999,800 State Funds Budgeted $ 999,800 Total Positions Budgeted 53 6. General Services Administration Budget: Personal Services $ 136,300 Regular Operating Expenses $ 81,000 Travel $ 750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 2,766 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 220,916 State Funds Budgeted $ 100,605 Total Positions Budgeted 13 7. Property Management Administration Budget: Personal Services $ 228,000 Regular Operating Expenses $ 28,256 Travel $ 5,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 680 Equipment Purchases $ 1,260 Computer Charges $ 21,954 Real Estate Rentals $ 19,244 Per Diem, Fees and Contracts $ 1,450 Total Funds Budgeted $ 306,044 State Funds Budgeted $ 306,044 Total Positions Budgeted 16 8. Data Processing Services Budget: Personal Services $ 9,583,549 Regular Operating Expenses $ 1,319,757 Travel $ 30,000 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 20,000 Equipment Purchases $ 103,295 Computer Charges $ 165,000 Rents and Maintenance Expense $ 10,691,182 Real Estate Rentals $ 422,703 Per Diem, Fees and Contracts $ 1,342,837 Total Funds Budgeted $ 23,683,323 State Funds Budgeted $ 10,400,000 Total Positions Budgeted 647 9. Motor Pool Services Budget: Personal Services $ 326,176 Regular Operating Expenses $ 627,348 Travel $ 1,925 Motor Vehicle Equipment Purchases $ 125,000 Publications and Printing $ 1,550 Equipment Purchases $ 6,465 Computer Charges $ 1,500 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,089,964 State Funds Budgeted $ -0- Total Positions Budgeted 29 10. Communication Services Budget: Personal Services $ 1,445,045 Regular Operating Expenses $ 309,216 Travel $ 10,024 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 47,300 Equipment Purchases $ 27,750 Computer Charges $ 73,260 Real Estate Rentals $ 8,225 Per Diem, Fees and Contracts $ 14,700 Telephone Billings $ 13,259,000 Total Funds Budgeted $ 15,194,520 State Funds Budgeted $ 5,000,000 Total Positions Budgeted 105 11. Printing Services Budget: Personal Services $ 924,738 Regular Operating Expenses $ 1,082,869 Travel $ 3,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 75,500 Computer Charges $ 5,250 Real Estate Rentals $ 39,914 Per Diem, Fees and Contracts $ 600 Total Funds Budgeted $ 2,133,321 State Funds Budgeted $ -0- Total Positions Budgeted 76 12. Central Supply Services Budget: Personal Services $ 131,794 Regular Operating Expenses $ 1,577,454 Travel $ 500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,800 Equipment Purchases $ 4,000 Computer Charges $ -0- Real Estate Rentals $ 44,419 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 1,760,967 State Funds Budgeted $ -0- Total Positions Budgeted 12 13. State Properties Commission Budget: Personal Services $ 127,688 Regular Operating Expenses $ 26,308 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 4,000 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 15,000 Total Funds Budgeted $ 186,496 State Funds Budgeted $ 186,496 Total Positions Budgeted 9 14. Volunteer Services Budget: Personal Services $ 47,500 Regular Operating Expenses $ 7,000 Travel $ 3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,750 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 3,800 Total Funds Budgeted $ 67,250 State Funds Budgeted $ 67,250 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 15,034,981 Regular Operating Expenses $ 5,248,205 Travel $ 95,749 Motor Vehicle Equipment Purchases $ 136,500 Publications and Printing $ 113,505 Equipment Purchases $ 233,336 Computer Charges $ 4,142,464 Real Estate Rentals $ 534,505 Per Diem, Fees and Contracts $ 1,379,387 Rents and Maintenance Expense $ 10,691,182 Workmen's Compensation $ 1,535,000 Direct Payments to Authority for Operations $ 3,774,534 Capital Outlay $ 280,000 Authority Lease Rentals $ 1,050,000 Telephone Billings $ 13,259,000 Total Positions Budgeted 1,041

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Section 12. Department of Agriculture. Budget Unit: Department of Agriculture $ 17,145,570 1. Plant Industry Budget: Personal Services $ 2,320,000 Regular Operating Expenses $ 209,961 Travel $ 111,580 Motor Vehicle Equipment Purchases $ 28,800 Publications and Printing $ 28,300 Equipment Purchases $ 68,934 Computer Charges $ -0- Real Estate Rentals $ 1,980 Per Diem, Fees and Contracts $ 50,600 Total Funds Budgeted $ 2,820,155 State Funds Budgeted $ 2,700,155 Total Positions Budgeted 189 2. Animal Industry Budget: Personal Services $ 692,290 Regular Operating Expenses $ 104,494 Travel $ 30,700 Motor Vehicle Equipment Purchases $ 29,400 Publications and Printing $ 8,800 Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Athens Veterinary Laboratory Contract $ 242,658 Tifton Veterinary Laboratory Contract $ 437,220 Poultry Improvement Contract $ 642,000 Veterinary Fees $ 475,000 Research Contract with Georgia Institute of Technology $ 230,000 Contract with University of Georgia to Study Avian Disease $ 250,000 Indemnities $ 150,000 Total Funds Budgeted $ 3,297,562 State Funds Budgeted $ 3,077,562 Total Positions Budgeted 51 3. Marketing Budget: Personal Services $ 1,096,000 Regular Operating Expenses $ 312,000 Travel $ 37,200 Motor Vehicle Equipment Purchases $ 17,600 Publications and Printing $ 14,200 Equipment Purchases $ 4,480 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 32,500 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Total Funds Budgeted $ 2,493,980 State Funds Budgeted $ 2,328,530 Total Positions Budgeted 89 4. General Agricultural Field Forces Budget: Personal Services $ 1,420,000 Regular Operating Expenses $ 85,474 Travel $ 160,000 Motor Vehicle Equipment Purchases $ 33,400 Publications and Printing $ 2,200 Equipment Purchases $ 8,240 Computer Charges $ -0- Real Estate Rentals $ 3,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,712,314 State Funds Budgeted $ 1,712,314 Total Positions Budgeted 131 5. Internal Administration Budget: Personal Services $ 730,000 Regular Operating Expenses $ 115,694 Travel $ 8,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,000 Equipment Purchases $ 5,000 Computer Charges $ 86,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 750 Total Funds Budgeted $ 970,944 State Funds Budgeted $ 950,944 Total Positions Budgeted 48 6. Information and Education Budget: Personal Services $ 132,600 Regular Operating Expenses $ 349,915 Travel $ 990 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 271,554 Equipment Purchases $ 3,245 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 758,304 State Funds Budgeted $ 758,304 Total Positions Budgeted 11 7. Fuel and Measures Standards Budget: Personal Services $ 708,000 Regular Operating Expenses $ 123,000 Travel $ 61,500 Motor Vehicle Equipment Purchases $ 53,800 Publications and Printing $ 6,000 Equipment Purchases $ 14,175 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 966,475 State Funds Budgeted $ 964,975 Total Positions Budgeted 62 8. Consumer Protection Budget: Personal Services $ 591,675 Regular Operating Expenses $ 56,306 Travel $ 17,500 Motor Vehicle Equipment Purchases $ 21,000 Publications and Printing $ 8,300 Equipment Purchases $ 3,575 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 699,356 State Funds Budgeted $ 699,356 Total Positions Budgeted 39 9. Consumer Protection Field Forces Budget: Personal Services $ 1,496,000 Regular Operating Expenses $ 80,000 Travel $ 107,000 Motor Vehicle Equipment Purchases $ 21,000 Publications and Printing $ 5,850 Equipment Purchases $ 2,650 Computer Charges $ -0- Real Estate Rentals $ 7,500 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,720,000 State Funds Budgeted $ 1,520,000 Total Positions Budgeted 112 10. Meat Inspection Budget: Personal Services $ 1,907,600 Regular Operating Expenses $ 52,070 Travel $ 152,140 Motor Vehicle Equipment Purchases $ 16,800 Publications and Printing $ 4,500 Equipment Purchases $ 1,390 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 75,150 Total Funds Budgeted $ 2,209,650 State Funds Budgeted $ 928,430 Total Positions Budgeted 150 11. Georgia Agrirama Development Authority Budget: Payments to Agrirama Authority for Operations $ 170,000 Total Funds Budgeted $ 170,000 State Funds Budgeted $ 170,000 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- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 710,400 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 $ 11,250,365 Regular Operating Expenses $ 1,490,914 Travel $ 726,310 Motor Vehicle Equipment Purchases $ 221,800 Publications and Printing $ 376,304 Equipment Purchases $ 116,689 Computer Charges $ 86,000 Real Estate Rentals $ 12,480 Per Diem, Fees and Contracts $ 870,400 Purchase of Bait $ 590,600 Athens Veterinary Laboratory Contract $ 242,658 Tifton Veterinary Laboratory Contract $ 437,220 Poultry Improvement Contract $ 642,000 Veterinary Fees $ 475,000 Research Contract with Georgia Institute of Technology $ 230,000 Contract with University of Georgia to Study Avian Disease $ 250,000 Indemnities $ 150,000 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Payments to Agrirama Authority for Operations $ 170,000 Total Positions Budgeted 882

Page 1351

Provided, that of the above appropriation relative to Regular Operating Expenses, $50,000 is designated and committed for livestock and poultry shows relating to research and promoting. Provided, that of the above appropriated amount relative to the Poultry Improvement

Page 1352

Contract, $80,000 is designated and committed for a Poultry Laboratory in Statesboro, Georgia. Section 13. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 2,010,865 1. Administration Budget: Personal Services $ 416,936 Regular Operating Expenses $ 48,112 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,000 Equipment Purchases $ 3,055 Computer Charges $ 6,000 Real Estate Rentals $ 37,150 Per Diem, Fees and Contracts $ 3,000 Total Funds Budgeted $ 535,253 State Funds Budgeted $ 535,253 Total Positions Budgeted 24 2. Examination Budget: Personal Services $ 1,141,682 Regular Operating Expenses $ 15,670 Travel $ 312,560 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 5,700 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,475,612 State Funds Budgeted $ 1,475,612 Total Positions Budgeted 67 Budget Unit Object Classes: Personal Services $ 1,558,618 Regular Operating Expenses $ 63,782 Travel $ 319,560 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,000 Equipment Purchases $ 8,755 Computer Charges $ 6,000 Real Estate Rentals $ 37,150 Per Diem, Fees and Contracts $ 3,000 Total Positions Budgeted 91

Page 1353

Section 14. Department of Industry and Trade. A. Budget Unit: Bureau of Industry and Trade $ 7,272,896 1. Industry Budget: Personal Services $ 371,189 Regular Operating Expenses $ 12,500 Travel $ 45,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 1,500 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 435,189 State Funds Budgeted $ 435,189 Total Positions Budgeted 19 2. Research Budget: Personal Services $ 251,759 Regular Operating Expenses $ 53,685 Travel $ 2,760 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 2,100 Computer Charges $ 13,673 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 327,977 State Funds Budgeted $ 327,977 Total Positions Budgeted 16 3. Tourism Budget: Personal Services $ 895,267 Regular Operating Expenses $ 466,704 Travel $ 51,231 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 34,768 Computer Charges $ 7,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 52,000 Local Welcome Center Contracts $ 75,230 Capital Outlay $ 100,000 Historic Chattahoochee Commission Contract $ 35,000 Total Funds Budgeted $ 1,717,600 State Funds Budgeted $ 1,717,600 Total Positions Budgeted 84 4. Internal Administration Budget: Personal Services $ 412,174 Regular Operating Expenses $ 358,410 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,900 Equipment Purchases $ 26,250 Computer Charges $ 7,500 Real Estate Rentals $ 130,051 Per Diem, Fees and Contracts $ 16,000 Direct Payments for World Congress Center Operations $ 500,000 Georgia Ports Authority Lease Rentals $ 2,790,000 General Obligation Bond Payments $ 500,000 Total Funds Budgeted $ 4,791,285 State Funds Budgeted $ 3,501,285 Total Positions Budgeted 25 5. International Budget: Personal Services $ 173,000 Regular Operating Expenses $ 68,800 Travel $ 44,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,050 Equipment Purchases $ 6,000 Computer Charges $ 9,245 Real Estate Rentals $ 23,950 Per Diem, Fees and Contracts $ 135,100 Total Funds Budgeted $ 462,845 State Funds Budgeted $ 462,845 Total Positions Budgeted 9 6. Advertising Budget: Advertising $ 828,000 Total Funds Budgeted $ 828,000 State Funds Budgeted $ 828,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 2,103,389 Regular Operating Expenses $ 960,099 Travel $ 158,191 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 43,850 Equipment Purchases $ 70,618 Computer Charges $ 37,418 Real Estate Rentals $ 154,001 Per Diem, Fees and Contracts $ 207,100 Capital Outlay $ 100,000 Local Welcome Center Contracts $ 75,230 Advertising $ 828,000 Georgia Ports Authority Lease Rentals $ 2,790,000 General Obligation Bond Payments $ 500,000 Direct Payments for World Congress Center Operations $ 500,000 Historic Chattahoochee Commission Contract $ 35,000 Total Positions Budgeted 153 B. Budget Unit: Community Affairs $ 2,620,700 1. Executive Office and Administrative Support: Personal Services $ 285,224 Regular Operating Expenses $ 50,669 Travel $ 12,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,600 Equipment Purchases $ 400 Computer Charges $ -0- Real Estate Rentals $ 4,500 Per Diem, Fees and Contracts $ 5,200 Total Funds Budgeted $ 360,893 State Funds Budgeted $ 294,372 Total Positions Budgeted 17 2. Area Development: Personal Services $ 303,009 Regular Operating Expenses $ 14,483 Travel $ 8,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,400 Equipment Purchases $ 300 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 600 Grants to Area Planning and Development Commissions $ 1,170,000 HUD 701 Planning Grants $ 750,000 Total Funds Budgeted $ 2,249,192 State Funds Budgeted $ 1,356,765 Total Positions Budgeted 16 3. Local Development: Personal Services $ 303,198 Regular Operating Expenses $ 18,376 Travel $ 17,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 1,250 Computer Charges $ 1,500 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Intermodal Contract $ 10,000 Total Funds Budgeted $ 357,524 State Funds Budgeted $ 135,837 Total Positions Budgeted 17 4. State Crime Commission Planning and Grant Administration: Personal Services $ 774,586 Regular Operating Expenses $ 69,120 Travel $ 35,015 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,800 Equipment Purchases $ 2,000 Computer Charges $ 16,459 Real Estate Rentals $ 43,035 Per Diem, Fees and Contracts $ 32,200 Total Funds Budgeted $ 992,215 State Funds Budgeted $ 89,226 Total Positions Budgeted 46 5. LEAA Grants Budget: LEAA Juvenile Justice $ 1,200,000 LEAA Action Local $ 4,599,000 LEAA Action State $ 3,600,000 LEAA State Buy-In $ 248,170 LEAA State Buy-In Reserve $ 496,330 LEAA Planning $ 525,600 Total Funds Budgeted $ 10,669,100 State Funds Budgeted $ 744,500 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 1,666,017 Regular Operating Expenses $ 152,648 Travel $ 72,915 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,800 Equipment Purchases $ 3,950 Computer Charges $ 17,959 Real Estate Rentals $ 47,535 Per Diem, Fees and Contracts $ 38,000 Intermodal Contract $ 10,000 Grants to Area Planning and Development Commissions $ 1,170,000 HUD 701 Planning Grants $ 750,000 LEAA Action Local $ 4,599,000 LEAA Action State $ 3,600,000 LEAA State Buy-In $ 248,170 LEAA State Buy-In Reserve $ 496,330 LEAA Planning $ 525,600 LEAA Juvenile Justice $ 1,200,000 Total Positions Budgeted 96 C. Budget Unit: State Building Administrative Board $ 80,000 State Building Administrative Board Budget: Personal Services $ 68,700 Regular Operating Expenses $ 1,800 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 3,000 Total Funds Budgeted $ 82,500 State Funds Budgeted $ 80,000 Total Positions Budgeted 6 Budget Unit Budget Classes: Personal Services $ 68,700 Regular Operating Expenses $ 1,800 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 3,000 Total Positions Budgeted 6

Page 1359

For general administrative cost of operating the Department of Industry and Trade, 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. Provided, however, that of the above appropriation, $100,000 is designated and committed for the construction of a Visitors Center at Plains, Georgia. Section 15. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 3,402,314 1. Internal Administration Budget: Personal Services $ 299,900 Regular Operating Expenses $ 76,204 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,860 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 9,200 Total Funds Budgeted $ 401,164 State Funds Budgeted $ 401,164 Total Positions Budgeted 19 2. Insurance Regulation Budget: Personal Services $ 555,000 Regular Operating Expenses $ 40,000 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 1,200 Computer Charges $ 88,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 14,000 Total Funds Budgeted $ 727,200 State Funds Budgeted $ 727,200 Total Positions Budgeted 43 3. Industrial Loans Regulation Budget: Personal Services $ 242,270 Regular Operating Expenses $ 22,534 Travel $ 11,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,400 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 278,704 State Funds Budgeted $ 278,704 Total Positions Budgeted 15 4. Information and Enforcement Budget: Personal Services $ 514,000 Regular Operating Expenses $ 35,000 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,850 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 566,850 State Funds Budgeted $ 566,850 Total Positions Budgeted 41 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,377,156 Regular Operating Expenses $ 76,840 Travel $ 126,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,400 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,588,396 State Funds Budgeted $ 1,428,396 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services $ 2,988,326 Regular Operating Expenses $ 250,578 Travel $ 167,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 43,510 Equipment Purchases $ 1,200 Computer Charges $ 88,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 23,200 Total Positions Budgeted 222

Page 1362

Section 16. Department of Defense. Budget Unit: Department of Defense $ 2,349,223 1. Administration and Support of State Militia Budget: Personal Services $ 590,000 Regular Operating Expenses $ 103,500 Travel $ 5,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,000 Equipment Purchases $ 9,215 Computer Charge $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 7,000 National Guard Units Grants $ 225,000 Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 25,000 Capital Outlay $ 232,995 Total Funds Budgeted $ 1,239,210 State Funds Budgeted $ 1,064,465 Total Positions Budgeted 36 Provided, that of the above appropriation relative to Capital Outlay, $31,890 is designated and committed for expansion to the Armory at Waycross, Georgia. Provided, that of the above appropriation relative to Capital Outlay, $201,105 is designated and committed for construction at the Springfield Armory. 2. Civil Defense Budget: Personal Services $ 509,400 Regular Operating Expenses $ 76,000 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,800 Equipment Purchases $ 1,350 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Capital Outlay $ 91,000 Total Funds Budgeted $ 694,550 State Funds Budgeted $ 389,890 Total Positions Budgeted 32 Provided, that of the above appropriation relative to Capital Outlay, $91,000 is designated and committed to replace obsolete emergency radio equipment at six State Warning/Communications Centers. 3. Armory Maintenance and Repair Budget: Personal Services $ 64,100 Regular Operating Expenses $ 110,000 Travel $ 4,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Capital Outlay $ 428,400 Total Funds Budgeted $ 621,100 State Funds Budgeted $ 621,100 Total Positions Budgeted 5 Provided, that of the above appropriation relative to Capital Outlay, $428,400 is designated and committed to replace defective roofs on fifteen armories. 4. Disaster Preparedness and Recovery Budget: Personal Services $ 159,528 Regular Operating Expenses $ 8,050 Travel $ 18,960 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,100 Equipment Purchases $ 3,250 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 12,000 Total Funds Budgeted $ 213,888 State Funds Budgeted $ -0- Total Positions Budgeted 9 5. Service Contracts Budget: Personal Services $ 1,430,432 Regular Operating Expenses $ 603,528 Travel $ 4,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,038,460 State Funds Budgeted $ 273,768 Total Positions Budgeted 130 Budget Unit Object Classes: Personal Services $ 2,753,460 Regular Operating Expenses $ 901,078 Travel $ 44,360 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 42,900 Equipment Purchases $ 28,015 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 19,000 National Guard Units Grants $ 225,000 Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 25,000 Capital Outlay $ 752,395 Total Positions Budgeted 212

Page 1365

Provided, that of the above appropriated amount relative to the Civil Air Patrol Contract, $25,000 is authorized to reimburse pilots for gas and oil. Section 17. State Board of Education Department of Education. A. Budget Unit: Department of Education $ 760,481,701 1. Instructional Services Budget: Personal Services $ 99,541 Regular Operating Expenses $ 14,316 Travel $ 5,050 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 2,510 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 26,200 Total Funds Budgeted $ 150,617 State Funds Budgeted $ 150,617 Total Positions Budgeted 5 2. Pre-School and Special Education Budget: Personal Services $ 580,823 Regular Operating Expenses $ 32,935 Travel $ 44,466 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ 19,801 Per Diem, Fees and Contracts $ 2,700 Total Funds Budgeted $ 687,225 State Funds Budgeted $ 427,357 Total Positions Budgeted 33 3. Governor's Honors Program Budget: Personal Services $ 214,638 Regular Operating Expenses $ 57,323 Travel $ 3,650 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,400 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ 3,150 Per Diem, Fees and Contracts $ 246,000 Total Funds Budgeted $ 529,161 State Funds Budgeted $ 399,161 Total Positions Budgeted 2 4. General Education Budget: Personal Services $ 679,104 Regular Operating Expenses $ 40,143 Travel $ 43,362 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 54,325 Equipment Purchases $ 925 Computer Charges $ -0- Real Estate Rentals $ 21,412 Per Diem, Fees and Contracts $ 43,280 Total Funds Budgeted $ 882,551 State Funds Budgeted $ 562,467 Total Position Budgeted 37 5. Vocational and Adult Education Budget: Personal Services $ 1,791,645 Regular Operating Expenses $ 235,832 Travel $ 170,229 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,360 Equipment Purchases $ 12,500 Computer Charges $ -0- Real Estate Rentals $ 16,779 Per Diem, Fees and Contracts $ 1,202,150 Total Funds Budgeted $ 3,456,495 State Funds Budgeted $ 1,086,586 Total Positions Budgeted 108 6. Compensatory Education Budget: Personal Services $ 380,535 Regular Operating Expenses $ 23,539 Travel $ 20,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 11,475 Per Diem, Fees and Contracts $ 9,870 Total Funds Budgeted $ 452,519 State Funds Budgeted $ 51,658 Total Positions Budgeted 24 7. Student Services Budget: Personal Services $ 278,637 Regular Operating Expenses $ 14,978 Travel $ 17,803 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,800 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 9,007 Per Diem, Fees and Contracts $ 342,170 Total Funds Budgeted $ 666,395 State Funds Budgeted $ 630,824 Total Positions Budgeted 16 8. Media Services Budget: Personal Services $ 2,330,072 Regular Operating Expenses $ 1,709,427 Travel $ 54,700 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 92,000 Equipment Purchases $ 282,332 Computer Charges $ -0- Real Estate Rentals $ 5,897 Per Diem, Fees and Contracts $ 189,230 Total Funds Budgeted $ 4,667,658 State Funds Budgeted $ 4,234,651 Total Positions Budgeted 181 9. Public Library Services Budget: Personal Services $ 578,004 Regular Operating Expenses $ 215,211 Travel $ 11,858 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,600 Equipment Purchases $ 3,900 Computer Charges $ -0- Real Estate Rentals $ 67,827 Per Diem, Fees and Contracts $ 22,200 Total Funds Budgeted $ 902,600 State Funds Budgeted $ 668,353 Total Positions Budgeted 51 10. Program and Staff Development Budget: Personal Services $ 730,079 Regular Operating Expenses $ 49,754 Travel $ 32,614 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,500 Equipment Purchases $ 1,250 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 372,686 Total Funds Budgeted $ 1,196,883 State Funds Budgeted $ 964,045 Total Positions Budgeted 51 11. State Administration Budget: Personal Services $ 576,237 Regular Operating Expenses $ 86,972 Travel $ 18,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,000 Equipment Purchases $ 16,000 Computer Charges $ -0- Real Estate Rentals $ 8,566 Per Diem, Fees and Contracts $ 121,200 Total Funds Budgeted $ 844,725 State Funds Budgeted $ 681,075 Total Positions Budgeted 29 12. Administrative Services Budget: Personal Services $ 3,430,966 Regular Operating Expenses $ 462,409 Travel $ 176,000 Motor Vehicle Equipment Purchases $ 11,000 Publications and Printing $ 98,000 Equipment Purchases $ 15,000 Computer Charges $ 400,850 Real Estate Rentals $ 62,000 Per Diem, Fees and Contracts $ 29,287 Total Funds Budgeted $ 4,685,512 Indirect DOAS Services Funding $ 220,000 State Funds Budgeted $ 2,797,344 Total Positions Budgeted 235 13. Local Programs Budget: Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 26,743,567 Direct Grants to School Systems for Capital Outlay Purposes $ 624,243 Authority Lease Rentals $ 333,204 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 353,270,090 Salaries of Instructional Personnel (Sec. 5) $ 44,918,560 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 15,469,731 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 44,987,573 Pre-School Leadership Personnel (Sec. 21(c) (1)) $ 43,220 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 1,423,735 Instructional Media (Sec. 13) $ 13,898,495 Instructional Equipment (Sec. 14) $ 654,050 Maintenance and Operation (Sec. 15) $ 60,359,181 Sick and Personal Leave (Sec. 16) $ 2,978,250 Travel (Sec. 17) $ 606,322 Pupil TransportationRegular (Sec. 25) $ 35,044,185 Pupil TransportationSpecial (Sec. 25) $ 2,779,602 Isolated Schools $ 134,071 Selective Pre-School Development $ 10,855,220 Mid-Term Adjustment $ 2,000,000 Non-APEG Grants: Education of Children of Low-Income Families $ 47,036,602 Driver Education $ 300,000 Teacher Retirement $ 45,529,731 Instructional Services for the Handicapped $ 2,299,715 Preparation of Professional Personnel in Education of Handicapped Children $ 106,454 Educational Training Services for the Mentally Retarded $ 30,000 Tuition for the Multihandicapped $ 622,000 Severely Emotionally Disturbed $ 5,727,467 Compensatory Education $ 12,746,747 Guidance, Counseling and Testing $ 180,626 School Library Resources and Other Materials $ 3,429,284 School Lunch $ 96,812,483 Supplementary Education Centers and Services $ 3,012,708 Staff Development $ 890,000 Supervision and Assessment of Students $ 545,000 Cooperative Educational Service Agencies $ 2,412,000 Superintendents' Salaries $ 3,345,720 High School Program $ 15,714,096 Area Vocational-Technical Schools $ 31,671,690 Junior College Vocational Program $ 729,120 Quick Start Program $ 1,000,000 Comprehensive Employment and Training $ 3,225,000 Vocational Research and Curriculum $ 162,000 Adult Education $ 2,627,257 Salaries and Travel of Public Librarians $ 2,904,078 Public Library Materials $ 1,811,952 Talking Book Centers $ 256,000 Public Library Maintenance and Operation $ 1,149,072 Public Library Construction $ 1,000,000 Comprehensive Planning $ 500,000 Competency-Based High School Graduation Requirements $ 250,000 Total Funds Budgeted $ 905,150,101 State Funds Budgeted $ 747,827,563 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 11,670,281 Regular Operating Expenses $ 2,942,839 Travel $ 599,282 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 325,285 Equipment Purchases $ 335,917 Computer Charges $ 400,850 Real Estate Rentals $ 225,914 Per Diem, Fees and Contracts $ 2,606,973 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 353,270,090 Salaries of Instructional Personnel (Sec. 5) $ 44,918,560 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 15,469,731 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 44,987,573 Pre-School Leadership Personnel (Sec. 21(c) (1)) $ 43,220 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 1,423,735 Instructional Media (Sec. 13) $ 13,898,495 Instructional Equipment (Sec. 14) $ 654,050 Maintenance and Operation (Sec. 15) $ 60,359,181 Sick and Personal Leave (Sec. 16) $ 2,978,250 Travel (Sec. 17) $ 606,322 Pupil TransportationRegular (Sec. 25) $ 35,044,185 Pupil TransportationSpecial (Sec. 25) $ 2,779,602 Isolated Schools $ 134,071 Selective Pre-School Development $ 10,855,220 Mid-Term Adjustment $ 2,000,000 Non-APEG Grants: Education of Children of Low-Income Families $ 47,036,602 Driver Education $ 300,000 Teacher Retirement $ 45,529,731 Instructional Services for the Handicapped $ 2,299,715 Preparation of Professional Personnel in Education of Handicapped Children $ 106,454 Educational Training Services for the Mentally Retarded $ 30,000 Tuition for the Multi-handicapped $ 622,000 Severely Emotionally Disturbed $ 5,727,467 Compensatory Education $ 12,746,747 High School Program $ 15,714,096 Vocational Research and Curriculum $ 162,000 Adult Education $ 2,627,257 Area vocational Technical Schools $ 31,671,690 Junior College Vocational Program $ 729,120 Quick Start Program $ 1,000,000 Comprehensive Employment and Training $ 3,225,000 Guidance, Counseling and Testing $ 180,626 School Library Resources and Other Materials $ 3,429,284 Salaries and Travel of Public Librarians $ 2,904,078 Public Library Materials $ 1,811,952 Talking Book Centers $ 256,000 Public Library Maintenance and Operation $ 1,149,072 Public Library Construction $ 1,000,000 School Lunch $ 96,812,483 Supplementary Education Centers and Services $ 3,012,708 Staff Development $ 890,000 Supervision and Assessment of Students $ 545,000 Cooperative Educational Service Agencies $ 2,412,000 Superintendents' Salaries $ 3,345,720 Comprehensive Planning $ 500,000 Competency-Based High School Graduation Requirements $ 250,000 Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 26,743,567 Direct Grants to School Systems for Capital Outlay Purposes $ 624,243 Authority Lease Rentals $ 333,204 Total Positions Budgeted 772 B. Budget Unit: Institutions $ 9,483,365 1. Georgia Academy for the Blind Budget: Personal Services $ 1,508,318 Regular Operating Expenses $ 270,100 Travel $ 3,300 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 1,800 Equipment Purchases $ 20,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,625 Capital Outlay $ -0- Total Funds Budgeted $ 1,812,643 State Funds Budgeted $ 1,554,805 Total Positions Budgeted 153 2. Georgia School for the Deaf Budget: Personal Services $ 2,806,024 Regular Operating Expenses $ 612,788 Travel $ 4,500 Motor Vehicle Equipment Purchases $ 14,000 Publications and Printing $ -0- Equipment Purchases $ 74,748 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 10,551 Capital Outlay $ -0- Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 3,546,011 State Funds Budgeted $ 3,134,165 Total Positions Budgeted 284 3. Atlanta Area School for the Deaf Budget: Personal Services $ 976,568 Regular Operating Expenses $ 221,944 Travel $ 2,686 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 750 Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 45,325 Capital Outlay $ -0- Total Funds Budgeted $ 1,252,273 State Funds Budgeted $ 1,173,666 Total Positions Budgeted 80 4. Alto Education and Evaluation Center Budget: Personal Services $ 801,999 Regular Operating Expenses $ 169,821 Travel $ 4,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 23,836 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,001,406 State Funds Budgeted $ 698,316 Total Positions Budgeted 54 5. North Georgia Vocational-Technical School Budget: Personal Services $ 1,402,249 Regular Operating Expenses $ 568,945 Travel $ 16,030 Motor Vehicle Equipment Purchases $ 16,500 Publications and Printing $ 4,275 Equipment Purchases $ 93,500 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 43,000 Authority Lease Rentals $ 54,750 Total Funds Budgeted $ 2,199,249 State Funds Budgeted $ 1,565,321 Total Positions Budgeted 103 6. South Georgia Vocational-Technical School Budget: Personal Services $ 1,193,000 Regular Operating Expenses $ 382,693 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,360 Equipment Purchases $ 127,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 3,360 Capital Outlay $ -0- Authority Lease Rentals $ 49,315 Total Funds Budgeted $ 1,770,728 State Funds Budgeted $ 1,251,785 Total Positions Budgeted 96 7. State Schools Administration Budget: Personal Services $ 106,332 Regular Operating Expenses $ 3,615 Travel $ 4,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 650 Equipment Purchases $ 300 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 115,397 State Funds Budgeted $ 105,307 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 8,794,490 Regular Operating Expenses $ 2,229,906 Travel $ 47,266 Motor Vehicle Equipment Purchases $ 37,000 Publications and Printing $ 12,335 Equipment Purchases $ 344,384 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 104,861 Capital Outlay $ -0- Authority Lease Rentals $ 127,465 Total Positions Budgeted 776

Page 1377

Provided, that none of the State funds appropriated above may be expended to initiate

Page 1378

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, $12,746,747 is designated and committed for a compensatory education program for students in grades 1 through 5 and shall be used for remedial purposes only. Provided, further, that $10,246,747 of these funds shall be distributed on a parity formula based on the total average daily attendance in grades 1 through 5 while the remaining funds of $2,500,000 shall be distributed on the basis of the proportion of students in each local system failing to achieve 10 or more of the objectives on the fourth grade criterion-referenced test in reading. 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 September 1 and who have the greater developmental needs. Provided, however, that such needs 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.

Page 1379

Provided, further, that for said selective pre-school development programs, 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. Allotments shall be based upon 1976-77 attendance data from the selected pre-school development program for continuation of existing programs; additional allotments shall be based upon the proportion of the local system's first grade ADA to the total State first grade ADA, with unused allotments redistributed to local systems on the basis of need as determined by the State Board of Education. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost and $8,024 for operational cost incurred by continued units and $9,521 for operational cost incurred by new units in pre-school development programs. Operational cost shall 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 minibuses transportation program for Special Education Students. Provided, that the State Board of Education shall make allotments for sections 5, 10, 20,

Page 1380

and 21 teachers on the basis of the index schedule used for fiscal year 1973. Provided, further, that the funds appropriated above for salary increases for vocational education (section 32-611-a of APEG) such increases may be used to adjust the present salary schedules to a single index schedule as approved by the State Board of Education, which includes all levels of certification. 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.

Page 1381

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 75 cents per child in average daily attendance. Provided, that of the above appropriation relative to Public Library Construction Grants, $1,000,000 is designated and committed for public library construction and renovation. Provided, that of the above appropriation relative to High School Program Grants, $85,000 is designated and committed to equip the vocational education facilities at Newton County High School. Provided, that all new teaching positions authorized under section 5 not allotted to SED centers and institutions, as well as those which were not filled at any time during the preceding fiscal year, shall be distributed proportionally among local systems on the basis of the number of teachers still needed to serve exceptional children, and that all positions

Page 1382

that are not filled by September 1 shall be reallocated by the State Board of Education to systems which had filled all positions allocated earlier. Provided, that of the above appropriation relative to High School Program Grants, $36,000 is designated and committed to equip the comprehensive high school in Rockmart. Provided, that of the above appropriation relative to High School Program Grants, $25,000 is designated and committed to furnish and equip a Young Farmers Vocational Education Building at Cairo High School in Grady County. Provided, that of the above appropriation relative to the Quick-Start Program Grant, an amount not to exceed $37,000 may be utilized to establish two positions and necessary operating expenses for increased workload in the Quick-Start Training Program in the Department of Education. Provided, that of the above appropriation relative to Travel (section 32-617a of APEG), such funds shall be allocated to local systems based on 70 cents per student in average daily attendance. It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds, authorized in section 45 of this Act, for the purpose of renovating public school buildings and facilities shall be determined on the basis of policies and procedures to be developed by the State Board of Education, which shall include, but not be limited to, the following:

Page 1383

1. Only one single building project per local system shall be eligible for State funds in any one fiscal year. 2. No project shall be eligible if the estimated cost of construction exceeds 60 percent of the estimated cost of a new building to house the same programs. 3. No project shall be eligible unless it is to be utilized at or near capacity for the foreseeable future. 4. No project shall be eligible unless it comprehensively addresses all needed improvements to house the functions and educational programs within the facility. 5. A higher priority ranking shall be given to those projects which: a. Require a lesser percentage of construction cost for items which would otherwise be financed from maintenance and operation funds. b. Require a less cost per square foot. 6. A local system shall be required to provide local funds in an amount to be determined by the State Board of Education's policies which reflect the local system's financial ability to participate. It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds, authorized in section 45 of this Act, for the purpose of financing a school construction program throughout the State of Georgia shall be determined on the basis of a formula to be promulgated by the State Board of Education, based on current increased

Page 1384

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 of the above appropriation relative to the Educational Training Services for the Mentally Retarded Grant, $25,000 is designated and committed to fund a demonstration project at the Bostwick Center in Bostwick, Georgia. Section 18. Employees' Retirement System. Budget Unit: Employees' Retirement System $ -0- 1. Employees' Retirement System Budget: Personal Services $ 440,000 Regular Operating Expenses $ 50,878 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 3,275 Computer Charges $ 175,000 Per Diem, Fees and Contracts $ 276,283 Total Funds Budgeted $ 963,436 State Funds Budgeted $ -0- Total Positions Budgeted 32 Budget Unit Object Classes: Personal Services $ 440,000 Regular Operating Expenses $ 50,878 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 3,275 Computer Charges $ 175,000 Per Diem, Fees and Contracts $ 276,283 Total Positions Budgeted 32

Page 1385

Section 19. Forest Research Council. Budget Unit: Forest Research Council $ 581,341 Forest Research Council Budget: Personal Services $ 103,690 Regular Operating Expenses $ 25,550 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,150 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Contractual Research $ 436,490 Total Funds Budgeted $ 590,380 State Funds Budgeted $ 581,341 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 103,690 Regular Operating Expenses $ 25,550 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,150 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Contractual Research $ 436,490 Total Positions Budgeted 6

Page 1386

Section 20. Forestry Commission. Budget Unit: Forestry Commission $ 10,830,301 1. Reforestation Budget: Personal Services $ 476,000 Regular Operating Expenses $ 270,000 Travel $ 3,300 Motor Vehicle Equipment Purchases $ 15,600 Publications and Printing $ 514 Equipment Purchases $ 13,375 Computer Charges $ 11,099 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 45,000 Total Funds Budgeted $ 834,888 State Funds Budgeted $ 253,184 Total Positions Budgeted 30 2. Field Services Budget: Personal Services $ 9,336,774 Regular Operating Expenses $ 1,687,779 Travel $ 65,203 Motor Vehicle Equipment Purchases $ 960,000 Publications and Printing $ 26,552 Equipment Purchases $ 125,775 Computer Charges $ 19,760 Real Estate Rentals $ 25 Per Diem, Fees and Contracts $ 7,890 Ware County Grant $ 60,000 Capital Outlay $ 178,900 Total Funds Budgeted $ 12,468,658 State Funds Budgeted $ 10,087,782 Total Positions Budgeted 808 3. General Administration and Support Budget: Personal Services $ 376,000 Regular Operating Expenses $ 83,500 Travel $ 11,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,200 Equipment Purchases $ 500 Computer Charges $ 64,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,900 Total Funds Budgeted $ 548,600 State Funds Budgeted $ 489,335 Total Positions Budgeted 22 Budget Unit Object Classes: Personal Services $ 10,188,774 Regular Operating Expenses $ 2,041,279 Travel $ 80,003 Motor Vehicle Equipment Purchases $ 975,600 Publications and Printing $ 37,266 Equipment Purchases $ 139,650 Computer Charges $ 94,859 Real Estate Rentals $ 25 Per Diem, Fees and Contracts $ 55,790 Ware County Grant $ 60,000 Capital Outlay $ 178,900 Total Positions Budgeted 860

Page 1387

Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Cooperative Forest Protection, Cooperative Forest Management, Insect and Disease, Forest Incentive and Public Service Employment Programs in the Field Services Activity of 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. This provision shall not apply to project grants.

Page 1388

Provided, that of the above appropriation relating to Capital Outlay, $178,900 is designated and committed for construction or replacement of an airplane hangar, county offices, shops and truck sheds. Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 8,272,057 1. General Administration Budget: Personal Services $ 413,200 Regular Operating Expenses $ 40,700 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 26,600 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 486,500 State Funds Budgeted $ 461,400 Total Positions Budgeted 28 2. Investigative Division Budget: Personal Services $ 3,139,900 Regular Operating Expenses $ 437,500 Travel $ 273,000 Motor Vehicle Equipment Purchases $ 139,200 Publications and Printing $ 23,500 Equipment Purchases $ 20,000 Computer Charges $ 3,500 Real Estate Rentals $ 51,500 Per Diem, Fees and Contracts $ -0- Evidence Purchased $ 138,000 Total Funds Budgeted $ 4,226,100 State Funds Budgeted $ 3,759,800 Total Positions Budgeted 169 3. Crime Laboratory Budget: Personal Services $ 1,266,000 Regular Operating Expenses $ 265,200 Travel $ 14,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,300 Equipment Purchases $ 112,000 Computer Charges $ 130,922 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,791,822 State Funds Budgeted $ 1,669,022 Total Positions Budgeted 78 4. Georgia Crime Information Center Budget: Personal Services $ 1,323,000 Regular Operating Expenses $ 325,000 Travel $ 9,735 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 83,000 Equipment Purchases $ 14,000 Computer Charges $ 910,000 Real Estate Rentals $ 3,000 Per Diem, Fees and Contracts $ 5,300 Total Funds Budgeted $ 2,673,035 State Funds Budgeted $ 2,381,835 Total Positions Budgeted 102 Budget Unit Object Classes: Personal Services $ 6,142,100 Regular Operating Expenses $ 1,068,400 Travel $ 302,135 Motor Vehicle Equipment Purchases $ 139,200 Publications and Printing $ 110,800 Equipment Purchases $ 146,000 Computer Charges $ 1,044,422 Real Estate Rentals $ 81,100 Per Diem, Fees and Contracts $ 5,300 Evidence Purchased $ 138,000 Total Positions Budgeted 377

Page 1390

Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Investigative Division and Georgia Crime Information Center Activities of 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. This provision shall not apply to project grants. Section 22. Georgia Franchise Practices Commission. Budget Unit: Georgia Franchise Practices Commission $ 46,810 Georgia Franchise Practices Commission Budget:. Personal Services $ 29,200 Regular Operating Expenses $ 6,790 Travel $ 500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 800 Computer Charges $ -0- Real Estate Rentals $ 2,520 Per Diem, Fees and Contracts $ 5,000 Total Funds Budgeted $ 46,810 State Funds Budgeted $ 46,810 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 29,200 Regular Operating Expenses $ 6,790 Travel $ 500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 800 Computer Charges $ -0- Real Estate Rentals $ 2,520 Per Diem, Fees and Contracts $ 5,000 Total Positions Budgeted 2

Page 1391

Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 695,000 Regular Operating Expenses $ 110,000 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 11,600 Computer Charges $ 8,000 Real Estate Rentals $ 49,808 Per Diem, Fees and Contracts $ 254,000 Total Funds Budgeted $ 1,154,908 State Funds Budgeted $ -0- Total Positions Budgeted 40 Budget Unit Object Classes: Personal Services $ 695,000 Regular Operating Expenses $ 110,000 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 11,600 Computer Charges $ 8,000 Real Estate Rentals $ 49,808 Per Diem, Fees and Contracts $ 254,000 Total Positions Budgeted 40 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, 1978, 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, Department of Human Resources, and the Department of Offender Rehabilitation, authorized in section 45 of this Act, shall be approximately as listed hereunder, if and when bonds are issued to finance the construction of such projects: Area Vocational-Technical School at Augusta $ 3,880,000 Area Vocational-Technical School in Troup County $ 1,297,000 Area Vocational-Technical School in Ware County $ 933,000 Area Vocational-Technical School at Savannah $ 3,380,000 Instructional Building at Georgia Academy for the Blind $ 1,840,000 Middle School Dormitory and Clinic Building at Georgia School for the Deaf $ 2,300,000 Food Service Building at Georgia School for the Deaf $ 1,250,000 Central Services Building at Atlanta Area School for the Deaf $ 1,600,000 Acquisition of Facility in Albany $ 2,600,000 Sheltered Workshops in Dougherty and Gwinnett Counties $ 900,000 Community Correctional Center in Atlanta $ 10,700,000 Community Correctional Center in Savannah $ 11,000,000 Regional Youth Development Center in Fitzgerald $ 750,000

Page 1393

Provided, that unless the Department of Human Resources provides certification of need for the construction of a Regional Youth Development Center at Fitzgerald, Georgia, prior to June 30, 1978, the Georgia State Financing and Investment Commission shall not sell these bonds, and all funds appropriated for such center shall be returned to the State Treasury. Section 24. Office of the Governor. A. Budget Unit: Governor's Office $ 3,097,385 1. Governor's Office Budget: Cost of Operations $ 961,550 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Total Funds Budgeted $ 3,001,550 State Funds Budgeted $ 3,001,550 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. 2. Intern Program Budget: Personal Services $ 59,585 Regular Operating Expenses $ 7,050 Travel $ 1,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 750 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Intern Stipends $ 25,000 Total Funds Budgeted $ 95,835 State Funds Budgeted $ 95,835 Total Positions Budgeted 4 Budget Unit Object Classes: Cost of Operations $ 961,550 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Personal Services $ 59,585 Regular Operating Expenses $ 7,050 Travel $ 1,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 750 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Intern Stipends $ 25,000 Total Positions Budgeted 4 B. Budget Unit: Office of Planning and Budget $ 3,171,430 1. General Administration and Support Budget: Personal Services $ 346,289 Regular Operating Expenses $ 35,737 Travel $ 8,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 1,500 Computer Charges $ 8,500 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 40,500 Payments to Regional Commissions $ 127,500 Total Funds Budgeted $ 571,026 State Funds Budgeted $ 558,026 Total Positions Budgeted 18 2. Council of the Arts Budget: Personal Services $ 77,111 Regular Operating Expenses $ 9,251 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,100 Equipment Purchases $ 1,288 Computer Charges $ -0- Real Estate Rentals $ 13,005 Per Diem, Fees and Contracts $ 7,000 Art Grants $ 831,300 Total Funds Budgeted $ 945,555 State Funds Budgeted $ 414,255 Total Positions Budgeted 5 3. Budget Division Budget: Personal Services $ 362,000 Regular Operating Expenses $ 14,200 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,500 Equipment Purchases $ 13,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 405,200 State Funds Budgeted $ 292,200 Total Positions Budgeted 16 4. Intergovernmental Relations Budget: Personal Services $ 387,000 Regular Operating Expenses $ 24,000 Travel $ 23,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 747 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 439,747 State Funds Budgeted $ 384,747 Total Positions Budgeted 22 5. Management Review Budget: Personal Services $ 315,799 Regular Operating Expenses $ 10,670 Travel $ 4,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,360 Computer Charges $ 500 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 332,829 State Funds Budgeted $ 282,829 Total Positions Budgeted 15 6. Policy Planning Budget: Personal Services $ 620,000 Regular Operating Expenses $ 32,000 Travel $ 50,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 3,000 Computer Charges $ 52,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 621,500 Total Funds Budgeted $ 1,414,500 State Funds Budgeted $ 342,227 Total Positions Budgeted 39 7. Office of Consumer Affairs: Personal Services $ 660,000 Regular Operating Expenses $ 140,000 Travel $ 13,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,000 Equipment Purchases $ 775 Computer Charges $ 10,000 Real Estate Rentals $ 48,366 Per Diem, Fees and Contracts $ 6,000 Total Funds Budgeted $ 894,141 State Funds Budgeted $ 607,141 Total Positions Budgeted 50 8. State Energy Office Budget: Personal Services $ 170,522 Regular Operating Expenses $ 26,698 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,000 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,100 Total Funds Budgeted $ 220,320 State Funds Budgeted $ 170,320 Total Positions Budgeted 12 9. Georgia Post-Secondary Education Commission Budget: Personal Services $ 80,164 Regular Operating Expenses $ 8,463 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 875 Computer Charges $ 5,000 Real Estate Rentals $ 6,671 Per Diem, Fees and Contracts $ 11,650 Total Funds Budgeted $ 118,823 State Funds Budgeted $ 44,785 Total Positions Budgeted 4 10. Facilities Management Budget: Personal Services $ 66,900 Regular Operating Expenses $ 4,000 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 74,900 State Funds Budgeted $ 74,900 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 3,085,785 Regular Operating Expenses $ 305,019 Travel $ 126,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 82,600 Equipment Purchases $ 23,545 Computer Charges $ 76,000 Real Estate Rentals $ 68,042 Per Diem, Fees and Contracts $ 690,750 Art Grants $ 831,300 Payments to Regional Commissions $ 127,500 Total Positions Budgeted 184

Page 1399

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 $ 147,376,608 1. General Administration and Support Budget: Personal Services $ 9,247,548 Regular Operating Expenses $ 1,180,878 Travel $ 296,820 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 38,350 Equipment Purchases $ 28,964 Computer Charges $ 1,250,000 Real Estate Rentals $ 293,595 Per Diem, Fees and Contracts $ 634,300 Capital Outlay $ 310,000 Total Funds Budgeted $ 13,280,455 Indirect DOAS Services Funding $ 1,320,000 Agency Funds $ 5,714,438 State Funds Budgeted $ 6,246,017 Total Positions Budgeted 653

Page 1400

General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 359,210 $ 359,210 16 Volunteer Services $ 308,425 $ 308,425 15 Comprehensive Health Planning $ 200,930 $ 50,232 10 Planning and Budget $ 520,200 $ 520,200 31 Evaluation and Research $ 1,623,065 $ 1,598,065 80 Director's OfficeState and Local Affairs $ 238,700 $ 238,700 13 Affirmative Action $ 63,920 $ 63,920 4 Child Support Recovery Contracts $ 227,500 $ 107,500 0 Child Support Recovery $ 842,020 $ 210,505 65 District Coordination $ 1,599,145 $ 1,554,145 72 Grants Management $ 127,870 $ 127,870 7 Public Relations and Information $ 117,500 $ 117,500 7 Regional Building Maintenance $ 350,900 $ 350,900 0 Special Administrative Services $ 457,895 $ 457,895 29 Staff Development and Training $ 512,600 $ 470,400 27 Administrative Policy, Coordination and Direction $ 76,000 $ 76,000 3 Financial Accounting and Control $ 1,358,275 $ 1,333,275 110 Personnel $ 851,800 $ 813,200 63 Administrative Support Services $ 1,550,550 $ 1,364,550 66 Systems Planning, Development and Training $ 255,750 $ 255,750 14 Electronic Data Processing, Planning and Coordination $ 1,250,000 $ 37,500 0 Patient Accounts $ 146,300 $ 146,300 13 Appalachian Health and Child Development Office $ 241,900 $ 37,975 8 Indirect Cost $ -0- $ (4,354,000) 0 Undistributed $ -0- $ -0- 0 Total $13,280,455 $ 6,246,017 653

Page 1401

2. Special Programs: Personal Services $ 351,000 Regular Operating Expenses $ 27,900 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 29,085 Per Diem, Fees and Contracts $ 29,500 Total Funds Budgeted $ 449,485 Indirect DOAS Services Funding $ -0- Agency Funds $ 254,853 State Funds Budgeted $ 194,632 Total Positions Budgeted 21 Special Programs Functional Budgets Total Funds State Funds Pos. State Economic Opportunity Office $ 270,410 $ 90,410 13 Council on Family Planning $ 83,170 $ 8,317 4 Council on Maternal and Infant Health $ 95,905 $ 95,905 4 Undistributed $ -0- $ -0- 0 Total $ 449,485 $ 194,632 21

Page 1402

3. Physical Health-Program Direction and Support Budget: Personal Services $ 1,330,500 Regular Operating Expenses $ 210,950 Travel $ 47,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,500 Equipment Purchases $ 9,900 Computer Charges $ -0- Real Estate Rentals $ 11,200 Per Diem, Fees and Contracts $ 10,500 Total Funds Budgeted $ 1,645,150 Indirect DOAS Services Funding $ 100,000 Agency Funds $ 189,700 State Funds Budgeted $ 1,355,450 Total Positions Budgeted 98 Physical Health-Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 331,100 $ 231,100 7 Employee's Health $ 202,700 $ 121,000 10 Office of Professional Services $ 257,100 $ 177,100 13 Health Program Management $ 157,500 $ 157,500 9 Vital Records $ 553,200 $ 553,200 49 Health Services Research $ 143,550 $ 115,550 10 Undistributed $ -0- $ -0- 0 Total $ 1,645,150 $ 1,355,450 98

Page 1403

4. Physical Health-Family Health Budget: Personal Services $ 3,218,000 Regular Operating Expenses $ 1,096,450 Travel $ 99,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 39,000 Equipment Purchases $ 10,300 Computer Charges $ 140,000 Real Estate Rentals $ 250,855 Per Diem, Fees and Contracts $ 4,571,785 Regional Grants for Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,405,000 Kidney Disease Benefits $ 450,000 Cancer Control Benefits $ 772,290 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 $ 25,000 Family Planning Benefits $ 226,530 Total Funds Budgeted $ 14,729,710 Indirect DOAS Services Funding $ 25,000 Agency Funds $ 8,665,853 State Funds Budgeted $ 6,038,857 Total Positions Budgeted 233 Physical Health-Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management $ 4,199,955 $ 59,955 10 Crippled Children Unit $ 5,499,950 $ 2,865,850 117 Maternal Health $ 380,000 $ 306,015 9 Infant and Child Health $ 667,820 $ 575,700 18 Chronic Disease $ 2,348,273 $ 1,959,296 41 Malnutrition $ 477,650 $ -0- 12 Family Planning $ 886,662 $ 88,666 17 Dental Health $ 269,400 $ 183,375 9 Undistributed $ -0- $ -0- 0 Total $ 14,729,710 $ 6,038,857 233

Page 1404

5. Physical HealthCommunity Health Budget: Personal Services $ 5,435,000 Regular Operating Expenses $ 1,165,750 Travel $ 209,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 46,300 Equipment Purchases $ 8,400 Computer Charges $ 18,540 Real Estate Rentals $ 133,225 Per Diem, Fees and Contracts $ 397,610 Facilities Construction Grants $ 8,925,000 Total Funds Budgeted $ 16,339,025 Indirect DOAS Services Funding $ 20,000 Agency Funds $ 5,897,140 State Funds Budgeted $ 10,421,885 Total Positions Budgeted 366 Physical Health - Community Health Functional Budgets Total Funds State Funds Pos. Community Health Management $ 144,900 $ 124,900 4 Environmental HealthDirector's Office $ 164,250 $ 164,250 7 General Sanitation $ 169,800 $ 169,800 9 Institutional Health $ 123,700 $ 123,700 7 Radiological Health $ 256,700 $ 256,700 12 Occupational Health $ 79,500 $ 79,500 5 Land Use $ 157,600 $ 157,600 9 Epidemiology $ 590,800 $ 590,800 7 Immunization $ 57,850 $ -0- 3 Venereal Disease $ 150,375 $ 150,375 7 Tuberculosis Control $ 780,600 $ 603,600 30 Laboratory Services $ 2,096,900 $ 1,931,360 141 Laboratory Licensure $ 370,100 $ 263,100 21 Standards and Licensure $ 815,600 $ 82,600 37 Quality Control $ 544,650 $ 71,150 33 Plans and Construction $ 9,475,350 $ 5,292,100 22 Emergency Health $ 360,350 $ 360,350 12 Undistributed $ -0- $ -0- 0 Total $ 16,339,025 $ 10,421,885 366

Page 1405

6. Physical HealthLocal Services Budget: Personal Services $ 7,109,736 Regular Operating Expenses $ 589,400 Travel $ 444,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ 29,125 Computer Charges $ -0- Real Estate Rentals $ 74,900 Per Diem, Fees and Contracts $ 2,415,866 Family Planning Benefits $ 10,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 2,853,864 Grant for DeKalb County Mental Retardation Project $ 106,646 Grant for Chatham County Mental Retardation Project $ 102,464 Grant-In-Aid to Counties $ 10,460,000 Total Funds Budgeted $ 24,201,001 Indirect DOAS Services Funding $ 53,200 Agency Funds $ 7,319,519 State Funds Budgeted $ 16,828,282 Total Positions Budgeted 523 Physical HealthLocal Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation $ 4,587,900 $ 4,485,410 234 Grant-In-Aid to Counties $ 10,460,000 $ 7,541,000 0 Stroke and Heart Attack Prevention $ 509,500 $ 509,500 27 Family Planning $ 3,698,466 $ 326,147 175 Sickle Cell, Vision and Hearing $ 234,700 $ 234,700 17 Sexually Transmitted Diseases $ 572,000 $ 30,700 15 High Risk Pregnant Women and Their Infants $ 2,985,000 $ 2,985,000 15 Newborn Follow-Up Care $ 182,200 $ 182,200 13 District Dental $ 533,625 $ 533,625 18 Comprehensive Maternal and Infant Care Project $ 228,500 $ -0- 9 Mental Retardation Projects $ 209,110 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 24,201,001 $ 16,828,282 523

Page 1406

7. Mental HealthProgram Direction and Support Budget: Personal Services $ 999,000 Regular Operating Expenses $ 78,800 Travel $ 60,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ -0- Computer Charges $ 600,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 440,000 Total Funds Budgeted $ 2,185,800 Indirect DOAS Services Funding $ 323,000 Agency Funds $ 487,000 State Funds Budgeted $ 1,375,800 Total Positions Budgeted 57

Page 1407

Mental Health-Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration and Support $ 1,710,300 $ 1,375,800 52 Developmental Disabilities Services $ 475,500 $ -0- 5 Undistributed $ -0- $ -0- 0 Total $ 2,185,800 $ 1,375,800 57 8. Drug and Alcohol Services Budget: Personal Services $ 1,582,000 Regular Operating Expenses $ 160,960 Travel $ 46,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,750 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 144,930 Per Diem, Fees and Contracts $ 2,504,013 Total Funds Budgeted $ 4,442,953 Indirect DOAS Services Funding $ -0- Agency Funds $ 2,980,024 State Funds Budgeted $ 1,462,929 Total Positions Budgeted 130 Drug and Alcohol Services Functional Budgets Total Funds State Funds Pos. Alcohol and Drug Administration $ 173,500 $ 93,500 13 Management Information Systems $ 120,000 $ 120,000 8 Evaluation, Standards and Planning $ 74,020 $ 69,020 5 Treatment Support $ 540,590 $ 284,590 29 Prevention $ 53,505 $ 15,505 3 Fiscal and Contracts $ 137,780 $ 115,780 9 Pharmacy $ 128,025 $ 73,025 6 Federal Travel $ 12,000 $ -0- 0 Central Intake $ 178,930 $ 61,612 10 Synthesis West Treatment Center $ 213,800 $ 56,258 15 Tenth Street Treatment Center $ 206,600 $ 55,988 13 Odyssey $ 63,000 $ -0- 4 Little Five Points Treatment Center $ 210,260 $ 55,054 15 Statewide Services Contract $ 1,615,943 $ 358,547 0 Title XX Contracts $ 715,000 $ 104,050 0 Undistributed $ -0- $ -0- 0 Total $ 4,442,953 $ 1,462,929 130

Page 1408

9. Mental HealthLocal Services Budget: Personal Services $ 726,000 Regular Operating Expenses $ 12,400 Travel $ 37,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 172,100 Benefits for Supportive Living $ 1,310,000 Community Residential Services Program $ 548,000 Contracts with Day Care Centers for the Mentally Retarded $ 26,000,000 Grants for Alcoholism Community Treatment Programs $ 2,492,000 Grants for Drug Abuse Community Treatment Programs $ 516,000 Grants for Child Mental Health $ 1,175,025 Grants for Adult Mental Health $ 4,275,259 Foster Grandparent Program $ 137,000 Group Homes for the Mentally Retarded $ 1,758,000 Total Funds Budgeted $ 39,159,084 Agency Funds $ 16,894,590 State Funds Budgeted $ 22,264,494 Total Positions Budgeted 67

Page 1409

Mental HealthLocal Services Functional Budgets Total Funds State Funds Pos. Supportive Living $ 1,556,800 $ 1,371,700 21 Community Residential Services $ 1,077,000 $ 1,077,000 46 Adult Mental Health Grants $ 4,275,259 $ 4,013,259 0 Child Mental Health Grants $ 1,175,025 $ 1,175,025 0 Group Homes for the Mentally Retarded $ 1,758,000 $ 1,758,000 0 Foster Grandparent $ 137,000 $ 137,000 0 Alcoholism Community Treatment Grants $ 2,492,000 $ 1,442,000 0 Day Care Centers for the Mentally Retarded $ 26,000,000 $ 10,981,510 0 Community Drug Abuse Grants $ 516,000 $ 266,000 0 Project Rescue $ 172,000 $ 43,000 0 Undistributed $ -0- $ -0- 0 Total $ 39,159,084 $ 22,264,494 67 10. Community Social Services and Administration: Personal Services $ 2,674,700 Regular Operating Expenses $ 270,000 Travel $ 173,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 19,600 Computer Charges $ -0- Real Estate Rentals $ 88,400 Per Diem, Fees and Contracts $ 445,900 Total Funds Budgeted $ 3,679,600 Indirect DOAS Services Funding $ 55,000 Agency Funds $ 2,070,895 State Funds Budgeted $ 1,553,705 Total Positions Budgeted 193

Page 1410

Community Social Services and Administration Functional Budgets Total Funds State Funds Pos. Director's Office $ 175,100 $ 38,100 7 Staff Development and Training $ 207,100 $ 51,775 6 Community Social Services $ 158,200 $ 39,550 1 Program Unit $ 278,300 $ 64,575 17 Affirmative Action $ 15,500 $ 3,500 1 Field Services $ 892,600 $ 205,150 50 Licensing Services $ 786,800 $ 656,780 55 Service Review and Evaluation $ 78,500 $ 19,625 4 Work Incentive Services $ 666,500 $ 53,650 41 Specialized Foster Care $ 71,000 $ 71,000 5 Adoption Placement Project $ 100,000 $ 100,000 6 Residential Treatment Program $ 250,000 $ 250,000 0 Undistributed $ -0- $ -0- 0 Total $ 3,679,600 $ 1,553,705 193 11. Title XX Administration: Personal Services $ 1,817,000 Regular Operating Expenses $ 141,500 Travel $ 98,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 32,000 Equipment Purchases $ 2,500 Computer Charges $ 450,000 Real Estate Rentals $ 120,800 Per Diem, Fees and Contracts $ 22,374,422 Total Funds Budgeted $ 25,037,122 Agency Funds $ 23,317,172 Indirect DOAS Services Funding $ 200,000 State Funds Budgeted $ 1,519,950 Total Positions Budgeted 127

Page 1411

Title XX Administration Functional Budgets Total Funds State Funds Pos. Administration $ 1,182,200 $ 14,950 41 Contract Management $ 1,605,500 $ -0- 86 Day Care $ 16,875,522 $ 1,454,468 0 Family Planning $ 310,989 $ -0- 0 Foster Care for Children $ 219,228 $ -0- 0 Chore/Homemaker $ 951,928 $ -0- 0 Adult Day Care $ 847,074 $ -0- 0 Home Delivered and Congregate Meals $ 486,575 $ -0- 0 Home Management $ 1,049,351 $ -0- 0 Outreach $ 359,524 $ 50,532 0 Transportation $ 218,941 $ -0- 0 Information and Referral $ 324,238 $ -0- 0 Health Related $ 606,052 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 25,037,122 $ 1,519,950 127 12. Purchase of Social Services: Personal Services $ -0- Regular Operating Expenses $ 290,000 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- W.I.N. Benefits $ 900,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 7,434,500 Chatham County Homemaker Project $ 170,760 Fulton County Homemaker Project $ 334,895 Total Funds Budgeted $ 9,260,155 Agency Funds $ 5,214,655 State Funds Budgeted $ 4,045,500 Total Positions Budgeted 0

Page 1412

Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Chatham County Homemaker Project $ 170,760 $ -0- 0 Fulton County Homemaker Project $ 334,895 $ -0- 0 Work Incentive Benefits $ 900,000 $ 90,000 0 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 $ 130,000 0 Legal Services $ 290,000 $ 72,500 0 AFDC-Family Foster Care $ 2,782,500 $ 1,245,500 0 AFDC-Institutional Foster Care $ 681,000 $ 427,500 0 Specialized Institutional Foster Care $ 190,000 $ 190,000 0 Specialized Foster Care $ 120,000 $ 97,500 0 Child Welfare-Family Foster Care $ 2,700,000 $ 1,250,000 0 Adoption Supplement $ 60,000 $ 30,000 0 Liability Insurance $ 16,000 $ 16,000 0 Emergency Shelter Care $ 120,000 $ 30,000 0 Day Care $ 415,000 $ 229,000 0 Psychiatric, Psychological and Speech Therapy $ 145,000 $ 36,250 0 Maternity Care $ 200,000 $ 200,000 0 Return of Runaways-County $ 5,000 $ 1,250 0 Undistributed $ -0- $ -0- 0 Total $ 9,260,155 $ 4,045,500 0 13. Community Youth Services: Personal Services $ 4,283,088 Regular Operating Expenses $ 436,636 Travel $ 245,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 10,000 Computer Charges $ -0- Real Estate Rentals $ 226,900 Per Diem, Fees and Contracts $ -0- Benefits for Child Care $ 10,000 Total Funds Budgeted $ 5,214,624 Indirect DOAS Services Funding $ 82,600 Agency Funds $ 2,107,370 State Funds Budgeted $ 3,024,654 Total Positions Budgeted 404

Page 1413

Community Youth Services Functional Budgets Total Funds State Funds Pos. Court Services $ 2,734,000 $ 1,221,460 219 Community Treatment Centers $ 900,966 $ 637,132 74 Youth Services Administration $ 425,100 $ 284,120 22 Day Centers $ 354,100 $ 174,854 28 Group Homes $ 580,465 $ 580,465 50 Attention Homes $ 95,500 $ 95,500 2 Runaway Apprehension Unit $ 124,493 $ 31,123 9 Undistributed $ -0- $ -0- 0 Total $ 5,214,624 $ 3,024,654 404 14. Services to the Aged Budget: Personal Services $ 380,000 Regular Operating Expenses $ 20,800 Travel $ 13,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 34,660 Per Diem, Fees and Contracts $ 99,899 Areawide and Community Grants $ 1,940,961 Nutrition Grants $ 2,980,927 Total Funds Budgeted $ 5,473,247 Indirect DOAS Services Funding $ 11,240 Agency Funds $ 4,986,288 State Funds Budgeted $ 475,719 Total Positions Budgeted 24

Page 1414

Services to the Aged Functional Budgets Total Funds State Funds Pos. Administration and Planning $ 551,359 $ 211,719 24 Nutrition Grants $ 2,980,927 $ 264,000 0 Areawide Grants $ 1,940,961 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 5,473,247 $ 475,719 24 15. Vocational RehabilitationProgram Direction and Support Budget: Personal Services $ 597,500 Regular Operating Expenses $ 65,500 Travel $ 25,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 3,000 Computer Charges $ 275,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 52,000 Grants for Nephrology Centers $ 185,000 Total Funds Budgeted $ 1,209,000 Indirect DOAS Services Funding $ 150,000 Agency Funds $ 836,900 State Funds Budgeted $ 222,100 Total Positions Budgeted 35 Vocational Rehabilitation - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 1,001,500 $ 37,100 34 Federal Funds Coordinator $ 22,500 $ -0- 1 Nephrology $ 185,000 $ 185,000 0 Undistributed $ -0- $ -0- 0 Total $ 1,209,000 $ 222,100 35

Page 1415

16. Vocational Rehabilitation Facilities Budget: Personal Services $ 4,116,051 Regular Operating Expenses $ 693,650 Travel $ 66,820 Motor Vehicle Equipment Purchases $ 20,650 Publications and Printing $ 2,000 Equipment Purchases $ 60,300 Computer Charges $ -0- Real Estate Rentals $ 88,000 Per Diem, Fees and Contracts $ 539,000 Case Services $ 130,000 Total Funds Budgeted $ 5,716,471 Indirect DOAS Services Funding $ 82,650 Agency Funds $ 4,441,070 State Funds Budgeted $ 1,192,751 Total Positions Budgeted 332 Vocational RehabilitationFacilities Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 352,300 $ 51,900 13 Georgia Rehabilitation Center $ 2,131,900 $ 370,000 109 Atlanta Rehabilitation Center $ 1,141,800 $ 306,000 66 Alto Rehabilitation Center $ 523,800 $ 104,760 34 Cave Spring Rehabilitation Center $ 196,422 $ 56,022 16 Yarbrough Rehabilitation Center $ 974,600 $ 194,920 66 Gracewood Rehabilitation Center $ 233,500 $ -0- 19 Gracewood Residence $ 53,000 $ -0- 4 Epilepsy Program $ 45,000 $ 45,000 0 Mentally Retarded Offender Program $ 64,149 $ 64,149 5 Undistributed $ -0- $ -0- 0 Total $ 5,716,471 $ 1,192,751 332

Page 1416

17. Georgia Warm Springs Hospital Budget: Personal Services $ 3,577,000 Regular Operating Expenses $ 1,164,450 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 10,500 Publications and Printing $ 2,500 Equipment Purchases $ 13,650 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 265,600 Case Services $ 16,800 Capital Outlay $ 4,600,000 Total Funds Budgeted $ 9,665,500 Agency Funds $ 7,665,500 State Funds Budgeted $ 2,000,000 Total Positions Budgeted 354 18. Georgia Factory for the Blind Budget: Personal Services $ 1,098,500 Regular Operating Expenses $ 2,256,100 Travel $ 13,100 Motor Vehicle Equipment Purchases $ 45,000 Publications and Printing $ 1,000 Equipment Purchases $ 58,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 58,000 Total Funds Budgeted $ 3,529,700 Agency Funds $ 3,281,700 State Funds Budgeted $ 248,000 Total Positions Budgeted 24 Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 3,218,100 $ -0- 0 Supervision $ 232,100 $ 232,100 19 Facility Improvement Grant $ 30,000 $ 6,000 1 Vocational Rehabilitation Unit $ 49,500 $ 9,900 4 Undistributed $ -0- $ -0- 0 Total $ 3,529,700 $ 248,000 24

Page 1417

19. Vocational Rehabilitation Services Budget: Personal Services $ 9,319,500 Regular Operating Expenses $ 848,000 Travel $ 395,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 16,500 Computer Charges $ -0- Real Estate Rentals $ 503,000 Per Diem, Fees and Contracts $ 202,000 Case Services $ 15,155,000 Total Funds Budgeted $ 26,443,000 Indirect DOAS Services Funding $ 234,450 Agency Funds $ 20,405,760 State Funds Budgeted $ 5,802,790 Total Positions Budgeted 737 20. Vocational RehabilitationDisability Adjudication Budget: Personal Services $ 3,507,509 Regular Operating Expenses $ 551,833 Travel $ 84,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,050 Equipment Purchases $ 52,500 Computer Charges $ -0- Real Estate Rentals $ 262,549 Per Diem, Fees and Contracts $ 131,250 Case Services $ 3,155,485 Total Funds Budgeted $ 7,746,176 Agency Funds $ 7,746,176 State Funds Budgeted $ -0- Total Positions Budgeted 279 21. Public Assistance Budget: Personal Services $ -0- Regular Operating Expenses $ -0- Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- SSI-Supplement Benefits $ 850,000 AFDC Benefits $ 109,490,955 Total Funds Budgeted $ 110,340,955 Agency Funds $ 72,748,679 State Funds Budgeted $ 37,592,276 Total Positions Budgeted 0

Page 1418

Public Assistance Functional Budgets Total Funds State Funds Pos. AFDC Payments $ 109,490,955 $ 36,742,276 0 SSISupplement Benefits $ 850,000 $ 850,000 0 Undistributed $ -0- $ -0- 0 Total $ 110,340,955 $ 37,592,276 0 22. 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- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Local Services Benefits Payments Grants $ 29,900,000 Grants to Counties for Social Services $ 24,436,000 Total Funds Budgeted $ 54,336,000 Agency Funds $ 33,227,000 State Funds Budgeted $ 21,109,000 Total Positions Budgeted 0

Page 1419

Local ServicesCommunity Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services Benefits Payments Grants $ 29,580,000 $ 14,790,000 0 Grants to Counties for Social Services $ 24,436,000 $ 6,159,000 0 Fraud Investigation Unit $ 320,000 $ 160,000 0 Undistributed $ -0- $ -0- 0 Total $ 54,336,000 $ 21,109,000 0 23. Benefits PaymentsProgram Administration and Support Budget: Personal Services $ 2,926,100 Regular Operating Expenses $ 782,660 Travel $ 196,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 19,874 Computer Charges $ 800,000 Real Estate Rentals $ 103,900 Per Diem, Fees and Contracts $ 774,500 Total Funds Budgeted $ 5,603,134 Agency Funds $ 2,851,317 Indirect DOAS Services Funding $ 350,000 State Funds Budgeted $ 2,401,817 Total Positions Budgeted 205 Benefits PaymentsProgram Administration and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 956,400 $ 128,200 7 Standards and Procedures $ 245,200 $ 122,600 6 Training $ 199,000 $ 49,750 6 Postage $ 440,000 $ 220,000 0 Statistics $ 156,100 $ 78,050 6 Assistance Payments $ 221,500 $ 110,750 16 Field Unit $ 744,600 $ 372,300 46 Food Stamp Unit $ 526,400 $ 263,200 32 P.A.R.I.S. $ 702,700 $ 351,350 1 Quality ControlPublic Assistance $ 543,500 $ 271,750 31 Quality ControlMedical Assistance $ 216,834 $ 108,417 15 Quality ControlFood Stamps $ 493,900 $ 246,950 29 Investigative Unit $ 157,000 $ 78,500 10 Undistributed $ -0- $ -0- 0 Total $ 5,603,134 $ 2,401,817 205

Page 1420

Budget Unit Object Classes: Personal Services $ 64,295,732 Regular Operating Expenses $ 12,044,617 Travel $ 2,575,340 Motor Vehicle Equipment Purchases $ 76,150 Publications and Printing $ 230,750 Equipment Purchases $ 342,613 Computer Charges $ 3,533,540 Real Estate Rentals $ 2,365,999 Per Diem, Fees and Contracts $ 36,118,245 Capital Outlay $ 4,910,000 Grants for Regional Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,405,000 Kidney Disease Benefits $ 450,000 Cancer Control Benefits $ 772,290 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 2,878,864 Family Planning Benefits $ 236,530 Benefits for Midwifery Program $ 175,000 Facilities Construction Grants $ 8,925,000 Grants for DeKalb County Mental Retardation Project $ 106,646 Grants for Chatham County Mental Retardation Project $ 102,464 Grant-In-Aid to Counties $ 10,460,000 Benefits for Supportive Living $ 1,310,000 Community Residential Services Program $ 548,000 Contracts with Day Care Centers for the Mentally Retarded $ 26,000,000 Grants for Alcoholism Community Treatment Programs $ 2,492,000 Grants for Child Mental Health $ 1,175,025 Grants for Adult Mental Health $ 4,275,259 Foster Grandparent Program $ 137,000 Group Homes for the Mentally Retarded $ 1,758,000 Work Incentive Benefits $ 900,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 7,444,500 Chatham County Homemaker Project $ 170,760 Fulton County Homemaker Project $ 334,895 Areawide and Community Grants $ 1,940,961 Nutrition Grants $ 2,980,927 Grants for Nephrology Centers $ 185,000 Case Services $ 18,457,285 SSI-Supplement Benefits $ 850,000 AFDC Benefits $ 109,490,955 Local Services Benefits Payments Grants $ 29,900,000 Grants for Drug Abuse Community Treatment Programs $ 516,000 Grants to Counties for Social Services $ 24,436,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Total Positions Budgeted 4,862

Page 1422

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, $ 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-% 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 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 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. There is hereby appropriated $36,742,276 in State funds for the purpose of making AFDC benefit payments.

Page 1423

Provided that for Fiscal 1978, the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $106 $ 66 2 161 100 3 193 120 4 227 141 5 260 162 6 282 175 7 305 190 8 324 201 9 341 212 10 365 227 11 or more 390 242 Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 62% of the above standard of needs. Provided, that of the above appropriation, $20,000 is designated and committed for a Foster Grandparent Program at Northwest Georgia Regional Hospital. Provided, that of the above appropriation, $88,000 is designated and committed to operate the Rome Cerebral Palsy Center. 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.

Page 1424

Provided, that of the above appropriation relative to Capital Outlay, $310,000 is provided to renovate and/or relocate regional laboratory facilities and offices. Provided, that of the above appropriation, $172,000 in total funds and $43,000 in State funds is designated and committed for Project Rescue. Provided, however, it is the intent of this General Assembly that no additional group homes or community treatment centers be started with Federal funds without prior approval by the General Assembly of Georgia. Provided, that of the appropriation for Grants for Adult Mental Health, $40,000 is designated and committed for Emanuel County Catchment Area. B. Budget Unit: Mental Health and Youth Development Institutions $ 128,592,043 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 5,008,691 Regular Operating Expenses $ 918,399 Travel $ 5,125 Motor Vehicle Equipment Purchases $ 3,400 Publications and Printing $ 600 Equipment Purchases $ 18,555 Computer Charges $ 70,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 184,400 Authority Lease Rentals $ 387,000 Total Funds Budgeted $ 6,596,170 Indirect DOAS Services Funding $ 70,000 State Funds Budgeted $ 6,079,548 Total Positions Budgeted 496 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 6,078,819 Regular Operating Expenses $ 1,251,343 Travel $ 12,000 Interstate Compact Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,800 Equipment Purchases $ 15,725 Computer Charges $ 82,000 Real Estate Rentals -0- Per Diem, Fees and Contracts $ 101,450 Capital Outlay $ -0- Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 8,060,137 Indirect DOAS Services Funding $ 82,000 State Funds Budgeted $ 7,371,761 Total Positions Budgeted 606 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 5,035,744 Regular Operating Expenses $ 800,174 Travel $ 9,300 Motor Vehicle Equipment Purchases $ 12,300 Publications and Printing $ -0- Equipment Purchases $ 12,205 Computer Charges $ 69,000 Real Estate Rentals $ 4,200 Per Diem, Fees and Contracts $ 72,000 Authority Lease Rentals $ 500,000 Total Funds Budgeted $ 6,514,923 Indirect DOAS Services Funding $ 69,000 State Funds Budgeted $ 5,954,231 Total Positions Budgeted 522 4. West Central Georgia Regional Hospital Budget: Personal Services $ 4,828,829 Regular Operating Expenses $ 919,416 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 750 Equipment Purchases $ 3,500 Computer Charges $ 65,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 25,000 Authority Lease Rentals $ 646,500 Total Funds Budgeted $ 6,497,995 Indirect DOAS Services Funding $ 65,000 State Funds Budgeted $ 6,101,929 Total Positions Budgeted 501 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 6,576,413 Regular Operating Expenses $ 1,369,001 Travel $ 7,825 Motor Vehicle Equipment Purchases $ 17,000 Publications and Printing $ 1,000 Equipment Purchases $ 23,535 Computer Charges $ 75,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 51,050 Capital Outlay $ -0- Authority Lease Rentals $ 853,500 Total Funds Budgeted $ 8,974,324 Indirect DOAS Services Funding $ 75,000 State Funds Budgeted $ 7,936,830 Total Positions Budgeted 675 6. Gracewood State School and Hospital Budget: Personal Services $ 15,634,500 Regular Operating Expenses $ 2,736,295 Travel $ 11,150 Motor Vehicle Equipment Purchases $ 4,600 Publications and Printing $ 750 Equipment Purchases $ 97,649 Computer Charges $ 71,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 162,063 Capital Outlay $ -0- Authority Lease Rentals $ 117,000 Total Funds Budgeted $ 18,835,007 Indirect DOAS Services Funding $ 171,000 State Funds Budgeted $ 10,088,478 Total Positions Budgeted 1,618 7. Southwestern State Hospital Budget: Personal Services $ 8,176,447 Regular Operating Expenses $ 1,494,239 Travel $ 9,575 Motor Vehicle Equipment Purchases $ 13,100 Publications and Printing $ 1,300 Equipment Purchases $ 47,416 Computer Charges $ 70,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 67,502 Capital Outlay $ 100,000 Total Funds Budgeted $ 9,979,579 Indirect DOAS Services Funding $ 70,000 State Funds Budgeted $ 8,941,574 Total Positions Budgeted 829 8. Georgia Retardation Center Budget: Personal Services $ 10,325,661 Regular Operating Expenses $ 2,640,163 Travel $ 10,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,100 Equipment Purchases $ 24,334 Computer Charges $ 102,100 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 74,233 Capital Outlay $ -0- Authority Lease Rentals $ 794,000 Total Funds Budgeted $ 13,973,291 Indirect DOAS Services Funding $ 102,100 State Funds Budgeted $ 9,771,191 Total Positions Budgeted 1,030 9. Georgia Mental Health Institute Budget: Personal Services $ 7,722,773 Regular Operating Expenses $ 1,709,313 Travel $ 21,800 Motor Vehicle Equipment Purchases $ 17,300 Publications and Printing $ 750 Equipment Purchases $ 22,000 Computer Charges $ 60,810 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 512,550 Authority Lease Rentals $ 450,000 Total Funds Budgeted $ 10,517,296 Indirect DOAS Services Funding $ 160,810 State Funds Budgeted $ 9,870,644 Total Positions Budgeted 685 10. Central State Hospital Budget: Personal Services $ 44,369,823 Regular Operating Expenses $ 8,781,728 Travel $ 19,100 Motor Vehicle Equipment Purchases $ 28,400 Publications and Printing $ 750 Equipment Purchases $ 126,021 Computer Charges $ 360,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 139,925 Capital Outlay $ -0- Authority Lease Rentals $ 1,284,000 Outpatient and Aftercare Drug Purchases $ 760,590 Total Funds Budgeted $ 55,870,337 Indirect DOAS Services Funding $ 660,000 State Funds Budgeted $ 44,412,124 Total Positions Budgeted 4,634 11. State Youth Development Centers Budget: Personal Services $ 6,214,918 Regular Operating Expenses $ 1,516,595 Travel $ 6,650 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 425 Equipment Purchases $ 27,200 Computer Charges $ 8,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 38,200 Capital Outlay $ 210,000 Total Funds Budgeted $ 8,031,988 State Funds Budgeted $ 7,824,636 Total Positions Budgeted 621 12. Regional Youth Development Centers Budget: Personal Services $ 2,423,871 Regular Operating Expenses $ 646,227 Travel $ 6,960 Motor Vehicle Equipment Purchases $ 4,500 Publications and Printing $ 520 Equipment Purchases $ 2,675 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 41,175 Capital Outlay $ 20,000 Reserve for Operation of Clayton RYDC $ 243,500 Grants to County-Owned Detention Centers $ 250,000 Total Funds Budgeted $ 3,639,428 State Funds Budgeted $ 3,539,097 Total Positions Budgeted 295 13. Regular Operating Expenses Reserve Budget: Regular Operating Expenses Reserve $ 700,000 Total Funds Budgeted $ 700,000 State Funds Budgeted $ 700,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 122,396,409 Regular Operating Expenses $ 24,782,893 Travel $ 129,185 Interstate Compact Travel $ 2,000 Motor Vehicle Equipment Purchases $ 110,600 Publications and Printing $ 12,745 Equipment Purchases $ 420,815 Computer Charges $ 1,032,910 Real Estate Rentals $ 4,200 Per Diem, Fees and Contracts $ 1,469,548 Capital Outlay $ 330,000 Regular Operating Expenses Reserve $ 700,000 Grants to County-Owned Detention Centers $ 250,000 Authority Lease Rentals $ 5,545,000 Outpatient and Aftercare Drug Purchases $ 760,590 Reserve for Operation of Clayton RYDC $ 243,500 Total Positions Budgeted 12,512

Page 1430

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for the planning and design of a new Southwestern Regional Hospital. Provided, that of the above appropriation relating to Capital Outlay, $110,000 is

Page 1431

designated and committed for the construction of central storage facilities at Atlanta and Macon Youth Development Centers. Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for the re-roofing of Augusta Youth Development Center. Provided, that of the above appropriation relating to Capital Outlay, $20,000 is designated and committed for the planning and design of a Regional Youth Development Center at Lawrenceville, Georgia, subject to certification of need for such facility by the Department of Human Resources. Section 27. Department of Labor. A. Budget Unit: Inspection Division $ 501,162 Inspection Division Budget: Personal Services $ 405,419 Regular Operating Expenses $ 17,013 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 7,230 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 501,162 State Funds Budgeted $ 501,162 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 405,419 Regular Operating Expenses $ 17,013 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 7,230 Per Diem, Fees and Contracts $ -0- Total Positions Budgeted 28 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund $ 3,311,584 1. Basic Employment Security and W.I.N. Budget: Personal Services $ 23,600,125 Regular Operating Expenses $ 4,042,658 Travel $ 605,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases $ 115,000 Computer Charges $ -0- Real Estate Rentals $ 577,598 Per Diem, Fees and Contracts $ 3,401,000 W.I.N. Grants $ 1,000,000 Total Funds Budgeted $ 33,362,381 State Funds Budgeted $ 1,191,649 Total Positions Budgeted 1,534 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 4,421,204 Regular Operating Expenses $ 2,029,820 Travel $ 350,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 40,000 Computer Charges $ -0- Real Estate Rentals $ 144,512 Per Diem, Fees and Contracts (CETA) $ 2,030,000 CETA Direct Benefits $ 43,000,000 Total Funds Budgeted $ 52,030,536 State Funds Budgeted $ -0- Total Positions Budgeted 356 3. Correctional Services Budget: Personal Services $ 774,000 Regular Operating Expenses $ 26,900 Travel $ 20,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 7,035 Per Diem, Fees and Contracts $ 22,000 Total Funds Budgeted $ 849,935 State Funds Budgeted $ 849,935 Total Positions Budgeted 53 4. Unemployment Compensation Reserve Fund Budget: Unemployment Compensation Reserve Fund $ 1,270,000 Total Funds Budgeted $ 1,270,000 State Funds Budgeted $ 1,270,000 Budget Unit Object Classes: Personal Services $ 28,795,329 Regular Operating Expenses $ 6,099,378 Travel $ 975,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 155,000 Computer Charges $ -0- Real Estate Rentals $ 729,145 Per Diem, Fees and Contracts (CETA) $ 2,030,000 Per Diem, Fees and Contracts $ 3,423,000 W.I.N. Grants $ 1,000,000 Unemployment Compensation Reserve Fund $ 1,270,000 CETA Direct Benefits $ 43,000,000 Total Positions Budgeted 1,943

Page 1434

Provided, that of the above appropriation relating to the Unemployment Compensation Reserve Fund, $420,000 is designated and committed as payments to the Unemployment Compensation Trust Fund for prior year obligations. Section 28. Department of Law. Budget Unit: Department of Law $ 2,364,277 Attorney General's Office Budget: Personal Services $ 2,086,037 Regular Operating Expenses $ 200,000 Travel $ 64,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 4,690 Computer Charges $ 250 Books for State Library $ 35,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 29,400 Total Funds Budgeted $ 2,449,477 State Funds Budgeted $ 2,364,277 Total Positions Budgeted 99 Budget Unit Object Classes: Personal Services $ 2,086,037 Regular Operating Expenses $ 200,000 Travel $ 64,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 4,690 Computer Charges $ 250 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 29,400 Books for State Library $ 35,000 Total Positions Budgeted 99

Page 1435

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. Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees. Section 29. Department of Medicaid Services. Budget Unit: Medicaid Services $ 121,727,170 Medicaid Services Budget: Personal Services $ 2,917,808 Regular Operating Expenses $ 864,944 Travel $ 36,637 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 35,000 Equipment Purchases $ 58,354 Computer Charges $ 6,774,800 Real Estate Rentals $ 230,784 Per Diem, Fees and Contracts $ 376,416 Medicaid Benefits $ 339,459,978 Medicaid BenefitsPayables $ 31,000,000 Payments to Counties for Adult Mental Health $ 1,200,000 Payments to Counties for Child Mental Health $ 175,000 Payments to Counties for Alcoholism $ 400,000 Contracts for Hospital Audits $ 160,000 Contract with Delta Dental Plan of Georgia $ 400,000 Contracts for Nursing Home and Dental Audits $ 600,000 Contract with Georgia Medical Care Foundation $ 1,200,000 Total Funds Budgeted $ 385,889,721 Indirect DOAS Services Funding $ 2,227,287 Agency Funds $ 261,935,264 State Funds Budgeted $ 121,727,170 Total Positions Budgeted 237 Budget Unit Object Classes: Personal Services $ 2,917,808 Regular Operating Expenses $ 864,944 Travel $ 36,637 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 35,000 Equipment Purchases $ 58,354 Computer Charges $ 6,774,800 Real Estate Rentals $ 230,784 Per Diem, Fees and Contracts $ 376,416 Medicaid Benefits $ 339,459,978 Medicaid BenefitsPayables $ 31,000,000 Payments to Counties for Adult Mental Health $ 1,200,000 Payments to Counties for Child Mental Health $ 175,000 Payments to Counties for Alcoholism $ 400,000 Contracts for Hospital Audits $ 160,000 Contract with Delta Dental Plan of Georgia $ 400,000 Contracts for Nursing Home and Dental Audits $ 600,000 Contract with Georgia Medical Care Foundation $ 1,200,000 Total Positions Budgeted 237

Page 1437

Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments. $ 2,605,440 1. Applicant Services Budget: Personal Services $ 486,200 Regular Operating Expenses $ 45,450 Travel $ 3,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,000 Equipment Purchases $ 2,570 Computer Charges $ 229,908 Real Estate Rentals $ 850 Per Diem, Fees and Contracts $ 20,000 Total Funds Budgeted $ 813,678 Agency Assessments $ 813,678 Total Positions Budgeted 37 2. Classification and Compensation Budget: Personal Services $ 333,000 Regular Operating Expenses $ 11,000 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,900 Equipment Purchases $ -0- Computer Charges $ 84,727 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 440,627 Agency Assessments $ 440,627 Total Positions Budgeted 21 3. Employee Services Budget: Personal Services $ 243,300 Regular Operating Expenses $ 10,165 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,250 Equipment Purchases $ 525 Computer Charges $ 60,222 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 320,962 Agency Assessments $ 320,962 Total Positions Budgeted 18 4. Employee Training and Development Budget: Personal Services $ 248,200 Regular Operating Expenses $ 18,670 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,500 Equipment Purchases $ 430 Computer Charges $ 1,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 84,000 Total Funds Budgeted $ 365,300 Agency Assessments $ 286,135 Total Positions Budgeted 16 5. Health Insurance Administration Budget: Personal Services $ 211,700 Regular Operating Expenses $ 20,750 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,300 Equipment Purchases $ 3,580 Computer Charges $ 9,687 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 735,500 Health Insurance Claim Payments $ 30,100,000 Total Funds Budgeted $ 31,086,017 Employee and Employer Contributions $ 27,160,000 Total Positions Budgeted 17 6. Internal Administration Budget: Personal Services $ 243,293 Regular Operating Expenses $ 13,400 Travel $ 1,650 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,400 Equipment Purchases $ 445 Computer Charges $ 149,113 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,000 Federal Sub-grants to State and Local Agencies $ 187,035 Total Funds Budgeted $ 602,336 Agency Assessments $ 372,866 Total Positions Budgeted 17 7. Director Office Budget: Personal Services $ 273,546 Regular Operating Expenses $ 13,230 Travel $ 11,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,600 Equipment Purchases $ 2,180 Computer Charges $ -0- Real Estate Rentals $ 117,172 Per Diem, Fees and Contracts $ 14,100 Total Funds Budgeted $ 435,428 Agency Assessments $ 371,172 Total Positions Budgeted 15 Budget Unit Object Classes: Personal Services $ 2,039,239 Regular Operating Expenses $ 132,665 Travel $ 31,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 55,950 Equipment Purchases $ 9,730 Computer Charges $ 534,657 Real Estate Rentals $ 118,022 Per Diem, Fees and Contracts $ 855,600 Federal Sub-grants to State and Local Agencies $ 187,035 Health Insurance Claim Payments $ 30,100,000 Total Positions Budgeted 141

Page 1440

Provided, however, that the State Merit System of Personnel Administration is authorized to increase agency assessments up to $ 100,000 over the level of expenditure contemplated for this budget unit in this Appropriations Act for the purpose of implementing the recommendations of the Governor's Personnel Administration Policy Review Committee. Section 31. Department of Natural Resources. Budget Unit: Department of Natural Resources $ 27,956,854 1. Internal Administration Budget: Personal Services $ 1,179,776 Regular Operating Expenses $ 321,179 Travel $ 18,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 140,000 Equipment Purchases $ 1,450 Computer Charges $ 94,000 Real Estate Rentals $ 20,200 Per Diem, Fees and Contracts $ 33,820 Total Funds Budgeted $ 1,808,925 State Funds Budgeted $ 1,808,925 Total Positions Budgeted 84 2. Information and Education Budget: Personal Services $ 466,900 Regular Operating Expenses $ 126,000 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 8,400 Publications and Printing $ 305,000 Equipment Purchases $ 14,500 Computer Charges $ 600 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 6,600 Total Funds Budgeted $ 940,000 State Funds Budgeted $ 791,000 Total Positions Budgeted 35 3. Planning and Research Budget: Personal Services $ 1,049,147 Regular Operating Expenses $ 96,000 Travel $ 41,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,000 Equipment Purchases $ 2,000 Computer Charges $ 22,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 78,000 Land and Water Conservation Grants $ 4,900,000 Recreation Grants $ 200,000 Youth Conservation Corps Grants $ 100,000 Capital OutlayHeritage Trust $ 100,000 Total Funds Budgeted $ 6,638,747 BOR Grants $ 4,900,000 BOR Administration $ 62,306 BOR Land Acquisition $ -0- Other Agency Funds $ 434,000 State Funds Budgeted $ 1,242,441 Total Positions Budgeted 59 4. Game and Fish Budget: Personal Services $ 6,454,500 Regular Operating Expenses $ 2,142,200 Travel $ 91,100 Motor Vehicle Equipment Purchases $ 425,000 Publications and Printing $ 27,800 Equipment Purchases $ 515,000 Computer Charges $ 23,123 Real Estate Rentals $ 910 Per Diem, Fees and Contracts $ 69,705 Maintenance for the South End of Sapelo Island $ -0- Capital OutlayHatchery Renovation $ 104,000 Capital OutlayRepairs and Maintenance $ 141,469 Capital Outlay $ 150,000 Total Funds Budgeted $ 10,144,807 State Funds Budgeted $ 8,154,807 Total Positions Budgeted 458 5. State Parks and Historic Sites Operations Budget: Personal Services $ 4,400,437 Regular Operating Expenses $ 2,507,100 Travel $ 58,911 Motor Vehicle Equipment Purchases $ 157,250 Publications and Printing $ 42,500 Equipment Purchases $ 173,726 Computer Charges $ -0- Real Estate Rentals $ 6,500 Per Diem, Fees and Contracts $ 56,000 Capital Outlay $ 60,000 Capital OutlayRepairs and Maintenance $ 565,000 Capital OutlayShop Stock $ 150,000 Cost of Material for Resale $ 579,000 Authority Lease Rentals $ 2,533,000 Total Funds Budgeted $ 11,289,424 State Funds Budgeted $ 7,999,424 Total Positions Budgeted 343 6. Geologic and Water Resources Research Budget: Personal Services $ 551,636 Regular Operating Expenses $ 68,854 Travel $ 29,500 Motor Vehicle Equipment Purchases $ 44,500 Publications and Printing $ 22,000 Equipment Purchases $ 83,400 Computer Charges $ -0- Real Estate Rentals $ 800 Per Diem, Fees and Contracts $ 6,200 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 175,000 Topographic Mapping United States Geological Survey $ 375,000 Total Funds Budgeted $ 1,356,890 State Funds Budgeted $ 1,086,890 Total Positions Budgeted 34 7. Environmental Protection Budget: Personal Services $ 4,706,702 Regular Operating Expenses $ 320,009 Travel $ 207,976 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 43,250 Equipment Purchases $ 43,900 Computer Charges $ 212,000 Real Estate Rentals $ 49,880 Per Diem, Fees and Contracts $ 453,200 Solid Waste Grants $ 1,000,000 Water and Sewer Grants $ 1,073,000 Total Funds Budgeted $ 8,109,917 State Funds Budgeted $ 5,951,117 Total Positions Budgeted 289 8. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations $ 525,000 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 147,250 Total Funds Budgeted $ 672,250 State Funds Budgeted $ 672,250 Total Positions Budgeted 0 9. Jekyll Island Authority Budget: Payments to Jekyll Island Authority for Operations $ -0- Total Funds Budgeted $ -0- State Funds Budgeted $ -0- Total Positions Budgeted 0 10. Herty Foundation Budget: Grants to Herty Foundation $ 250,000 Total Funds Budgeted $ 250,000 State Funds Budgeted $ 250,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 18,809,098 Regular Operating Expenses $ 5,581,342 Travel $ 459,587 Motor Vehicle Equipment Purchases $ 635,150 Publications and Printing $ 630,550 Equipment Purchases $ 833,976 Computer Charges $ 351,723 Real Estate Rentals $ 78,290 Per Diem, Fees and Contracts $ 703,525 Land and Water Conservation Grants $ 4,900,000 Recreation Grants $ 200,000 Youth Conservation Corps Grants $ 100,000 Fluoridation Grants $ -0- Water and Sewer Grants $ 1,073,000 Solid Waste Grants $ 1,000,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 175,000 Contract with U.S. Geological Survey for Topographic Maps $ 375,000 Payments to Lake Lanier Islands Development Authority for Operations $ 525,000 Capital OutlayHatchery Renovation $ 104,000 Capital Outlay $ 210,000 Capital OutlayRepairs and Maintenance $ 706,469 Capital OutlayShop Stock $ 150,000 Capital OutlayHeritage Trust $ 100,000 Authority Lease Rentals $ 2,533,000 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 147,250 Cost of Material for Resale $ 579,000 Maintenance for the South End of Sapelo Island $ -0- Payments to Jekyll Island Authority for Operations $ -0- Grants to Herty Foundation $ 250,000 Total Positions Budgeted 1,302

Page 1445

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

Page 1446

to the official approval thereof by the Board of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts for repairs and maintenance of State Parks and Historic Sites facilities. Provided, that of the above appropriation relative to Capital Outlay, $150,000 is designated and committed for a waste treatment facility at the Burton Hatchery. Provided, that of the above appropriation relative to Capital Outlay, $25,000 is designated and committed for rest stations at historic sites. Provided, that of the above appropriation relative to Capital Outlay, $35,000 is designated and committed for a Ranger's residence at George T. Bagby State Park. Provided, that of the above appropriation, $2,000 is designated and committed for planning the Pine Mountain Trail. Provided, that of the above appropriation to the Planning and Research Budget, $43,000 is designated and committed to the Georgia Special Olympics Program. Provided, that of the above appropriation to the Parks and Historic Sites Budget, $63,000 is designated and committed for camping for the Mentally Retarded.

Page 1447

Section 32. Department of Offender Rehabilitation. A. Budget Unit: Department of Offender Rehabilitation $ 55,964,101 1. General Administration and Support Budget: Personal Services $ 2,481,515 Regular Operating Expenses $ 321,016 Travel $ 71,000 Motor Vehicle Equipment Purchases $ 22,000 Publications and Printing $ 21,000 Equipment Purchases $ 12,475 Computer Charges $ 256,765 Real Estate Rentals $ 199,600 Per Diem, Fees and Contracts $ 108,250 Total Funds Budgeted $ 3,493,621 State Funds Budgeted $ 3,493,621 Total Positions Budgeted 181 2. Georgia Training and Development Center Budget: Personal Services $ 742,000 Regular Operating Expenses $ 177,000 Travel $ 1,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 17,406 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 22,000 Total Funds Budgeted $ 959,506 State Funds Budgeted $ 959,506 Total Positions Budgeted 64 3. Georgia Industrial Institute Budget: Personal Services $ 2,628,449 Regular Operating Expenses $ 728,720 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ 34,328 Computer Charges $ -0- Real Estate Rentals $ 31 Per Diem, Fees and Contracts $ 6,432 Total Funds Budgeted $ 3,402,660 State Funds Budgeted $ 3,402,660 Total Positions Budgeted 229 4. Georgia Diagnostic and Classification Center Budget: Personal Services $ 2,862,000 Regular Operating Expenses $ 713,000 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 28,936 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 74,931 Total Funds Budgeted $ 3,682,367 State Funds Budgeted $ 3,682,367 Total Positions Budgeted 269 5. Georgia State Prison Budget: Personal Services $ 5,219,280 Regular Operating Expenses $ 1,614,708 Travel $ 4,192 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 53,591 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 57,450 Total Funds Budgeted $ 6,950,221 State Funds Budgeted $ 6,929,863 Total Positions Budgeted 476 6. Consolidated Branches Budget: Personal Services $ 3,760,990 Regular Operating Expenses $ 1,039,610 Travel $ 9,685 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 37,865 Computer Charges $ -0- Real Estate Rentals $ 20,400 Per Diem, Fees and Contracts $ 82,700 Total Funds Budgeted $ 4,952,250 State Funds Budgeted $ 4,626,250 Total Positions Budgeted 341 7. Montgomery Correctional Institution Budget: Personal Services $ 675,014 Regular Operating Expenses $ 198,370 Travel $ 1,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 10,300 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 9,000 Capital Outlay $ 45,000 Total Funds Budgeted $ 938,984 State Funds Budgeted $ 923,984 Total Positions Budgeted 58 8. Walker Correctional Institution Budget: Personal Services $ 698,848 Regular Operating Expenses $ 198,765 Travel $ 2,268 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 4,654 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 7,500 Total Funds Budgeted $ 912,135 State Funds Budgeted $ 902,135 Total Positions Budgeted 63 9. Georgia Women's Correctional Institution Budget: Personal Services $ 1,110,676 Regular Operating Expenses $ 287,844 Travel $ 2,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 3,480 Computer Charges $ -0- Real Estate Rentals $ 1,320 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,405,720 State Funds Budgeted $ 1,405,720 Total Positions Budgeted 107 10. West Georgia Community Correctional Institution Budget: Personal Services $ 1,422,000 Regular Operating Expenses $ 336,000 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 4,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 12,800 Total Funds Budgeted $ 1,778,300 State Funds Budgeted $ 1,778,300 Total Positions Budgeted 136 11. Georgia Earned Release Correctional Center Budget: Personal Services $ 2,182,000 Regular Operating Expenses $ 328,000 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ 660 Per Diem, Fees and Contracts $ 14,400 Payments to Central State Hospital for Utilities $ 144,100 Total Funds Budgeted $ 2,678,060 State Funds Budgeted $ 2,678,060 Total Positions Budgeted 213 12. Talmadge Memorial Hospital Unit Budget: Personal Services $ 200,911 Regular Operating Expenses $ 9,665 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 211,576 State Funds Budgeted $ 211,576 Total Positions Budgeted 20 13. Food Processing and Distribution Unit Budget: Personal Services $ 1,004,000 Regular Operating Expenses $ 2,234,000 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 128,614 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Payments to Central State Hospital for Meals $ 785,000 Payments to Central State Hospital for Utilities $ 6,900 Total Funds Budgeted $ 4,161,514 State Funds Budgeted $ 3,803,055 Total Positions Budgeted 101 14. Institutional Support Budget: Personal Services $ 175,000 Regular Operating Expenses $ 52,000 Travel $ 11,600 Motor Vehicle Equipment Purchases $ 437,400 Publications and Printing $ -0- Equipment Purchases $ 1,715 Computer Charges $ -0- Real Estate Rentals $ 5,400 Per Diem, Fees and Contracts $ 10,000 Authority Lease Rentals $ 840,000 Overtime $ 30,000 Court Costs $ 200,000 County Subsidy $ 2,801,010 Inmate Release Fund $ 450,000 Payments to Talmadge Memorial Hospital $ 270,000 Capital Outlay $ 2,321,000 Central Repair Fund $ 518,000 Outside Health Service Purchases $ 308,000 Total Funds Budgeted $ 8,431,125 State Funds Budgeted $ 8,271,125 Total Positions Budgeted 10 15. Farm Operations Budget: Personal Services $ 259,000 Regular Operating Expenses $ 1,783,000 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 49,860 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 3,600 Total Funds Budgeted $ 2,095,460 State Funds Budgeted $ 2,085,460 Total Positions Budgeted 22 16. Macon Community Correctional Center Budget: Personal Services $ 740,625 Regular Operating Expenses $ 300,000 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 9,800 Total Funds Budgeted $ 1,057,425 State Funds Budgeted $ 1,057,425 Total Positions Budgeted 128 17. Probation/Parole Operations Budget: Personal Services $ 5,257,750 Regular Operating Expenses $ 298,000 Travel $ 240,250 Motor Vehicle Equipment Purchases $ 32,000 Publications and Printing $ 3,000 Equipment Purchases $ 28,200 Computer Charges $ -0- Real Estate Rentals $ 124,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 5,983,200 State Funds Budgeted $ 5,983,200 Total Positions Budgeted 427 18. Community Centers Budget: Personal Services $ 1,705,009 Regular Operating Expenses $ 773,609 Travel $ 32,099 Motor Vehicle Equipment Purchases $ 60,600 Publications and Printing $ 960 Equipment Purchases $ 227,215 Computer Charges $ -0- Real Estate Rentals $ 296,440 Per Diem, Fees and Contracts $ 62,614 Total Funds Budgeted $ 3,158,546 State Funds Budgeted $ 3,118,546 Total Positions Budgeted 193 19. Andromeda Center Budget: Personal Services $ 149,380 Regular Operating Expenses $ -0- Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 149,380 State Funds Budgeted $ 149,380 Total Positions Budgeted 17 20. Restitution Shelters Budget: Personal Services $ 359,609 Regular Operating Expenses $ 91,790 Travel $ 5,560 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 666 Equipment Purchases $ 1,555 Computer Charges $ -0- Real Estate Rentals $ 71,388 Per Diem, Fees and Contracts $ 13,300 Total Funds Budgeted $ 543,868 State Funds Budgeted $ 501,868 Total Positions Budgeted 32 Budget Unit Object Classes: Personal Services $ 33,634,056 Regular Operating Expenses $ 11,485,097 Travel $ 404,054 Motor Vehicle Equipment Purchases $ 552,000 Publications and Printing $ 31,726 Equipment Purchases $ 649,194 Computer Charges $ 256,765 Real Estate Rentals $ 719,239 Per Diem, Fees and Contracts $ 494,777 Authority Lease Rentals $ 840,000 Capital Outlay $ 2,366,000 Court Costs $ 200,000 Inmate Release Fund $ 450,000 County Subsidy $ 2,801,010 Payments to Central State Hospital for Meals $ 785,000 Payments to Central State Hospital for Utilities $ 151,000 Outside Health Service Purchases $ 308,000 Payments to Talmadge Memorial Hospital $ 270,000 Central Repair Fund $ 518,000 Overtime $ 30,000 Total Positions Budgeted 3,087 Provided, that of the above appropriation relating to the Central Repair Fund, $ 100,000 is designated and committed for repairs and maintenance on the State-owned staff housing units located at the various correctional institutions. Provided, that the department is hereby authorized and directed to redirect up to $280,000 from funds available to the Georgia Building Authority (Penal) to construct a new waste water treatment facility at Lee Correctional Institution. Provided, that of the above appropriation relating to Capital Outlay, $1,586,000 is designated and committed to construct prototype housing units at Lee Correctional Institution, $70,000 is designated and committed to provide for renovations associated with the prototype housing units at Lee Correctional Institution, $410,000 is designated and committed to complete cannery renovations at Georgia State Prison, $225,000 is designated and committed to provide the State match for an E.P.A. grant to improve waste water treatment facilities at various institutions and $45,000 is designated and committed to expand the poultry facility at Montgomery Correctional Institution. Provided, that of the above appropriation, $85,851 is designated and committed for the Mentally Retarded Offender Program. It is the intent of this General Assembly that, with respect to the Legal Services Program for inmates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs. It is the intent of this General Assembly that the department not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia. Provided, that of the above appropriation relating to Capital Outlay, $30,000 is designated and committed for the planning of a new correctional facility in Dodge County. B. Budget Unit: Board of Pardons and Paroles $ 1,874,034 Board of Pardons and Paroles Budget: Personal Services $ 1,654,882 Regular Operating Expenses $ 80,452 Travel $ 90,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 6,000 Computer Charges $ -0- Real Estate Rentals $ 30,000 Per Diem, Fees and Contracts $ 11,200 Total Funds Budgeted $ 1,874,034 State Funds Budgeted $ 1,874,034 Total Positions Budgeted 125 Budget Unit Object Classes: Personal Services $ 1,654,882 Regular Operating Expenses $ 80,452 Travel $ 90,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 6,000 Computer Charges $ -0- Real Estate Rentals $ 30,000 Per Diem, Fees and Contracts $ 11,200 Total Positions Budgeted 125

Page 1457

Section 33. Department of Public Safety. Budget Unit: Department of Public Safety $ 26,923,565 1. Office of Highway Safety Budget: Personal Services $ 270,300 Regular Operating Expenses $ 24,924 Travel $ 13,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,700 Equipment Purchases $ 1,700 Computer Charges $ 1,000 Real Estate Rentals $ 7,676 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 328,200 State Funds Budgeted $ -0- Total Positions Budgeted 16 2. Commissioner's Office Budget: Personal Services $ 321,300 Regular Operating Expenses $ 43,000 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 700 Total Funds Budgeted $ 378,000 State Funds Budgeted $ 378,000 Total Positions Budgeted 17 3. Staff Services Budget: Personal Services $ 766,000 Regular Operating Expenses $ 1,015,000 Travel $ 900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 60,000 Equipment Purchases $ -0- Computer Charges $ 22,300 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,750 Total Funds Budgeted $ 1,866,950 State Funds Budgeted $ 1,866,950 Total Positions Budgeted 59 4. Georgia State Patrol Budget: Personal Services $ 17,579,117 Regular Operating Expenses $ 2,508,480 Travel $ 144,000 Motor Vehicle Equipment Purchases $ 1,225,000 Publications and Printing $ 689,010 Equipment Purchases $ 216,650 Computer Charges $ 1,532,373 Real Estate Rentals $ 2,200 Per Diem, Fees and Contracts $ 18,000 Conviction Reports $ 164,000 Capital Outlay $ 5,000 Total Funds Budgeted $ 24,083,830 Indirect DOAS Services Funding $ 600,000 State Funds Budgeted $ 23,238,198 Total Positions Budgeted 1,170 5. Georgia Peace Officers Standards and Training Budget: Personal Services $ 292,056 Regular Operating Expenses $ 320,543 Travel $ 16,419 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,050 Equipment Purchases $ 1,725 Computer Charges $ 500 Real Estate Rentals $ 24,300 Per Diem, Fees and Contracts $ 20,777 Total Funds Budgeted $ 684,370 State Funds Budgeted $ 382,119 Total Positions Budgeted 18 6. Police Academy: Personal Services $ 290,000 Regular Operating Expenses $ 125,100 Travel $ 4,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 21,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 17,000 Capital Outlay $ 230,000 Total Funds Budgeted $ 699,300 State Funds Budgeted $ 614,800 Total Positions Budgeted 14 7. Fire Academy: Personal Services $ 202,802 Regular Operating Expenses $ 33,900 Travel $ 18,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,200 Equipment Purchases $ 1,400 Computer Charges $ -0- Real Estate Rentals $ 12,196 Per Diem, Fees and Contracts $ 75,000 Capital Outlay $ 123,200 Total Funds Budgeted $ 468,998 State Funds Budgeted $ 443, 498 Total Positions Budgeted 12 Budget Unit Object Classes: Personal Services $ 19,721,575 Regular Operating Expenses $ 4,070,947 Travel $ 200,719 Motor Vehicle Equipment Purchases $ 1,225,000 Publications and Printing $ 788,960 Equipment Purchases $ 242,475 Computer Charges $ 1,556,173 Real Estate Rentals $ 46,372 Per Diem, Fees and Contracts $ 135,227 Capital Outlay $ 358,200 Conviction Reports $ 164,000 Total Positions Budgeted 1,306

Page 1460

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, $5,000 is designated and committed

Page 1461

to fence the Augusta Drivers License Facility. Provided, however, that of the above appropriation, $230,000 is designated and committed for renovation and repair of the Georgia Police Academy. Provided, however, that of the above appropriation, $123,200 is designated and committed for completion of Phase I construction for the Georgia Fire Academy Training Facility. Section 34. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 8,427,180 Departmental Operations Budget: Payments to Employees' Retirement System $ 149,000 Employer Contributions $ 8,278,180 Total Funds Budgeted $ 8,427,180 State Funds Budgeted $ 8,427,180 Budget Unit Object Classes: Payments to Employees' Retirement System $ 149,000 Employer Contributions $ 8,278,180 Section 35. Public Service Commission. Budget Unit: Public Service Commission $ 2,551,350 1. Administration Budget: Personal Services $ 555,000 Regular Operating Expenses $ 34,500 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,250 Equipment Purchases $ 1,600 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 49,200 Total Funds Budgeted $ 649,050 State Funds Budgeted $ 649,050 Total Positions Budgeted 27 2. Transportation Budget: Personal Services $ 606,000 Regular Operating Expenses $ 82,500 Travel $ 28,500 Motor Vehicle Equipment Purchases $ 38,000 Publications and Printing $ 7,000 Equipment Purchases $ 2,400 Computer Charges $ -0- Real Estate Rentals $ 26,500 Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 792,400 State Funds Budgeted $ 792,400 Total Positions Budgeted 42 3. Utilities Budget: Personal Services $ 936,400 Regular Operating Expenses $ 67,100 Travel $ 65,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,800 Equipment Purchases $ 1,600 Computer Charges $ -0- Real Estate Rentals $ 10,000 Per Diem, Fees and Contracts $ 95,000 Total Funds Budgeted $ 1,179,900 State Funds Budgeted $ 1,109,900 Total Positions Budgeted 59 Budget Unit Object Classes: Personal Services $ 2,097,400 Regular Operating Expenses $ 184,100 Travel $ 101,000 Motor Vehicle Equipment Purchases $ 38,000 Publications and Printing $ 13,050 Equipment Purchases $ 5,600 Computer Charges $ -0- Real Estate Rentals $ 36,500 Per Diem, Fees and Contracts $ 145,700 Total Positions Budgeted 128

Page 1463

Provided, that of the above appropriation to the Utilities Budget, $150,000 is designated and committed for funding two Analyst II's at pay grade 19/1, three Analyst I's at pay grade 17/1 and one Engineer II at pay grade 19/1 to conduct a continuing and ongoing audit on any fuel adjustment tariff of an electric utility company or purchase gas adjustment of a gas company under the jurisdiction of the Public Service Commission. Section 36. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 284,940,675 1. Resident Instruction Budget: Personal Services $ 258,840,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 91,322,851 Teachers' Retirement $ 20,911,500 Capital Outlay $ 1,000,000 Authority Lease Rentals $ 22,554,362 Total Funds Budgeted $ 394,628,713 Indirect DOAS Services Funding $ 3,582,860 State Funds Budgeted $ 248,537,853 Total Positions Budgeted 16,275 Provided, that from appropriated funds in A, the amount of $22,554,362 in F. Y. 1978 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 $2,000,000 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 of the above appropriated amount relative to Capital Outlay, $1,000,000 is designated and committed for renovations and improvements of physical plant facilities. 2. Marine Resources Extension Center Budget: Personal Services $ 268,788 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 173,123 Total Funds Budgeted $ 441,911 State Funds Budgeted $ 398,911 Total Positions Budgeted 22 3. Skidaway Institute of Oceanography Budget: Personal Services $ 906,235 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 896,841 Total Funds Budgeted $ 1,803,076 State Funds Budgeted $ 573,781 Total Positions Budgeted 33 4. Engineering Experiment Station Budget: Personal Services $ 11,616,071 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 3,770,754 Total Funds Budgeted $ 15,386,825 State Funds Budgeted $ 2,364,841 Total Positions Budgeted 184 5. Engineering Extension Division Budget: Personal Services $ 596,785 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 287,914 Total Funds Budgeted $ 884,699 State Funds Budgeted $ 246,060 Total Positions Budgeted 46 6. Agricultural Experiment Stations Budget: Personal Services $ 10,771,976 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 4,878,617 Total Funds Budgeted $ 15,650,593 State Funds Budgeted $ 9,759,593 Total Positions Budgeted 824 7. Cooperative Extension Service Budget: Personal Services $ 14,974,624 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 2,299,012 Total Funds Budgeted $ 17,273,636 State Funds Budgeted $ 9,113,636 Total Positions Budgeted 955 8. Talmadge Memorial Hospital Budget: Personal Services $ 21,859,474 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 10,883,100 Total Funds Budgeted $ 32,742,574 State Funds Budgeted $ 13,320,000 Total Positions Budgeted 2,282 9. Veterinary Medicine Experiment Station Budget: Personal Services $ 415,500 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 210,500 Total Funds Budgeted $ 626,000 State Funds Budgeted $ 626,000 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 320,249,453 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 114,722,712 Teachers' Retirement $ 20,911,500 Capital Outlay $ 1,000,000 Authority Lease Rentals $ 22,554,362 Total Positions Budgeted 20,649 B. Budget Unit: Regents Central Office $ 10,413,685 Regents Central Office Budget: Personal Services $ 1,727,389 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 395,846 SREB Payments $ 2,181,450 Medical Scholarships $ 360,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,274,000 Family Practice Residency Program $ 275,000 Total Funds Budgeted $ 10,413,685 State Funds Budgeted $ 10,413,685 Total Positions Budgeted 98 Budget Unit Object Classes: Personal Services $ 1,727,389 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 395,846 SREB Payments $ 2,181,450 Medical Scholarships $ 360,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,274,000 Family Practice Residency Program $ 275,000 Total Positions Budgeted 98

Page 1470

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $652 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. Provided, that of the above appropriation relative to SREB Payments, $1,000,000 is designated and approved for payment to Morehouse College for a two-year medical training program in which students may transfer to other medical schools. This appropriation shall not become effective prior to the approval by the Federal Government of the application for funding for the training of health personnel. Section 37. Department of Revenue. Budget Unit: Department of Revenue $ 20,733,349 1. Executive Administration Budget: Personal Services $ 681,240 County Tax Official/Retirement and FICA $ 485,000 Regular Operating Expenses $ 350,961 Travel $ 8,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 190,000 Equipment Purchases $ 5,000 Computer Charges $ 5,590 Real Estate Rentals $ 8,300 Per Diem, Fees and Contracts $ 18,000 Total Funds Budgeted $ 1,752,891 State Funds Budgeted $ 1,752,891 Total Positions Budgeted 39 2. Central Processing Budget: Personal Services $ 2,646,565 Regular Operating Expenses $ 981,921 Travel $ 1,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 209,000 Equipment Purchases $ 28,330 Computer Charges $ 2,325,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Motor Vehicle Tag Purchases $ 715,000 Motor Vehicle Decal Purchases $ 260,040 Total Funds Budgeted $ 7,167,256 Indirect DOAS Services Funding $ 1,825,000 State Funds Budgeted $ 5,342,256 Total Positions Budgeted 256 Provided, that of the above appropriated amount relative to computer charges, the Department is authorized to acquire mini-computers for use in development of a motor vehicle registration computer system. Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $715,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 800,000 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. 3. Property Tax Budget: Personal Services $ 787,000 Regular Operating Expenses $ 27,000 Travel $ 53,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 75,000 Equipment Purchases $ 1,500 Computer Charges $ 603,301 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 46,000 Loans to Counties/Property Reevaluation $ 151,596 Grants to Counties/Appraisal Staff $ 1,450,000 Intangible Tax Equalization Fund $ -0- Total Funds Budgeted $ 3,194,397 Repayment of Loans to Counties/Property Revaluation $ 151,596 Indirect DOAS Services Funding $ 603,301 State Funds Budgeted $ 2,439,500 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 $ 151,596 in F.Y. 1978. 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 $ 824,000 Regular Operating Expenses $ 87,000 Travel $ 2,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 82,000 Equipment Purchases $ 7,200 Computer Charges $ 355,473 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,358,273 Indirect DOAS Services Funding $ 355,473 State Funds Budgeted $ 1,002,800 Total Positions Budgeted 76 5. Motor Fuel Taxation Budget: Personal Services $ 390,000 Regular Operating Expenses $ 6,200 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 28,000 Equipment Purchases $ -0- Computer Charges $ 107,482 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 534,182 Indirect DOAS Services Funding $ 100,182 State Funds Budgeted $ 434,000 Total Positions Budgeted 35 6. Income Taxation Budget: Personal Services $ 1,426,000 Regular Operating Expenses $ 230,000 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 220,500 Equipment Purchases $ 12,000 Computer Charges $ 1,300,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 3,191,000 Indirect DOAS Services Funding $ 1,300,000 State Funds Budgeted $ 1,891,000 Total Positions Budgeted 115 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,778,230 Regular Operating Expenses $ 160,710 Travel $ 37,000 Motor Vehicle Equipment Purchases $ 100,000 Publications and Printing $ 20,000 Equipment Purchases $ 2,950 Computer Charges $ 53,847 Real Estate Rentals $ 2,500 Per Diem, Fees and Contracts $ 5,000 Total Funds Budgeted $ 2,160,237 Indirect DOAS Services Funding $ 53,847 State Funds Budgeted $ 2,106,390 Total Positions Budgeted 114 Provided, that of the above appropriation relative to Personal Services, a one-step increase is authorized for alcohol and tobacco tax enforcement agents. 8. Reciprocities and Research Budget: Personal Services $ 135,970 Regular Operating Expenses $ 22,032 Travel $ 2,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 171,802 State Funds Budgeted $ 171,802 Total Positions Budgeted 7 Provided, that of the above appropriation relative to Personal Services, $9,700 is authorized to provide upgradings of six positions in the Reciprocities and Research Division. 9. Central Audit Budget: Personal Services $ 1,462,380 Regular Operating Expenses $ 12,100 Travel $ 305,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 700 Computer Charges $ 2,580 Real Estate Rentals $ 8,900 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,792,660 State Funds Budgeted $ 1,792,660 Total Positions Budgeted 78 10. Field Audit Services Budget: Personal Services $ 3,349,348 Regular Operating Expenses $ 83,814 Travel $ 212,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,000 Equipment Purchases $ 12,375 Computer Charges $ 8,027 Real Estate Rentals $ 120,186 Per Diem, Fees and Contracts $ 3,300 Total Funds Budgeted $ 3,800,050 State Funds Budgeted $ 3,800,050 Total Positions Budgeted 255 Budget Unit Object Classes: Personal Services $ 13,480,733 County Tax Officials/Retirement and FICA $ 485,000 Regular Operating Expenses $ 1,961,738 Travel $ 627,600 Motor Vehicle Equipment Purchases $ 100,000 Publications and Printing $ 847,500 Equipment Purchases $ 70,055 Computer Charges $ 4,761,300 Real Estate Rentals $ 139,886 Per Diem, Fees and Contracts $ 72,300 Loans to Counties/Property Reevaluation $ 151,596 Grants to Counties/Appraisal Staff $ 1,450,000 Motor Vehicle Tag Purchases $ 715,000 Motor Vehicle Decal Purchases $ 260,040 Intangible Tax Equalization Fund $ -0- Total Positions Budgeted $ 1,033

Page 1476

The department is authorized to realign its budget as might be required in order to implement the provisions of H. B. 110 of the 1977 Regular Session. Section 38. Secretary of State. A. Budget Unit: Secretary of State $ 7,208,784 1. Occupational Certification Budget: Personal Services $ 1,237,753 Regular Operating Expenses $ 686,661 Travel $ 105,002 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 39,121 Equipment Purchases $ 17,600 Computer Charges $ -0- Real Estate Rentals $ 10,000 Per Diem, Fees and Contracts $ 136,600 Total Funds Budgeted $ 2,232,737 State Funds Budgeted $ 2,232,737 Total Positions Budgeted 102 2. Securities Regulation Budget: Personal Services $ 249,000 Regular Operating Expenses $ 27,900 Travel $ 14,850 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 2,500 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 700 Total Funds Budgeted $ 297,450 State Funds Budgeted $ 292,450 Total Positions Budgeted 15 3. Corporations Regulation Budget: Personal Services $ 281,000 Regular Operating Expenses $ 33,700 Travel $ 5,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $ 3,000 Computer Charges $ -0- Real Estate Rentals $ 32,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 358,900 State Funds Budgeted $ 358,900 Total Positions Budgeted 26 4. Pharmacy Regulation Budget: Personal Services $ 249,300 Regular Operating Expenses $ 9,752 Travel $ 42,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ 6,700 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 308,052 State Funds Budgeted $ 308,052 Total Positions Budgeted 13 5. Archives and Records Budget: Personal Services $ 1,225,000 Regular Operating Expenses $ 179,042 Travel $ 35,021 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,600 Equipment Purchases $ 18,500 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Authority Lease Rentals $ 815,000 Total Funds Budgeted $ 2,295,163 State Funds Budgeted $ 2,231,800 Total Positions Budgeted 94 6. General Services Budget: Personal Services $ 474,200 Regular Operating Expenses $ 87,691 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 95,000 Equipment Purchases $ 3,470 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,500 Total Funds Budgeted $ 664,861 State Funds Budgeted $ 604,861 Total Positions Budgeted 35 7. Internal Administration Budget: Personal Services $ 438,400 Regular Operating Expenses $ 73,900 Travel $ 6,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 80,000 Equipment Purchases $ 300 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 599,200 State Funds Budgeted $ 599,200 Total Positions Budgeted 29 8. Bicentennial Commission Budget: Personal Services $ 36,500 Regular Operating Expenses $ 9,700 Travel $ 1,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 50,000 State Funds Budgeted $ 50,000 Total Positions Budgeted 2 9. State Ethics Commission: Personal Services $ 52,900 Regular Operating Expenses $ 13,600 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 3,700 Per Diem, Fees and Contracts $ 11,600 Total Funds Budgeted $ 98,800 State Funds Budgeted $ 98,800 Total Positions Budgeted 3 10. Real Estate Commission Budget: Personal Services $ 251,700 Regular Operating Expenses $ 82,247 Travel $ 18,608 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,429 Equipment Purchases $ 6,000 Computer Charges $ 20,000 Real Estate Rentals $ 23,000 Per Diem, Fees and Contracts $ 17,000 Total Funds Budgeted $ 431,984 State Funds Budgeted $ 431,984 Total Positions Budgeted 21 Budget Unit Object Classes: Personal Services $ 4,495,753 Regular Operating Expenses $ 1,204,193 Travel $ 240,581 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 266,450 Equipment Purchases $ 58,070 Computer Charges $ 20,000 Real Estate Rentals $ 68,700 Per Diem, Fees and Contracts $ 168,400 Authority Lease Rentals $ 815,000 Total Positions Budgeted 340 B. Budget Unit: State Board of Dental Examiners $ 67,000 State Board of Dental Examiners Budget: Personal Services $ 25,000 Regular Operating Expenses $ 18,200 Travel $ 3,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 1,700 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 15,000 Totel Funds Budgeted $ 67,000 State Funds Budgeted $ 67,000 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 25,000 Regular Operating Expenses $ 18,200 Travel $ 3,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 1,700 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 15,000 Total Positions Budgeted 2

Page 1481

Section 39. State Scholarship Commission. Budget Unit: State Scholarship Commission $ 10,982,165 1. Internal Administration Activity Budget: Personal Services $ 744,247 Regular Operating Expenses $ 124,737 Travel $ 24,400 Motor Vehicle Equipment Purchases $ 4,900 Publications and Printing $ 4,700 Equipment Purchases $ 8,950 Computer Charges $ -0- Real Estate Rentals $ 75,595 Per Diem, Fees and Contracts $ 36,200 Total Funds Budgeted $ 1,023,729 State Funds Budgeted $ -0- Total Positions Budgeted 56 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees $ 329,000 Total Funds Budgeted $ 329,000 State Funds Budgeted $ 132,000 Total Positions Budgeted 0 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans $ 2,145,000 Tuition Equalization Grants $ 7,108,703 State Student Incentive Scholarships $ 2,551,004 North Georgia College ROTC Grants $ 60,000 Total Funds Budgeted $ 11,864,707 State Funds Budgeted $ 10,810,165 Total Positions Budgeted 0 4. Law Enforcement Personnel Dependents Scholarship Program Budget: Law Enforcement Personnel Dependents Scholarships $ 40,000 Total Funds Budgeted $ 40,000 State Funds Budgeted $ 40,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 744,247 Regular Operating Expenses $ 124,737 Travel $ 24,400 Motor Vehicle Equipment Purchases $ 4,900 Publications and Printing $ 4,700 Equipment Purchases $ 8,950 Computer Charges $ -0- Real Estate Rentals $ 75,595 Per Diem, Fees and Contracts $ 36,200 Payment of Interest and Fees $ 329,000 Direct Guaranteed Loans $ 2,145,000 Tuition Equalization Grants $ 7,108,703 State Student Incentive Scholarships $ 2,551,004 Law Enforcement Personnel Dependents Scholarships $ 40,000 North Georgia College ROTC Grants $ 60,000 Total Positions Budgeted 56

Page 1483

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 $1,434,000 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 $40,000 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 $7,108,703 is designated and committed to provide $500 Tuition Equalization Grants to Freshmen, Sophomores, Juniors and Seniors attending private colleges as provided in Ga. L. 1971, p. 906, as amended.

Page 1484

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, third-year, and fourth-year undergraduate students as provided by applicable State and federal law, provided, however, that Georgia veteran students otherwise eligible and qualifying to receive a Student Incentive Scholarship shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification but such priority for veterans shall only apply to $230,000 of the funds appropriated for Student Incentive Scholarships. Provided, further, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institutions of higher education, nor to students for summer period study in other post-secondary educational institutions unless summer period study is part of the typical academic year of such institution. Provided, that from the above appropriation related to Tuition Equalization Grants, any available funds may be utilized for payment for the summer quarter. Provided, that from the above appropriated amount relative to the Payment of Interest and Fees, any available funds may be utilized to increase the interest subsidy paid to commercial lenders to 1.5%. Provided, that of the above appropriation relative to Direct Guaranteed Loans, $10,000 is designated and committed for students who are to become agricultural teachers.

Page 1485

Section 40. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 381,398 Soil and Water Conservation Central Office Budget: Personal Services $ 182,713 Regular Operating Expenses $ 33,719 Travel $ 28,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,043 Equipment Purchases $ 2,948 Computer Charges $ -0- Real Estate Rentals $ 8,875 Per Diem, Fees and Contracts $ 113,700 Total Funds Budgeted $ 381,398 State Funds Budgeted $ 381,398 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 182,713 Regular Operating Expenses $ 33,719 Travel $ 28,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,043 Equipment Purchases $ 2,948 Computer Charges $ -0- Real Estate Rentals $ 8,875 Per Diem, Fees and Contracts $ 113,700 Total Positions Budgeted 11 Section 41. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 1,453,000 Departmental Operations Budget: Personal Services $ 876,785 Regular Operating Expenses $ 84,400 Travel $ 13,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 10,000 Computer Charges $ 335,600 Per Diem, Fees and Contracts $ 80,000 Floor Fund for Local Retirement Systems $ 841,000 Employer Contributions $ 612,000 Total Funds Budgeted $ 2,864,785 State Funds Budgeted $ 1,453,000 Total Positions Budgeted 60 Budget Unit Object Classes: Personal Services $ 876,785 Regular Operating Expenses $ 84,400 Travel $ 13,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 10,000 Computer Charges $ 335,600 Per Diem, Fees and Contracts $ 80,000 Floor Fund for Local Retirement Systems $ 841,000 Employer Contributions $ 612,000 Total Positions Budgeted 60

Page 1486

It is the intent of the General Assembly that from funds available the Teachers' Retirement System is authorized to implement H. B. 15 of the 1975 Regular Session of the Georgia General Assembly. Section 42. Department of Transportation. Budget Unit: Department of Transportation $ 291,175,437 1. Planning and Construction Budget: Personal Services $ 55,197,864 Regular Operating Expenses $ 3,736,072 Travel $ 1,180,360 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 233,440 Equipment Purchases $ 106,200 Computer Charges $ -0- Real Estate Rentals $ 183,558 Per Diem, Fees and Contracts $ 3,735,200 Capital Outlay $ 201,703,961 State of Georgia General Obligation Debt Sinking Fund $ -0- Total Funds Budgeted $ 266,076,655 State Funds Budgeted $ 108,253,691 Total Positions Budgeted 3,417 2. Maintenance and Betterments Budget: Personal Services $ 34,758,509 Regular Operating Expenses $ 22,031,237 Travel $ 201,960 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,160 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 907,725 Capital Outlay $ 61,150,000 State of Georgia General Obligation Debt Sinking Fund $ -0- Total Funds Budgeted $ 119,052,591 State Funds Budgeted $ 118,102,591 Total Positions Budgeted 3,500 3. Authorities Budget: Authority Lease Rentals $ 26,607,334 State of Georgia General Obligation Debt Sinking Fund $ 3,744,862 Total Funds Budgeted $ 30,352,196 State Funds Budgeted $ 30,352,196 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 2,300,000 Equipment Purchases $ 685,836 Capital Outlay $ 386,100 Total Funds Budgeted $ 3,371,936 State Funds Budgeted $ 3,171,936 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 $ 5,959,382 Regular Operating Expenses $ 2,780,702 Travel $ 100,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 225,000 Equipment Purchases $ -0- Computer Charges $ 1,218,989 Real Estate Rentals $ 48,000 Per Diem, Fees and Contracts $ 230,500 Total Funds Budgeted $ 10,562,573 State Funds Budgeted $ 10,562,573 Total Positions Budgeted 321 Appropriation of State funds in the foregoing Department of Transportation budgets shall be in conformity with and pursuant to Article III, section X, Paragraph VII, subsection (b) 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 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. 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 submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of section 92-1404, subsection (F) of the Motor Fuel Tax Law against the amount of funds expended by each county in such year for the purposes authorized by said section. Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below: Planning and Construction Geodetic Control $ 250,000 Capital OutlayAppalachian Highway $ 6,760,000 Capital OutlayPaving State Schools and Institutions $ 500,000 Maintenance and Betterments Capital OutlayRehabilitation Off-System $ 30,000,000 Capital OutlayPaving at State Parks and Historic Sites $ 250,000 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 III, section X, Paragraph VII, subsection (b) of the State Constitution. 7. 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. 8. Air Transportation Budget: Personal Services $ 333,572 Regular Operating Expenses $ 287,417 Travel $ 10,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 9,000 Computer Charges $ -0- Real Estate Rentals $ 1 Per Diem, Fees and Contracts $ 500 Total Funds Budgeted $ 641,090 State Funds Budgeted $ 426,090 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services $ 296,758 Regular Operating Expenses $ 14,054 Travel $ 9,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ -0- Computer Charges $ 8,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 142,819 Capital Outlay $ 80,846 Mass Transit Grants $ 355,370 Airport Operational Improvements $ 500,000 Total Funds Budgeted $ 1,422,347 State Funds Budgeted $ 1,422,347 Total Positions Budgeted 18 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 $ 96,546,085 Regular Operating Expenses $ 28,849,482 Travel $ 1,502,220 Motor Vehicle Equipment Purchases $ 2,300,000 Publications and Printing $ 476,800 Equipment Purchases $ 801,036 Computer Charges $ 1,226,989 Real Estate Rentals $ 231,559 Per Diem, Fees and Contracts $ 5,016,744 Capital Outlay $ 263,320,907 Mass Transit Grants $ 355,370 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 250,000 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 26,607,334 State of Georgia General Obligation Debt Sinking Fund $ 3,744,862 Airport Operational Improvements $ 500,000 Total Positions Budgeted 7,273

Page 1494

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 5% 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.

Page 1495

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, 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 related to Per Diem and Fees, $50,000 is designated and committed for Rail Facilities Planning. Provided, that of the above appropriation relative to Capital Outlay, $250,000 is designated and committed for paving at State Parks and Historic Sites. Section 43. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 6,333,738 1. Veterans Assistance Budget: Personal Services $ 2,028,252 Regular Operating Expenses $ 121,000 Travel $ 65,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 5,000 Computer Charges $ 100 Real Estate Rentals $ 26,975 Per Diem, Fees and Contracts $ 7,500 Grants to Confederate Widows $ 12,000 Total Funds Budgeted $ 2,283,827 State Funds Budgeted $ 2,012,679 Total Positions Budgeted 173 2. Veterans Home and Nursing FacilityMilledgeville Budget: Equipment Purchases $ 2,000 Operating Expenses/Payments to Central State Hospital $ 4,355,493 Total Funds Budgeted $ 4,357,493 State Funds Budgeted $ 3,025,242 3. Veterans Nursing Home Augusta Budget: Operating Expense/Payments to Medical College of Georgia $ 1,909,004 Capital Outlay $ 57,500 Total Funds Budgeted $ 1,966,504 State Funds Budgeted $ 1,295,817 Budget Unit Object Classes: Personal Services $ 2,028,252 Regular Operating Expenses $ 121,000 Travel $ 65,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 7,000 Computer Charges $ 100 Real Estate Rentals $ 26,975 Per Diem, Fees and Contracts $ 7,500 Capital Outlay $ 57,500 Grants to Confederate Widows $ 12,000 Operating Expense/Payments to Central State Hospital $ 4,355,493 Operating Expense/Payments to Medical College of Georgia $ 1,909,004 Total Positions Budgeted 173

Page 1497

Section 44. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board $ 2,213,213 1. Workmen's Compensation Administration Budget: Personal Services $ 1,668,935 Regular Operating Expenses $ 163,285 Travel $ 29,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,631 Equipment Purchases $ 7,680 Computer Charges $ 60,120 Real Estate Rentals $ 105,230 Per Diem, Fees and Contracts $ 29,800 Total Funds Budgeted $ 2,081,131 State Funds Budgeted $ 2,081,131 Total Positions Budgeted 109 2. Vocational Rehabilitation Budget: Personal Services $ 115,796 Regular Operating Expenses $ 3,686 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 600 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 132,082 State Funds Budgeted $ 132,082 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 1,784,731 Regular Operating Expenses $ 166,971 Travel $ 39,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,631 Equipment Purchases $ 8,280 Computer Charges $ 60,120 Real Estate Rentals $ 105,230 Per Diem, Fees and Contracts $ 29,800 Total Positions Budgeted 117

Page 1498

Section 45. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 23,290,052 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 17,986,000 Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $3,778,000 is specifically appropriated for the purpose of constructing and equipping an office building on property in Atlanta, Georgia, known as the GBA-39, Twin Office Towers, through the issuance of not to exceed $41,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $2,812,000 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia which shall consist of the construction, equipping, and acquisition of school buildings and facilities, including vocational education comprehensive high schools, through the issuance of not to exceed $29,780,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation

Page 1499

Debt Sinking Fund, $896,000 is specifically appropriated for the purpose of Area Vocational-Technical School construction and equipping through the issuance of not to exceed $9,490,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $401,000 is specifically appropriated for the purpose of constructing a Regional Youth Development Center at Fitzgerald, Georgia, Vocational Rehabilitation Centers in Dougherty and Gwinnett Counties, and for the acquisition of a Department of Human Resources facility at Albany through the issuance of not to exceed $4,250,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $992,000 is specifically appropriated for the purposes of financing a new construction and major rehabilitation, remodeling or renovation program which consists of the acquisition of land (if needed); the construction of new buildings and facilities; major rehabilitation, remodeling or renovation of existing buildings and facilities 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 $10,500,000 in principal amount of General Obligation Debt. Major rehabilitation, remodeling or renovation is deemed to mean projects costing in excess of $300,000 each. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $4,722,000 is

Page 1500

specifically appropriated for the advanced construction of the interstate system through the issuance of not to exceed $50,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $203,000 is specifically appropriated for the acquisition of historic and recreational sites through the issuance of not to exceed $2,150,000 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 constructing a general cargo facility on Colonel's Island, Georgia, through the issuance of not to exceed $12,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,011,000 is specifically appropriated for the purpose of constructing and equipping a new community correctional facility at Atlanta, Georgia, through the issuance of not to exceed $10,700,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,039,000 is specifically appropriated for the purpose of constructing and equipping a new community correctional facility at Savannah, Georgia, through the issuance of not to exceed $11,000,000 in principal amount of General Obligation Debt.

Page 1501

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $660,000 is specifically appropriated for an instructional building at Georgia Academy for the Blind, a middle school dormitory and clinic building and a food services building at Georgia School for the Deaf, and a central services building at Atlanta Area School for the Deaf through the issuance of not to exceed $6,990,000 in principal amount of Georgia Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $472,000 is specifically appropriated for the purpose of renovating public school buildings and facilities through the issuance of not to exceed $5,000,000 in principal amount of General Obligation Debt. Section 46. This Appropriations Act includes the appropriation of $1,400,000 of Public Works Act Title II funds for such items of appropriation in this Act as the Governor shall designate. Section 47. In addition to all other appropriations for the fiscal year ending June 30, 1978, there is hereby appropriated based on five percent (5%) salary increase, with a minimum of $500 per year, to be effective July 1, 1977, $24,346,356 for State employees, of which $117,100 is for the Department of Audits, $35,500 is for the Supreme Court, $44,200 is for the Court of Appeals, $325,000 is for the Georgia Building Authority, $1,211 is for the Sentence Review Panel, $7,700 is for the Prosecuting Attorneys'

Page 1502

Council, $5,088 is for the Administrative Office of the Courts and $1,556 is for the Council of Juvenile Court Judges. For the University System employees, there is hereby appropriated based on a nine and one-half percent (9%) salary increase with a minimum of $500 per year for nonacademic personnel, $24,716,000, to be effective on July 1, 1977, for nonacademic personnel and fiscal year contracted personnel, and September 1, 1977, for academic contracted personnel. Two and one-half percent (2%) of the nine and one-half percent (9%) for University System employees will be distributed effective on July 1, 1977, for fiscal year contracted personnel and September 1, 1977, for academic contracted personnel. Section 48. Provided, however, it is the intent of this General Assembly that to the greatest extent possible, Federal funds in excess of the amounts contemplated in this Appropriations Act shall be used to supplant State funds, and the Office of Planning and Budget is authorized and directed to implement this proviso to the greatest extent feasible. Section 49. In addition to all other appropriations for the fiscal year ending June 30, 1978, there is hereby appropriated $1,138,648 to cover an increase in the State contributions for Employees Health Insurance. Section 50. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act.

Page 1503

Section 51. 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 to 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 52. No State appropriation authorized under this Act shall be used to continue programs currently funded by 100% Federal funds. Section 53. 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 54. In accordance with the requirements of Article IX, 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, 1977, and for each and every fiscal year thereafter, until all payments required under lease contracts have

Page 1504

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 55. 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 1977 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 1978, 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

Page 1505

shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 56. 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. 1978 submitted to the General Assembly at the 1977 regular session. Section 57. 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. Section 58. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of

Page 1506

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 59 . TOTAL APPROPRIATIONS F.Y. 1978 $ 2,143,976,000. Section 60 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 61 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1977. WATER WELL STANDARDS ADVISORY COUNCILORGANIZATION AND OPERATION. No. 751 (House Bill No. 294). An Act to amend an Act providing for the development of water well standards and creating the Water Well Standards Advisory Council, approved March 31, 1976 (Ga. L. 1976, p. 974), so as to change the assignment of the Council for administrative purposes; to provide that the Council shall not be abolished June 30, 1981; to provide for a chairman and vice chairman and for the organization of the Council; to provide for expenses of the Council; to provide that the Joint Secretary of the State Examining Boards shall act as the administrative agent of the Council; to provide that the Council shall adopt and promulgate standards and rules governing the licensing of water well contractors; to provide for the regulation of water well contractors; to provide definitions; to provide for terms of office of members of the Council; to provide for the licensing

Page 1507

of water well contractors; to provide requirements for the issuance of a license; to provide for reciprocity; to exempt certain persons from the licensing requirement; to preempt the field of licensing water well contractors; to provide for the display of the license and license number of water well contractors; to provide for notification of changes in rules and regulations; to provide for enforcement of rules; to provide exceptions; to provide for the suspension and revocation of licenses; to provide for injunctive relief in certain situations; to authorize the Council to hear and determine complaints; to provide for the expiration and renewal of licenses; to provide criminal 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 for the development of water well standards and creating the Water Well Standards Advisory Council, approved March 31, 1976 (Ga. L. 1976, p. 974), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. Council created. (a) The Water Well Standards Advisory Council is hereby created. The Council shall be composed of the following: Council created. (1) a member appointed by the Commissioner of Human Resources to serve for an initial term of two years, which term shall expire July 1, 1978; (2) a member appointed by the Commissioner of Natural Resources to serve for an initial term of three years, which term shall expire July 1, 1979; and a member appointed by the Georgia Farm Bureau to serve for an initial term of three (3) years, which term shall expire July 1, 1979; and (3) three members, who are members of the Georgia Well Drillers Association, appointed by the Governor to serve for initial terms of four years, which terms shall expire July 1, 1980. Thereafter, upon the expiration of the respective terms, each successor shall be appointed in the same manner as his predecessor for a term of three years. At the first meeting of the Council held

Page 1508

in each calendar year, the Council shall elect a chairman who shall serve for one year, adopt rules of procedure and develop a work plan. Vacancies on the Council shall be filled in the same manner as the original appointment for the remainder of the term of office. A vacancy in the position of chairman shall be filled by vote of the Council. (b) The Council shall hold at least two regular meetings each year. Three members shall constitute a quorum. An affirmative vote of a majority of the members present shall be necessary to transact business. Regulations adopted by the Council may provide for such additional regular meetings as necessary and for special meetings. Notice of all meetings shall be given as may be provided in the regulations. (c) The Joint Secretary shall be the secretary of the Council and, in addition to his duties as prescribed by law, shall perform such other administrative duties as may be prescribed by the Council. Except as provided herein, the Council shall provide by rule and regulation for its own government. Members of the Council shall serve without compensation but shall be reimbursed for travel and other expenses incurred by them in carrying out their official duties in the same amount as provided for certain State boards and commissions under section 4 of an Act approved April 13, 1973 (Ga. L. 1973, p. 701), as now or hereafter amended. Section 2. Said Act is further amended by striking section 4 in its entirety, which section reads as follows. Department of Natural Resources. 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 3. Said Act is further amended by renumbering section 5 as section 4 and striking in its entirety the last sentence thereof, so that when so amended the new section 4 shall read as follows:

Page 1509

Section 4. Development of standards and rules and regulations. The Council shall study the need for standards and rules and regulations relating to the location, 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 and rules and regulations prior to the convening of the regular 1977 Session of the General Assembly and shall submit such proposed standards and rules and regulations 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 and rules and regulations. Such standards or rules and regulations or modifications in such standards or rules and regulations shall not become effective until approved or approved as amended by the General Assembly. Section 4. Said Act is further amended by renumbering sections 6 and 7 as sections 15 and 16 and inserting the following new sections 5 through 14 to read as follows: Section 5. Definitions. The following words and phrases as used in this Act shall, unless the context clearly requires otherwise, have the following meanings: Definitions. (a) `Council' means the Water Well Standards Advisory Council. (b) `Construction of water wells' means all parts and acts necessary to obtain groundwater by wells, but excluding the installation of pumps and pumping equipment. (c) `Groundwater' means water of underground streams, channels, artesian basins, reservoirs, lakes and other water under the surface of the earth, whether public or private, natural or artificial, which is contained within, flows through, or borders upon this State or any portion thereof, including those portions of the Atlantic Ocean over which this State has jurisdiction. (d) `Joint Secretary' means the office as established by Georgia Code Chapter 84-1.

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(e) `Person' means any individual, partnership, association, trust, firm, corporation, county, municipality or other entity, including the State. (f) `Water well' means any excavation that is cored, bored, drilled, jetted, dug or otherwise constructed for the purpose of locating, testing or withdrawing groundwater and intended or usable as a source of water supply; provided, however, that `water well' shall not include any water wells excavated by officers or employees of the federal or State government acting in an official capacity. (g) `Water well contractor' means any person engaging in the business of construction of water wells. (h) `Water well rig' means tackle, equipment or machinery fitted for the specific purpose of drilling wells. Section 6. Powers and duties of the Council. In addition to other powers and duties specified in this Act, the Council shall: (a) adopt and amend rules and regulations which may be reasonably necessary to carry out the provisions of this Act and the regulation of proceedings before the Council. The Council and all of its rules, regulations and procedures are subject to and shall comply with the provisions in the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as now or hereafter amended, (b) pay into the State Treasury all fees and moneys received by it; (c) adopt and have an official seal; (d) employ such administrative, investigative, professional and clerical assistance as it shall deem necessary to fulfill the provisions of this Act; and (e) set the amount of all fees required by this Act. No rules and regulations promulgated pursuant to the provisions of this Act shall have the force of law unless they are approved

Page 1511

by a joint committee composed of three members of the standing committee of the House of Representatives to which such Act was referred to be appointed by the Chairman of such committee and three members of the standing committee of the Senate to which such Act was referred to be appointed by the Chairman of such committee. In order for such rules and regulations to have the force of law, it shall be necessary that not less than four members of the joint committee affirmatively approve such rules and regulations. At least two of such four members must be Senators and at least two of such four members must be Representatives. A report showing the action of the joint committee and signed by all the members approving such rules and regulations shall be filed with the Clerk of the House of Representatives and with the Secretary of the Senate. Such report shall be included in the Journal of the House of Representatives and the Journal of the Senate. Such approved rules and regulations shall expire at the end of the next regular session of the General Assembly following the action of the Joint committee unless the report of the committee is ratified by a resolution of the General Assembly at such session. Section 7. Joint Secretary. (a) The Joint Secretary of the State Examining Boards shall act as the administrative agent for the Council. The same jurisdiction, duties, powers and authority which the Joint Secretary has with reference to other examining boards is hereby conferred upon him with respect to the Water Well Standards Advisory Council. (b) The office of the Joint Secretary, State Examining Boards, shall have the duty to bring together and keep all records of said Council; to receive all applications for licenses; to schedule a time and place for examinations (with the consent of the Council); to schedule a time and place for all hearings; to issue certificates upon authority of the Council; to collect all fees and to remit same to the State Treasury. (c) All orders and processes of the Council shall be signed and attested by the Joint Secretary, State Examining Boards, and any notice or legal process necessary to be served upon the Council may be served upon the Joint Secretary, State Examining Boards.

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Section 8. Application for license; requirements for licenses; exceptions. (a) Any person desiring to engage in the business of water well construction in this State shall apply to the Council for a license as a water well contractor. All such applications shall be made on forms provided by the Joint Secretary and shall be accompanied by a fee to be prescribed by the Council. (b) Until January 1, 1978, a water well contractor who is a resident of the State with two years' experience in the water well construction business shall be licensed without examination upon submitting proof of such experience to the Council. (c) After January 1, 1978, an applicant for a license as a water well contractor shall be required to have two years' experience working in the water well construction business under a licensed water well contractor and shall be required to pass an examination administered by the Council. The examination may be written, oral or practical work, or any combination of the three. A person failing the examination may apply for reexamination after six months from the date of the previous examination. Examinations shall be offered within the State at least twice each year at a time and place designated by the Council. (d) Satisfactory proof of two years' experience in the water well construction business, either for the license without the necessity of passing an examination or for the license with the examination, shall consist of any one of the methods (1, 2 or 3) described below. If the proof is to be presented for the license without the necessity of passing an examination, the two years' experience must be immediately prior to the effective date of this Act. (1) Copies of county and/or city occupational license covering two years and indicating the occupation as `well driller', `water well contractor' or equivalent. (2) A list of ten wells, together with their locations, major use and approximate customer cost that the applicant has constructed or has helped to construct within the last two years. This list must show the name and address of the owner or owners of

Page 1513

each well, and the approximate date the construction of each well was completed. Completion dates of the ten wells must span the two-year time period. In addition, the applicant must provide notarized letters from three persons attesting to the length of time the applicant has been in the water well construction business as a major activity. (3) In lieu of the methods described above, satisfactory proof of equivalent value may be presented to the Council and, at the Council's option, accepted on an individual basis. (e) Any person wishing to engage in the water well construction business shall designate himself or at least one partner, officer or full-time employee to fulfill the above requirements. If the requirements are satisfactorily fulfilled, the person shall be granted a license under this Act, and such license shall cover water well construction activities for which the person is responsible and so licensed. The partners, officers and employees of the person shall be allowed to engage in the activities covered by said license, provided that the individual who fulfilled the licensing requirements has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided the Council for that purpose. Any such license shall be valid so long as the designated partner, officer or full-time employee is associated with the licensee, or until it otherwise expires. (f) The Council, upon application, may issue an appropriate license to any person who holds a similar license in any state, territory or possession of the United States, if the requirements for the license do not conflict with the provisions of this Act and are of a standard not lesser than that specified by this Act and by rules and regulations promulgated under this Act; provided, however, that such other state, territory or possession grants similar reciprocity to license holders in this State. (g) The Council shall publish annually a list of names and addresses of all persons holding licenses under this Act and shall mail a copy of said list to all persons who request same. (h) Nothing in this section shall be construed to require the registration of a person who constructs a well on his own or

Page 1514

leased property intended for use only in a single-family house which is his permanent residence or intended for use only for farming purposes on his farm, which well produces less than 25,000 gallons per day, so long as the waters to be produced are not intended for use by the public or in any residence other than his own. (i) Effective for the calendar year 1978 and thereafter, the State of Georgia hereby preempts the field of licensing water well contractors; and licenses issued by the Council shall authorize bona fide holders thereof to engage in the business authorized by such licenses anywhere within the territorial limits of the State. No provision of this Act shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing or collecting any business license fee, registration fee, tax or gross receipt tax on any profession covered by this Act or upon any related profession or anyone engaged in any related profession governed by the provisions of this Act. Section 9. Content and display of licenses for construction of water wells. (a) The licenses granted under section 8 shall contain the name of the contractor, date of issuance, expiration date, license number and the official designation or symbol of the Council, together with the signature of the Council chairman and chief administrative officer of the Council. This license shall be displayed in a conspicuous place at the operator's principal place of business. (b) All rigs and commercial vehicles used by water well contractors in well construction operations shall prominently display on each rig or vehicle the name of the person, firm or corporation and shall likewise display the appropriate water well contractor's license number. Section 10. Notification to water well contractors. The Council may from time to time amend its rules and regulations governing water well contractors. The Council will notify each water well contractor on the official list of licensed water well contractors of any changes in the rules and regulations prior to the effective date of the changes. This notification or lack thereof will in no way affect the effective date of the changes in the rules and regulations.

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Section 11. Exceptions. (a) Nothing in this Act shall affect oil and gas drilling operations covered by the provisions of the Oil and Gas and Deep Drilling Act of 1975, approved April 24, 1975 (Ga. L. 1975, p. 966), as now or hereafter amended. (b) Nothing in this Act shall affect the regulation of groundwater use by the Department of Natural Resources pursuant to the Groundwater Use Act of 1972, approved April 5, 1972 (Ga. L. 1972, p. 976), as now or hereafter amended. Section 12. Suspension, revocation and renewal of licenses. (a) The Council shall suspend or revoke a license upon a finding of one or more of the following grounds: (1) material misstatement in the application for license; (2) willful disregard or violation of section 14 of this Act or any law of the State of Georgia relating to wells, including any violation of standards or rules adopted pursuant to this Act; (3) willfully aiding or abetting another in the violation of section 14 of this Act or any law of the State of Georgia relating to well; (4) incompetency in the performance of the work of a water well contractor; (5) making substantial misrepresentations or false promises in connection with the occupation of a water well contractor. (b) The Council shall have power and authority to hear and determine all complaints of violations or this Act and the regulations pursuant thereto, filed with said Council by any interested party, after first giving the person against whom the complaint is filed at least ten days' written notice of the time and place of hearing, together with a copy of the complaint filed against such person. Hearings will be conducted according to the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. If, upon the hearing, the Council deems such complaint meritorious, said Council may, in its discretion, suspend or revoke the license of the person against whom the complaint is filed or may allow such person a

Page 1516

reasonable time in which to meet and correct the complaint of the objecting party. Suspensions or revocations of licenses shall be conducted according to said Georgia Administrative Procedure Act. (c) The Council, by majority vote of the quorum, may reissue a license to any person whose license has been revoked upon written application to the Council by the applicant, showing good cause to justify such reissuance. (d) Whenever it shall appear to the Council that any person is or has been violating any provisions of this Act, or any of the lawful rules, regulations, or orders of the Council, the Council 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 adequete remedy at law. The right of injunction provided for in this section shall be in addition to any other legal remedy which the Council has and shall be in addition to any right of criminal prosecution provided by law. Section 13. Annual renewal of licenses. All licenses expire annually at such time as may be designated by the Council. All applications for renewal shall be filed with the Joint Secretary prior to the expiration date, accompanied by the annual renewal fee prescribed by the Council. A license which has expired for failure to renew may only be restored after application and payment of the prescribed restoration fee. A new license to replace any license lost, destroyed or mutilated may be issued, subject to the rules of the Council and payment of a fee set by the Council. Section 14. Penalties. Any person who engages in or follows the business or occupation of, or advertises, holds himself out, or acts temporarily or otherwise as a well driller contractor without having first secured the required license or renewal thereof, or who otherwise violates any provisions of this Act shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100.00 and not more than $1,000.00 within the discretion of the court; and each day in which such violation exists or continues shall constitute a separate offense.

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Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. 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. Approved April 11, 1977. CONSERVATION RANGER ACT AMENDEDSALARIES. No. 752 (House Bill No. 311). An Act to amend an Act known as the Conservation Ranger Act, approved April 19, 1973 (Ga. L. 1973, p. 1483), as amended by an Act approved April 2, 1974 (Ga. L. 1974, p. 1453), and an Act approved March 18, 1976 (Ga. L. 1976, p. 522), so as to provide for pay grades for those members of the Uniform Division of Conservation Rangers under the Merit System; to provide for pay grades for wildlife technicians; 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 known as the Conservation Ranger Act, approved April 19, 1973 (Ga. L. 1973, p. 1483), as amended by an Act approved April 2, 1974 (Ga. L. 1974, p. 1453), and an Act approved March 18, 1976 (Ga. L. 1976, p. 522), is hereby

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amended by adding a new section to be known as section 1B, to read as follows: Section 1B. (a) During the fiscal year beginning July 1, 1977, the members of the Uniform Division of Conservation Rangers shall be compensated on the following Merit System pay grades: Ranger Pay Grade 14 Corporal Pay Grade 15 Sergeant Pay Grade 16 Lieutenant Pay Grade 17 Captain Pay Grade 18 Major Pay Grade 20 Lieutenant Colonel Pay Grade 21 Colonel Pay Grade 23 The above members of the Uniform Division of Conservation Rangers, being in the classified service under the State Merit System of Personnel Administration, shall be subject to the rules and regulations of such System except that the pay grades listed above and the amounts represented by such pay grades shall not be reduced during such fiscal year. (b) During the fiscal year beginning July 1, 1978, the members of the Uniform Division of Conservation Rangers shall be compensated on the following Merit System pay grades: Ranger Pay Grade 15 Corporal Pay Grade 16 Sergeant Pay Grade 17 Lieutenant Pay Grade 18 Captain Pay Grade 19 Major Pay Grade 21 Lieutenant Colonel Pay Grade 22 Colonel Pay Grade 24 The above members of the Uniform Division of Conservation Rangers, being in the classified service under the State Merit System of of Personnel Administration, shall be subject to the rules and regulations of such System except that the pay grades listed above and the amounts represented by such pay grades shall not be reduced.

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Section 2. Said Act is further amended by adding a new section to be known as section 1C, to read as follows: Section 1C. (a) During the fiscal year beginning July 1, 1977, wildlife technicians shall be compensated on the following Merit System pay grades: Wildlife Technician I Pay Grade 13 Wildlife Technician II Pay Grade 14 Wildlife Technician III Pay Grade 15 Wildlife Technician IV Pay Grade 16 The above wildlife technicians, being in the classified service under the State Merit System of Personnel Administration, shall be subject to the rules and regulations of such System except that the pay grades listed above and the amounts represented by such pay grades shall not be reduced during such fiscal year. (b) During the fiscal year beginning July 1, 1978, wildlife technicians shall be compensated on the following Merit System pay grades: Wildlife Technician I Pay Grade 14 Wildlife Technician II Pay Grade 15 Wildlife Technician III Pay Grade 16 Wildlife Technician IV Pay Grade 17 The above wildlife technicians, being in the classified service under the State Merit System of Personnel Administration, shall be subject to the rules and regulations of such System except that the pay grades listed above and the amounts represented by such pay grades shall not be reduced. Section 3. 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 4. All laws and parts of laws in conflict with this act are hereby repealed. Approved April 11, 1977.

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ADMINISTRATIVE PROCEDURE ACT AMENDEDRULES. No. 753 (Senate Bill No. 14). An Act to amend an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended by an Act approved March 26, 1965 (Ga. L. 1965, p. 283), an Act approved March 10, 1966 (Ga. L. 1966, p. 333), an Act approved April 14, 1967 (Ga. L. 1967, p. 618), an Act approved April 21, 1967 (Ga. L. 1967, p. 893), an Act approved March 5, 1968 (Ga. L. 1968, p. 115), and an Act approved April 14, 1975 (Ga. L. 1975, p. 404), so as to provide for additional distribution of the notice required prior to the adoption, amendment or repeal of rules; to change the provisions relative to content of the notice; to provide for the review of rules by the General Assembly; to provide for the repeal of rules; to provide for matters relative to the foregoing; to amend an Act passed at the regular 1977 session of the General Assembly which created the Department of Community Affairs; to amend an Act passed at the regular 1977 session of the General Assembly known as the Water Well Standards Act; to amend an Act passed at the regular 1977 session of the General Assembly which amended an Act providing for the development of water well standards and created the Water Well Standards Advisory Council, approved March 31, 1976 (Ga. L. 1976, p. 974); to provide 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 Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended by an Act approved March 26, 1965 (Ga. L. 1965, p. 283), an Act approved March 10, 1966 (Ga. L. 1966, p. 333), an Act approved April 14, 1967 (Ga. L. 1967, p. 618), an Act approved April 21, 1967 (Ga. L. 1967, p. 893), an Act approved March 5, 1968 (Ga. L. 1968, p. 115), and an Act approved April 14, 1975 (Ga. L. 1975, p. 404), is hereby amended by striking paragraph (1) of subsection (a) of section 4 in its entirety and inserting in lieu thereof a new paragraph (1) of subsection (a) of section 4, to read as follows.

Page 1521

(1) Give at least twenty (20) days' notice of its intended action. The notice shall include a copy of the proposed rule and the time when, the place where and the manner in which interested persons may present their views thereon. The notice shall also contain a citation of the authority pursuant to which the rule is proposed for adoption, and if the proposal is an amendment or repeal of an existing rule such rule shall be clearly identified. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be maintained by the agency for advance notice of its rule-making proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency. Section 2 . Said Act is further amended by adding a new subsection to section 4 to be known as subsection (e), to read as follows: (e) The agency, within the time limitations provided, shall furnish three copies of the notice prescribed in paragraph (1) of subsection (a) of this section to the Legislative Counsel. Within three days after receipt of such copies, if possible, the Legislative Counsel shall furnish the presiding officers of each House with a copy of such notice, and the presiding officers shall assign such notice to the appropriate standing committee in each House for review. In the event a presiding officer is unavailable for the purpose of making such assignment within such time limitations, the Legislative Counsel shall assign the notice to the appropriate standing committee. Each standing committee of the Senate and the House of Representatives is hereby granted all the rights provided for interesred persons and governmental subdivisions in paragraph (2) of subsection (a) of this section. Section 3 . Said Act is further amended by adding a new subsection to section 4 to be known as subsection (f), to read as follows: (f) In the event a standing committee to which a notice is assigned as provided in subsection (e) files an objection to a proposed rule prior to its adoption, and the agency adopts such proposed rule over such objection, such rule may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose

Page 1522

of overriding said rule at any time within the first 30 days of the next regular session of the General Assembly. In the event such resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted 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 to have such branch, within five days after the receipt of such resolution, to consider such resolution for the purpose of overriding such rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, such rule shall be void on the day after the adoption of such resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his veto, the rule shall remain in effect. In the event of his approval, the rule shall be void on the day after the date of his approval. Section 4. Said Act is further amended by adding a new subsection to section 4 to be known as subsection (g), to read as follows: (g) (1) The provisions of subsection (f) of this section shall not apply to the Department of Medical Assistance nor to the Environmental Protection Division of the Department of Natural Resources, but the provisions of paragraph (2) of this subsection shall apply to the Department of Medical Assistance and to the Environmental Protection Division of the Department of Natural Resources. (2) In the event the chairman of any standing committee to which a proposed rule relative to the Department of Medical Assistance or to the Environmental Protection Division of the Department of Natural Resources is assigned notifies the agency that the committee objects to the adoption of such rule or has questions concerning the purpose, nature or necessity of such rule, it shall be the duty of such agency to consult with the committee prior to the adoption of such rule. Section 5. An Act creating a Department of Community Affairs passed at the regular 1977 session of the General Assembly (House Bill 499) is hereby amended by striking the second

Page 1523

paragraph of section 4, which paragraph related to rules and regulations. An Act passed at the regular 1977 session of the General Assembly, known as the Water Well Standards Act, is hereby amended by striking the second paragraph of section 6(b), which paragraph related to rules and regulations. An Act passed at the regular 1977 session of the General Assembly which amended an Act providing for the development of water well standards and created the Water Well Standards Advisory Council, approved March 31, 1976 (Ga. L. 1976, p. 974), is hereby amended by striking the second paragraph of section 6(e), which paragraph related to rules and regulations. An Act passed at the regular 1977 session of the General Assembly which amended the Georgia Motor Vehicle Accident Reparations Act approved February 28, 1974 (Ga. L. 1974, p. 113) is hereby amended by striking from said Act as amended subsection 12 (f), which paragraph related to rules and regulations. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1977. CONVEYANCE OF LAND TO THOMAS COUNTY BOARD OF COMMISSIONERS AUTHORIZED. No. 23 (House Resolution No. 96-458). A Resolution. Authorizing the conveyance of certain real property located in Thomas County, Georgia, to the Board of Commissioners of Thomas County; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Thomas County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and

Page 1524

Whereas, the said real property was conveyed to the State of Georgia, for the use and benefit of the Department of Agriculture, on the eighth day of April, 1969, under the terms of a warranty deed executed by the Thomas County Board of Education for the consideration of $1.00 and other valuable considerations; and Whereas, the said conveyance to the State of Georgia was undertaken so as to permit the construction on such real property of a livestock barn, show arena and related facilities, such facilities to be operated by the Board of Commissioners of Roads and Revenues of Thomas County, and Whereas, such facilities were in fact constructed and have been operated for such purposes pursuant to the terms of an agreement entered into between the Department of Agriculture and the Board of Commissioners of Roads and Revenues of Thomas County and dated the tenth day of June, 1969; and Whereas, the said facilities are currently in need of repair, painting and enlargement although the Department of Agriculture does not presently intend or anticipate allocating monies for such purposes; and Whereas, the Board of Commissioners of Thomas County has agreed to undertake such repairs, painting and enlargements if the State of Georgia will reconvey the said real property to the association; and Whereas, said real property is all that tract or parcel of land situate, lying and being in original land lot number 84 in the 13th land district of Thomas County, Georgia, containing 2 acres, more or less, and more particularly described as follows: Beginning at a concrete marker which is located at the point where the original north line of land lot number 84 intersects the southwest margin of relocated U. S. Highway No. 19 and running thence north 88 degrees 00 minutes west along the original north line of said land lot number 84 400 feet to a concrete marker; thence south 25 degrees 37 minutes

Page 1525

east 118 feet to an iron pin and the starting point of the property herein conveyed. FROM THIS STARTING POINT runinng thence south 89 degrees 14 minutes west 286 feet to an iron pin; thence south 1 degree 11 minutes east 254 feet to an iron pin; thence north 88 degrees 49 minutes east 401 feet to an iron pin; thence north 25 degrees 37 minutes west 277 feet to the starting point. Said property is described according to the plat of survey prepared by W. H. Thames, Registered Surveyor, dated April 5, 1969.; and Whereas, the above described tract of land is no longer needed by the State of Georgia and is 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 tract of property subject to the following conditions: (1) that said tract of property shall be conveyed to the Board of Commissioners of Thomas County for the consideration of the benefit accruing to the State and $10.00, said property to revert back to the State should it cease to be used for agricultural, promotional or related activities; and (2) that the conveyance of said tract of property shall be approved by the State Properties Commission; and (3) that the sale and transfer of said tract of property shall be upon such other terms and conditions as shall be prescribed by the State Department of Agriculture. Be it further resolved that, for purposes of compliance with the provisions of Code section 91-403A (b) (4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the

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Department of Agriculture shall constitute an acceptable plat for filing with the Secretary of State. Approved March 30, 1977. CONSTITUTIONAL AMENDMENT ADVERTISING STUDY COMMITTEE. No. 24 (House Resolution No. 115-513). A Resolution. Creating the Constitutional Amendment Advertising Study Committee; and for other purposes. Whereas, Article XII, section I, Paragraph I of the Georgia Constitution of 1976 provides for the manner in which the Citizens of this State are to be made aware of proposed amendments to the Constitution; and Whereas, the said paragraph provides that proposed general amendments to the Constitution shall be published in full once each week for three consecutive weeks immediately preceding the date of the election at which the proposed amendment is to be submitted in one newspaper of general circulation in each Congressional District of the State; and Whereas, the said paragraph further provides that proposed amendments which are not general shall be published in the same manner as general amendments in one newspaper of general circulation in each county in which the directly affected political subdivision or subdivisions are located; and Whereas, it is vitally important for the Citizens of this State to be well informed as to the nature of proposed amendments to our State's basic legal document; and Whereas, it is also particularly important to provide for the responsible and efficient expenditure of public funds in providing such notice and information; and

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Whereas, several proposals have recently been made for revision of the Constitution to provide for a wider distribution and readership of such notices and information by increasing the numbers of newspapers in which the notices are advertised while actually printing only a summary of the amendment, with full copies of the amendment available in the office of the Clerk of the Superior Court in each county; and Whereas, it is only fitting and proper that a study committee of the General Assembly be formed to review the entire range of problems, and their solutions, with respect to advertisement of proposed Constitutional amendments. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Constitutional Amendment Advertising 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 Speaker of the House shall appoint a chairman from the membership of the committee and the President of the Senate shall appoint a vice-chairman from the membership of the committee. The committee shall study the entire range of problems, and their solutions, with respect to advertisement of proposed Constitutional amendments. 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 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 conveying of the 1978 regular session of the General Assembly, at which time the committee shall stand abolished. Approved March 30, 1977.

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SELECT COMMITTEE ON CONSTITUTIONAL REVISION CREATED. No. 26 (House Resolution No. 135-588). A Resolution. Creating the Select Committee on Constitutional Revision; and for other purposes. Whereas, at the November, 1976, general election, the people of Georgia ratified a new Constitution which became effective on January 1, 1977, and which primarily consists of an editorial revision of the 1945 Constitution and its amendments; and Whereas, the new Constitution was presented to the people on the premise that once the editorial revision was accomplished, substantive revision would be immediately forthcoming; and Whereas, the Governor, after consultation with leaders in the other branches of government, declared in his State of the State address that substantive revision on an Article-by- Article basis would be started immediately with a goal of completing revision of all Articles within the next six years. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Select Committee on Constitutional Revision. The Committee shall be composed of eleven members as follows: The Governor; The Lieutenant Governor; The Speaker of the House of Representatives; The Chief Justice of the Supreme Court; The Chief Judge of the Court of Appeals;

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The Attorney General; The Chairman of the Judiciary Committee of the Senate; The Chairman of the Judiciary Committee of the House of Representatives; A trial judge appointed by the Judicial Council; The President Pro Tempore of the Senate; and The Speaker Pro Tempore of the House of Representatives. The Select Committee on Constitutional Revision, hereinafter called the Committee, shall act as the overall policy committee in directing and coordinating a continuing study and revision of the Constitution. The Committee shall provide direction and guidance for such study and revision but shall appoint individual study committees for the revision of the various Articles of the Constitution. The Committee shall decide which Articles of the Constitution shall be studied and revised and the general election at which such Articles shall be submitted. The Committee shall appoint study committees composed of public officials and citizens who have expertise or a particular interest in the subject matter of the individual Articles to be studied and revised. The Committee shall periodically review the progress of the study committees and establish a time for the completion of the revision of each Article. The Committee shall meet within 45 days after this Resolution becomes law for the purpose of organizing, electing a chairman and such other officers as it deems advisable, fixing a quorum, adopting procedures for its operation, and attending to such other matters as it deems advisable. The date, time and place of such first meeting shall be set by the Governor. The Committee is authorized to obtain suitable quarters for the use of the Committee, the study committees and the staff. The Committee is authorized to employ legal, professional, clerical, and other personnel and fix the compensation therefor as shall be deemed necessary to provide sufficient

Page 1530

staff support for it and the study committees. The Committee is authorized to provide for the recording and publication of all or part of its proceedings and of all or part of the proceedings of the study committees. The Committee may authorize the study committees to hold hearings at such times and places and in such manner as shall be deemed advisable. The Committee is authorized to procure materials, supplies, books, furnishings and equipment for carrying out the purposes of this Resolution. Members of the General Assembly on the Committee shall receive the allowances authorized by law for members of interim legislative committees. The other members of the Committee shall receive no compensation or allowances for their services but shall be reimbursed for their expenses incurred in carrying out their duties, and such reimbursement shall come from the same funds from which they are otherwise compensated. The members of the study committees shall receive the allowances authorized for legislative members of interim legislative committees. The provisions of any other law to the contrary notwithstanding, such allowances shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. Except as provided above relative to certain members of the Committee, all expenditures authorized herein and all funds which are necessary to effectuate the purposes of this Resolution shall come from the funds provided for the Legislative Branch of Government. After a study committee has completed the revision of an Article, it shall submit the revised Article to the Committee. A copy of such revised Article shall be furnished to each member of the General Assembly and to such other persons as the Committee shall determine. This Resolution shall stand repealed at the end of June 30, 1982, and the Committee and all study committees shall stand abolished at that time. Approved March 30, 1977.

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CONVEYANCE OF REAL PROPERTY INTEREST TO UNITED DAUGHTERS OF THE CONFEDERACY AUTHORIZED. No. 27 (House Resolution No. 157-654). 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 Georgia Division, United Daughters of the Confederacy; to repeal a specific Resolution; 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: 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 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, 1952,

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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 Georgia Division, 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 (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;

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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 Georgia Division, 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 Georgia Division, United Daughters of the Confederacy, shall stipulate that in the event that the Georgia Division, 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; (2) that the said instrument conveying said possibility of reverter to the Georgia Division, United Daughters of the Confederacy, shall contain covenants binding upon the Georgia Division, United Daughters of the Confederacy, its successors and assigns, and obligating the Georgia Division, 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 Georgia Division, 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. Be it further resolved by the General Assembly of Georgia that the Resolution authorizing the conveyance of a possibility

Page 1534

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, approved April 7, 1976 (Ga. L. 1976, p. 1665), is hereby repealed in its entirety. Approved March 30, 1977. CONVEYANCE OF LAND TO BIBB COUNTY AUTHORIZED. No. 28 (House Resolution No. 191-727). A Resolution. Authorizing the conveyance of certain State-owned real property located within Bibb County to Bibb County, and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Bibb County, Georgia; and Whereas, said real property, now administered by the State Department of Natural Resources, comprises approximately 2.40 acres, more or less, and lying and being in land lot 244, Third District, Bibb County, Georgia, and being that certain tract or parcel of land conveyed to the State of Georgia by Bibb County for the sum of $1.00 and other considerations by indenture dated August 20, 1968, recorded in Deed Book 1051, page 341, and being more particularly described therein as follows: Begin at a point on the west right of way line of Stapleton Road 15 feet north of the north line of the 30 foot Southeastern Pipe Line Easement and run north 13 - 42[UNK] west along the west right of way line of Stapleton Road 649.10 feet to an iron pin; thence angle left and run north 73 - 28[UNK] west 14.00 feet to an iron pin, thence angle left and run south 82 - 11[UNK] west 46.80 feet to an iron pin; thence angle left and run south 37 - 49[UNK] west 40.00 feet to an iron pin; thence angle left and run south 20 - 49[UNK] east 84.10 feet to an iron pin; thence angle

Page 1535

right and run south 10 - 11[UNK] west 100.00 feet to an iron pin; thence angle right and run south 19 - 11[UNK] west 100.00 (feet) to an iron pin; thence angle left and run south 2 - 41[UNK] west 100.00 feet to an iron pin; thence angle left and run south 5 - 19[UNK] east 100.00 feet to an iron pin; thence angle left and run south 17 - 49[UNK] east 75.00 feet to an iron pin; thence angle left and run south 37 - 19[UNK] east 85.00 feet to an iron pin; thence angle left and run north 85 - 46[UNK] east 179.50 feet to an iron pin and point of beginning. Above described tract of land containing 2.40 Acres and being bounded on the east by Stapleton Road, on the north, south and west by the lands of Bibb County. Above tract of land being a portion of the lands purchased by Bibb County from Pineworth, Inc., for Tobesofkee Creek Watershed Reservoir, on June 9, 1964, and deed being recorded in Book 930, folio 215, Clerk's Office, Bibb Superior Court. The County reserves a 30 foot perpetual access easement across the above described property from Stapleton Road to Tobesofkee Creek Watershed Reservoir Dam, all as shown on attached plat and made a part hereof (parenthetical material added); Approved March 30, 1977. Compiler's Note: The plat referred to in the foregoing description was not attached . and Whereas, all of the above described real property is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and. Whereas, Bibb County is desirous of obtaining all of said real property to consolidate their holdings and provide access to Lake Tobesofkee for 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 authorized to convey in fee, by

Page 1536

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 Bibb County for a consideration of $1.00; (2) that the conveyance of said real property shall be approved by the State Properties Commission. ENERGY EXTENSION SERVICE PROGRAM AUTHORIZED. No. 29 (House Resolution No. 208-823). A Resolution. Directing the Georgia Office of Energy Resources to establish an Energy Extension Service Program for the purposes of providing information and technical assistance to the State's residential, commercial, industrial and institutional establishments relating to energy conservation measures, energy efficient technologies, and available alternate energy technologies. Be it resolved by the General Assembly of Georgia: Section 1. The Georgia Office of Energy Resources shall: (1) Develop and administer an Energy Extension Service Program; and (2) Utilize to the maximum extent possible existing organizations and their networks at the State and Substate levels for program implementation. Section 2. The Energy Extension Service Program shall provide, but not be limited to, the following:

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(1) Technical assistance to industrial, commercial and institutional establishments for the purpose of facilitating the use of energy conservation techniques, energy efficient technologies, and available alternate energy technologies; (2) An advisory service to residential, commercial, industrial, and institutional energy consumers on energy conservation measures, energy efficient technologies, and available alternate energy systems; (3) Public education and training workshops on energy conservation and available alternate energy systems; and (4) A feedback mechanism to maintain awareness of energy research and development needs at the local level. Approved March 30, 1977. CONVEYANCE OF LAND TO WHITFIELD COUNTY AUTHORIZED. No. 31 (House Resolution No. 257-958). A Resolution. Authorizing the conveyance of certain State-owned real property located in Whitfield County, Georgia, to Whitfield County and the acceptance of certain property owned by Whitfield County in consideration therefor; and for other purposes. Whereas, the State of Georgia is the owner of certain real property within Whitfield County, Georgia, having purchased the property for the sum of $1.00 in 1954; and Whereas, the said real property, now administered by the Georgia Forestry Commission, comprises approximately 1.9 acres, more or less, and is more particularly described as follows: Lots Nos. 28, 29, 30 and a part of Lot No. 31 of the Loner Field Subdivision, according to plat of the same which is

Page 1538

recorded in the office of the Clerk of Superior Court of Whitfield County, Georgia, in Plat Book 3, page 97, and being in Land Lot No. 183 in the 12th District and 3rd Section of Whitfield County, Georgia. The part of Lot No. 31, herein conveyed being as follows: Beginning at the southwest corner of said Lot No. 31, according to the plat aforesaid, and running thence north 37 degrees 30 minutes west 54 feet; thence south 86 degrees 30 minutes east 32 feet; thence south 42 feet to the point of beginning.; and Whereas, the above described real property is no longer needed by the Georgia Forestry Commission or the State of Georgia and is therefore surplus; and Whereas, Whitfield County is desirous of obtaining all of said real property and will exchange other property in Whitfield County which is more accessible and suitable to the Georgia Forestry Commission's needs; and Whereas, the property which Whitfield County intends to exchange for the State-owned property comprises approximately 1 acre, more or less, and is more particularly described in a plat on file with the State Properties Commission; and Whereas, the exchange of said real property by and be tween the State of Georgia and Whitfield County would mutually benefit both parties. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf and in the name of the State of Georgia, is hereby authorized and empowered to convey by appropriate instrument a fee interest in the hereinabove described State-owned property and improvements to Whitfield County and to accept in consideration therefor from Whitfield County a conveyance in fee of the hereinabove described county-owned property, subject to the following conditions:

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(1) that plats of survey of the tracts or parcels involved in the exchange be prepared and submitted to the State Properties Commission prior to the consummation of the exchange; and (2) that the said plats of survey, and such other documents as may be required, and any and all other terms, conditions and agreements relating to such exchange of properties negotiated by and between the Georgia Forestry Commission and Whitfield County are satisfactory to and approved by the State Properties Commission. Be it further resolved that, for purposes of compliance with the provisions of Code section 91-403A (b) (4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Georgia Forestry Commission shall constitute an acceptable plat for filing with the Secretary of State. Approved March 30, 1977. CONVEYANCE OF EMANUEL COUNTY PROPERTY TO CITY OF SWAINSBORO AUTHORIZED. No. 32 (House Resolution No. 267-978). A Resolution. Authorizing the conveyance of certain State-owned real property located in Emanuel County, Georgia, to the City of Swainsboro, Georgia; and for other purposes. Whereas, the State Department of Natural Resources has administered certain tracts or parcels of land owned by the State of Georgia located in Emanuel County, Georgia, which tracts or parcels of land collectively comprise that property known as Yam Grande State Park; and

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Whereas, by Resolution Act No. 150 (House Resolution No. 669-1774) approved by the Governor of the State of Georgia on April 7, 1976, the 1976 Regular Session of the General Assembly of the State of Georgia authorized the State Properties Commission to convey a portion of that State-owned real property known as Yam Grande State Park located in Emanuel County, Georgia, to the City of Swainsboro, Georgia; and Whereas, the State of Georgia presently owns a certain other tract or parcel of land located in Emanuel County, Georgia, comprising a portion of that property known as Yam Grande State Park, which tract or parcel of land is more particularly described as follows: All that tract or parcel of land lying in or near the City of Swainsboro, 53rd G. M. District, Emanuel County, Georgia, containing 5 acres more or less and being the same tract or parcel of land described in that certain deed of conveyance dated August 13, 1968, from the City Council of the City of Swainsboro to the State of Georgia; and Whereas, said tract or parcel of State-owned real property is no longer needed by the State Department of Natural Resources or the State of Georgia and is, therefore, surplus; and Whereas, the City of Swainsboro, Georgia, desires to acquire all of that property known as Yam Grande State Park, including that tract or parcel of State-owned real property hereinabove described, 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 simple, by appropriate instrument, the hereinabove described State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to the City of Swainsboro, Georgia, for a consideration mutually to be

Page 1541

agreed upon by the State Department of Natural Resources and the City of Swainsboro, Georgia; 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 said real property shall be approved by the State Properties Commission. Approved March 30, 1977. EASEMENT TO THE CHATHAM SERVICE CORPORATION AUTHORIZED. No. 33 (House Resolution No. 276-1053). A Resolution. Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Chatham Service Corporation, 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, Chatham Service Corporation, a Georgia corporation, acting through its division East Coast Terminal Company, is long-term tenant of Seaboard Coastline Railroad Company of a tract of land on the Savannah River in Chatham County, Georgia, on which it has commenced construction and will maintain a receiving, storing and loading-unloading facility, and in connection with which it intends to

Page 1542

receive, store and dispatch water-borne cargoes, thereby requiring berthing, docking, storage and loading-unloading facilities and improvements, 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 leased by Chatham Service Corporation on certain property owned or claimed by the State of Georgia, in Chatham County, Georgia; and Whereas, Chatham Service Corporation through its division East Coast Terminal Company holds U. S. Army Corps of Engineers Permits No. SASKS 074 OYN 2866 and 2868 to perform such construction and maintain such facilities and has heretofore acquired revocable permits from the State of Georgia for the same but desires, prior to continuing construction, to have an irrevocable easement, 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 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 grant to Chatham Service Corporation, 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

Page 1543

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 its 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, on the South bank of the Savannah River lying between the high water line or mark of the Savannah River on the South; the Harbor or Pier Line of the Savannah River (as designated by the U. S. Army Corps of Engineers) on the North; the North-South projection of Harbor Line Marker P-117 on the East; and the North-South projection of Harbor Line Marker P-107 on the West. ALL as will more fully appear by reference to that certain plat of said property dated January 26, 1976, entitled Proposed Bulk Handling Facility, East Coast Terminal, a copy of which is in the files of the Commissioner of the Georgia 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 property between said highwater line or mark (adjacent to the said lands leased by Chatham Service Corporation, its successors and assigns), wherever its exact location, and the Harbor or Pier Line of the South bank of the Savannah River, as now established and designated by the U. S. Army Corps of Engineers.

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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. Be it further resolved that said easement is made only for the purposes aforesaid and shall continue only so long as Chatham Service Corporation, 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 March 30, 1977. STATE AUTHORITIES STUDY COMMITTEE CREATED. No. 34 (House Resolution No. 306-1108). A Resolution. Creating the State Authorities Study Committee; and for other purposes. Whereas, at the present time, there are numerous Authorities which exercise jurisdiction over specific projects; and Whereas, while such Authorities are composed largely of State officials, still such Authorities are virtually autonomous as to their powers with very little State supervision and direction being exercised over similar State agencies; and Whereas, there is a need for an overall review of the responsibilities and functions of the various State Authorities with a view toward reassignment of responsibilities for the various projects over which these numerous Authorities exercise supervision.

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Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the State Authorities Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof; five members of the Senate to be appointed by the President thereof; and five members to be appointed by the Governor. The Committee shall make a thorough and exhaustive study of the various State Authorities, the projects over which they exercise responsibility, and make recommendations concerning the reassignment or consolidation of such functions and responsibilities to existing or new State agencies. The Committee shall be authorized to employ such staff as it shall deem necessary to accomplish the purposes of this Resolution and as shall be approved by the President of the Senate and the Speaker of the House of Representatives. The Committee shall make a report of its findings and recommendations to the 1978 session of the General Assembly, at which time it shall stand abolished. Approved March 30, 1977. APALACHICOLA RIVER DAM ENDORSED. No. 35 (Senate Resolution No. 20). A Resolution. Relative to the Apalachicola-Chattahoochee-Flint waterway; and for other purposes. Whereas, a 100 foot wide by a 9 foot deep shipping channel was authorized by Congress for the Apalachicola-Chattahoochee-Flint waterway by the Rivers and Harbors Act of 1945; and Whereas, said channel was proposed to extend from Bain-bridge and Columbus, Georgia, to the Gulf of Mexico; and Whereas, pursuant to said authorization, the U. S. Corps of Engineers has spent approximately $310 million on permanent navigational improvements on the waterway; and

Page 1546

Whereas, at the present time, a minimal amount of dredging is required to maintain the authorized channel depth and width from Columbus and Bainbridge, Georgia, to the Florida line; and Whereas, despite extensive dredging from the Florida line to the intercoastal waterway, the Corps of Engineers has been able to maintain the authorized channel depth only 67% of the time over the past 10 years; and Whereas, the State of Georgia, relying upon the utilization of the deep channel, has invested more than $5 million in port facilities in the Columbus and Bainbridge areas; and Whereas, a number of industries have evidenced a keen interest in locating future plant sites on the waterway if the full potential of the shipping channel may be realized; and Whereas, some of these interested industries have abandoned plans to locate upon the waterway due to the adverse shipping conditions which presently exist in the Apalachicola River; and Whereas, the Corps of Engineers, after giving due consideration to ecological interests, recommends the construction of a dam upon the Apalachicola River which would maintain the required shipping channel depth; and Whereas, opposition has been voiced to the construction of said dam because of potential adverse effects upon the seafood industry in Apalachicola Bay; and Whereas, expert analysis and study of the proposed dam reveals that no measurable adverse effects will be felt upon Apalachicola Bay; and Whereas, experts have conservatively estimated that fulltime maintenance of the authorized channel deaths would add approximately $7 million to the annual income of farmers in the Alabama-Georgia-Florida area, and

Page 1547

Whereas, it is the belief of this body that the erection of the proposed dam on the Apalachicola River would immeasurably enhance the economic and industrial growth of southwest Georgia, southeast Alabama and northern Florida. Now, therefore, be it resolved by the General Assembly of Georgia that this body does hereby urgently request that the U. S. Corps of Engineers proceed to implement their plans to erect on the Apalachicola River the much needed dam which will greatly improve the commercial utilization of the Apalachicola-Chattachoochee-Flint rivers. 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 Southeastern District Office of the U. S. Corps of Engineers and to each and every member of the Georgia Congressional Delegation. Approved March 30, 1977. CONVEYANCE OF BLYTHE ISLAND TO GLYNN COUNTY AUTHORIZED. No. 48 (House Resolution No. 194-774). A Resolution. Authorizing the conveyance of certain State-owned real property known as Blythe Island consisting of 976 acres, more or less, and located in Glynn County, Georgia, to the County of Glynn, Georgia for recreation and related purposes or in the event that the United States of America acting and by through the Secretary of Interior acting through the Southeast Regional Director, Bureau of Outdoor Recreation does not approve of such conveyance from the State of Georgia to Glynn County or in the event the terms of the conveyance are unacceptable to the officials of Glynn County, the reconveyance of said real property to the United States of America; and for other purposes;

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Whereas, the United States of America, acting by and through the Secretary of the Interior, acting by and through the Southeast Regional Director, Bureau of Outdoor Recreation, under and pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and particularly as amended by Public Law 585, 91st Congress, and regulations and orders promulgated thereunder, for and in consideration of the perpetual use of the hereinafter described premises as and for public park and public recreation area purposes, by the State of Georgia, did release and quitclaim to the State of Georgia and to its successors and assigns a certain tract of land in Glynn County, Georgia, more particularly described in the quitclaim deed, subject to certain reservations, exceptions, restrictions, conditions and covenants as are also set forth in the quitclaim deed; and Whereas, the State of Georgia, did accept title to said real property subject to the terms set forth in said quitclaim deed; and Whereas, the Governor did assign responsibility for administration of said property for public park and public recreation area purposes to the Georgia Department of Natural Resources; and Whereas, said real property is no longer needed by the Georgia Department of Natural Resources or the State of Georgia and is, therefore, surplus; and Whereas, the Board of Natural Resources during its regular August 21, 1975, meeting did adopt a Resolution approving the disposal of certain parks upon the determination by the Commissioner of the Department of Natural Resources that they in fact were surplus; and Whereas, the County of Glynn, Georgia, acting by and through the Chairman of the Glynn County Board of Commissioners has indicated its need for and desire to acquire said

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property for public park and public recreation area purposes and has, in fact, filed an application with the Southeast Regional Office, Bureau of Outdoor Recreation, United States Department of the Interior, whereby approval might be granted to the State of Georgia to convey its interests in and to said property to Glynn County subject to the same reservations, exceptions, restrictions, conditions and convenants as are set forth in said quitclaim deed from the United States of America to the State of Georgia; and Whereas, such action would be in keeping with State and local goals and objectives of meeting both short-range and long-range needs for recreation opportunity by management at the local level, whenever possible. 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 by quitclaim deed, or other appropriate instruments, the real property, hereinafter described, to the County of Glynn, Georgia, subject to the same reservations, exceptions, restrictions, conditions and covenants as are set forth in the quitclaim deed. Such property consisting of approximately 976.193 acres located in Glynn County, Georgia; and more particularly described as follows: All that tract or parcel of land lying and being situate within the lands of the United States of America, Blythe Island Military Reservation, hereinafter referred to as the Reservation, Blythe Island, Glynn County, Georgia, bound now or formerly by the following: on the north by the boundary line of the Reservation; on the east by the boundary line of the Reservation, the west bank of the Turtle River, and land of the Department of Commerce, other land of the Reservation, and the boundary line of the Reservation, the north bank of the South Brunswick River; and on the west by the boundary line of the Reservation, the east bank of the South Brunswick River; and being more particularly described as follows:

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BEGINNING at a corner common to the Reservation and land of the Department of Commerce, said corner being the most southwesterly corner of the land of the Department of Commerce; thence from the point of beginning through the Reservation, S 27 degrees 30 minutes W, 2,550 feet to a point; thence S 70 degrees 45 minutes W, 2,180 feet to a point on the north bank of the South Brunswick River, the boundary line of the Reservation; thence along the boundary line of the Reservation with the north and east bank of the South Brunswick River as it meanders generally a westerly and northerly direction 13,500 feet to a point; thence leaving the east bank of the South Brunswick River and continuing along the boundary line of the Reservation S 87 degrees 00 minutes E, 8,100 feet to a point on the west bank of the Turtle River; thence continuing along the boundary line of the Reservation with the west bank of the Turtle River in a southerly direction 1,900 feet to the northeasterly corner of the land of the Department of Commerce; thence continuing along the boundary line of the Reservation with the land of the Department of Commerce the following courses and distances: due west 900 feet to the northwesterly corner of the land of the Department of Commerce; thence due south 900 feet to the point of beginning and containing 1,036.78 acres, more or less. After excluding Blythe Island Gap Filler Annex containing 0.22 acres transferred to the Department of the Air Force, 12 January, 1956 more particularly described as follows: All that tract or parcel of land lying and being in Glynn County, Georgia, being a part of Blythe Island Military Reservation and being more particularly described as follows: For a point of beginning commence at USGS Monument No. 4G-27 said monument having a coordinate value of X-690,220.46 and Y-423,690.63 and being located approximately 0.95 miles northeast along U. S. Highway No. 17 from South Brunswick River, 20 feet northwest from the point of intersection of the curve of said highway and 72 feet northwest

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of the northwest edge of pavement; thence S 56 degrees 37 minutes 34 seconds W, 504 feet; thence S 41 degrees 48 minutes 34 seconds W, 821 feet; thence said point of beginning, S 41 degrees 48 minutes 34 seconds W, 100 feet; thence N 48 degrees 11 minutes 26 seconds W, 95 feet; thence N 41 degrees 48 minutes 34 seconds E, 100 feet; thence S 48 degrees 11 minutes 26 seconds E, 95 feet to the point of beginning and containing 0.22 acre, more or less. Also, less and except the following 60.807 acres for the Department of Transportation, Federal Highway Administrator, for use as a right-of-way for Interstate Project I-95-1(11)00. BLYTHE ISLAND GAP FILLER ANNEX All that tract or parcel of land lying and being situate on Blythe Island, Glynn County, Georgia, bound now or formerly on all sides by land of the United States of America, Department of the Army, being more particularly described as follows: BEGINNING at a point located by the following traverse from USGS Monument No. 4G-27 having a coordinate value of X-690,220.46 feet and Y-423,690.63 feet, S 56 degrees 37 minutes 34 seconds W, 504.00 feet; thence S 41 degrees 48 minutes 34 seconds W, 821.00 feet, thence N 48 degrees 11 minutes 26 seconds W, 200.00 feet to the point of beginning of the herein described tract; thence from the point of beginning with the land of the Department of the Army the following bearings and distances: S 41 degrees 48 minutes 34 seconds W, 100.00 feet, N 48 degrees 11 minutes 26 seconds W, 95.00 feet, N 41 degrees 48 minutes 34 seconds E, 100.00 feet, S 48 degrees 11 minutes 26 seconds E, 95.00 feet to the point of beginning and containing 0.22 acre, more or less. TOGETHER with improvements thereon.

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SUBJECT, to any and all other existing rights-of-way, easements and covenants, restrictions, reservations, conditions, and agreements affecting the above described premises, whether or not the same now appear of record. RESERVING to the Grantor, and its assigns, all oil, gas, and other materials in, under, and upon the lands herein conveyed, together with the right to enter upon the land for the purpose of mining and removing the same. PROVIDED, HOWEVER, in the event that the United States of America acting by and through the Secretary of Interior acting through the Southeast Regional Director, Bureau of Outdoor Recreation does not approve of such conveyance from the State of Georgia to Glynn County or that if the County of Glynn is unwilling to accept title to the above-described real property for public park and public recreation purposes subject to the above-described reservation, exceptions, restrictions, conditions and covenants, the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, and in cooperation with the Department of Natural Resources, is hereby authorized to reconvey its interests in and to said property by quitclaim deed or other appropriate instrument to the United States of America. Be it further resolved that the conveyance authorized pursuant to this Resolution is hereby exempted from meeting the requirements of Code section 91-403A (b) (4) which requires a plat to be furnished to the Secretary of State's office when said property is conveyed. Approved April 5, 1977.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1977 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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MAJORITY VOTE REQUIRED TO MERGE SCHOOL SYSTEMSLIMITED TO CERTAIN COUNTIES (600,000 OR MORE). Proposed Amendment to the Constitution. No. 21 (House Resolution No. 137-609). A Resolution. Proposing an amendment to the Constitution so as to provide that the requirement that 51% of the registered voters in each county school district or independent school system concerned in a proposed merger thereof shall apply only in counties having a population of more than 600,000 according to the United States Decennial Census of 1970; 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 after the word provided and before the figure and symbol 51% the following: that in those counties having a population of more than 600,000 according to the United States Decennial Census of 1970,, so that when so amended, Paragraph I shall read as follows: 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

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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 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 that in those counties having a population of more than 600,000 according to the United States Decennial Census of 1970, 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 of education. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of the State of Georgia of 1976. 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 requirement that 51% of the registered voters in each county school district or independent school system concerned in a proposed merger thereof shall apply only in counties having a population of more than 600,000 according to the United States Decennial Census of 1970? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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GENERAL ASSEMBLYFOUR YEAR TERMS PROVIDED. Proposed Amendment to the Constitution. No. 50 (Senate Resolution No. 13). A Resolution. Proposing an amendment to the Constitution so as to provide for four-year terms for members of the General Assembly; 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 V of the Constitution is hereby amended by striking Paragraphs I and II in their entirety and inserting in lieu thereof new Paragraphs I and II, to read as follows: Paragraph I. Terms of Members. The members of the General Assembly elected at the 1978 general election and thereafter shall be elected for terms of office of four years, and shall serve until the time fixed by law for the convening of the General Assembly in the year following the fourth year of such members' terms 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 quadrennially, on that day, until the day of election is changed by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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[] YES [] NO Shall the Constitution be amended so as to provide for four-year terms for members of the General Assembly effective with those members elected at the general election in 1978 and thereafter? 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. PUBLIC OFFICIALSRECALL PROVISIONS. Proposed Amendment to the Constitution. No. 51 (Senate Resolution No. 14). A Resolution. Proposing an amendment to the Constitution, so as to provide for the recall of State, county, and municipal public officials who hold elective office; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article II of the Constitution is hereby amended by adding at the end thereof a new section to be designated section IV to read as follows: SECTION IV. RECALL Paragraph I. Recall of Public Officials Holding Elective Office. All State, county, and municipal public officials who

Page 1558

hold an elective office are subject to recall by the voters of the State, county, or municipal corporation from which elected. Procedures and grounds for recall shall be prescribed by law by the General Assembly. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 recall of State, county, and municipal public officials who hold elective office? 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 DEBT AUTHORIZED FOR CERTAIN SCHOOL SYSTEMS. Proposed Amendment to the Constitution. No. 52 (Senate Resolution No. 32). A Resolution. Proposing an amendment to the Constitution so as to add public and independent school districts and systems of the several counties and municipalities of the State as determined by the State Board of Education to need State aid for capital outlay

Page 1559

funds as an eligible purpose for which general obligation debt of the State may be incurred; 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. Subparagraph (c) of Paragraph I, of section III, of Article VII of the Constitution is hereby amended by striking therefrom the following paragraph: (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 of the State if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transportation facilities or systems or water or sewage treatment facilities or systems or to make or purchase, or lend or deposit against the security of, loans to citizens of the State for educational purposes. 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

Page 1560

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 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., and substituting in lieu thereof the following paragraph: (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, and those local units of school administration of the State as determined by the State Board of Education to need State aid for capital outlay funds. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transportation facilities or systems or water

Page 1561

or sewage treatment facilities or systems or to make or purchase, or lend or deposit against the security of, loans to citizens of the State for educational purposes. 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 purposes 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 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. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article

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XII, section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to permit the issuance of general obligation debt of the State for the purpose of constructing, acquiring, improving, extending and enlarging buildings and facilities for public and independent school systems? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. PENSIONSFULTON COUNTY BOARD OF EDUCATION EMPLOYEES' BENEFITS INCREASED. Proposed Amendment to the Constitution. No. 53 (Senate Resolution No. 42). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of retirement or pension benefits of individuals who retired pursuant to an Act providing a system of pension and retirement pay for teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, and the beneficiaries of such individuals; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article X, section I, Paragraph V of the Constitution of the State of Georgia is hereby amended, by adding at the end thereof, a new subparagraph which shall be known as subparagraph D, which shall read as follows. D. Any other provision 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 individuals who have retired in accordance with an Act providing a system of pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore or hereafter amended, and an increase in the retirement or pension benefits of beneficiaries of such individuals. Any legislation heretofore passed by the General Assembly of Georgia authorizing increase in retirement or pension benefits for such individuals, is hereby confirmed and ratified and shall become of full force and effect upon the ratification of this amendment. All increased retirement or pension benefits authorized by the General Assembly pursuant to this amendment, shall be payable from pension funds. Section 2. The above-proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976, as amended. The ballot submitting the above- proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the increase of retirement and pension benefits for individuals retired pursuant to an Act providing a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, and their beneficiaries, and ratifying any such increases heretofore authorized by the General Assembly?

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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. CURRICULUM LABORATORY ESTABLISHED. Proposed Amendment to the Constitution. No. 54 (Senate Resolution No. 65). A Resolution. Proposing an amendment to the Constitution so as to authorize the State Board of Education to establish and maintain a curriculum laboratory and to retain the revenues produced therefrom for the purposes of such curriculum laboratory; 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 II, to read as follows: Paragraph II. Curriculum Laboratory Authorized. The State Board of Education is hereby authorized to establish and maintain a curriculum laboratory whereby student and teacher curriculum products may be produced on behalf of the public schools of this State. The State Board of Education shall be authorized to charge reasonable fees for such student and teacher curriculum products and to retain the revenues thus produced for the purposes of such curriculum laboratory. Nothing herein shall be construed to require public school systems of this State to purchase or utilize curriculum products of the State Board of Education. The provisions of this Paragraph shall be self-executing and the authority herein provided may be exercised by the State Board of

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Education without the necessity of legislative action by the General Assembly, but the General Assembly shall be authorized to provide by law for such procedures and requirements as it may deem necessary or desirable in connection with the exercise of the authority herein granted to the State Board of Education. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 State Board of Education to establish and maintain a curriculum laboratory, to charge reasonable fees, and to retain the revenues produced therefrom for the purposes of such curriculum laboratory? 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. DISPOSITION OF LAND USED FOR CITY OF BARNESVILLECOUNTY OF LAMAR DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 55 (Senate Resolution No. 77). A Resolution. Proposing an amendment to the Constitution, so as to provide that, if the City of Barnesville and County of Lamar Development Authority is dissolved for any reason, title to all property

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held by the Authority shall be conveyed to Lamar County and the City of Barnesville subject to certain conditions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. An amendment to Article VII, section V, Paragraph I of the Constitution of Georgia of 1945 which was proposed by Ga. Laws 1964, Ex. Sess., p. 224 and which was continued in effect pursuant to the provisions of the Constitution of Georgia of 1976, is hereby amended by striking from said Paragraph I the following: K. Should said 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, shall be conveyed to Lamar County and the City of Barnesville in the same proportion as their respective contributions to the Authority, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of said Authority. The Authority shall hold title only for the benefit of the public. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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, if the City of Barnesville and County of Lamar Development Authority is dissolved for any reason, title to all property held by the Authority shall be conveyed to Lamar County and the City of Barnesville in the same proportion as their respective contributions to the 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. SCHOOL TAXAUTHORITY TO TERMINATE IN CERTAIN COUNTIES GRANTED. Proposed Amendment to the Constitution. No. 56 (House Resolution No. 8-58). A Resolution. Proposing an amendment to the Constitution so as to provide the circumstances under which the authority and obligation of the governing authorities of counties which have wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax for educational purposes not to exceed 1 mills on all property located within the county, including property located within any independent school district, upon the request of the boards of education of such counties shall be terminated; 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 of the Constitution is hereby amended by adding thereto a new Paragraph IIIB to read as follows: Paragraph IIIB. If this Constitution shall be amended to create in Fulton County along the East side of the Chattahoochee River, a special district known as the Fulton County Industrial District, the authority and obligation of the governing authorities of counties which have wholly or partly

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within their boundaries a city of not less than 200,000 population to levy a tax for educational purposes not to exceed 1 mills on all property located within the county, including property located within any independent school district, upon the request of the boards of education of such counties shall be terminated and shall cease to exist effective at the time such an amendment shall become effective. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 the circumstances under which the authority and obligation of the governing authorities of counties which have wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax for educational purposes not to exceed 1 mills on all property located within the county, including property located within any independent school district, upon the request of the boards of education of such counties shall be terminated? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed smendment 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 COUNTY INDUSTRIAL DISTRICT CREATED. Proposed Amendment to the Constitution. No. 57 (House Resolution No. 10-58). A Resolution. Proposing an amendment to the Constitution to create within Fulton County the Fulton County Industrial District; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, section I of the Constitution is hereby amended by adding after Paragraph III a new Paragraph IIIA to read as follows: Paragraph IIIA. There is hereby created in Fulton County along the East Side of the Chattahoochee River in accordance with the description hereafter set forth, a special district known as the Fulton County Industrial District. Said District shall consist of the lands and property located within the following boundaries, to wit: BEGINNING in Land Lot 17 of the 14th District F.F., at the intersection of Sandy Creek Road and the northwesterly right-of-way of Fulton Industrial Boulevard; thence proceeding southwesterly along said right-of-way to the point of intersection with the corporate limit line of the City of Atlanta, Georgia, said corporate limit line being the eastern line of Land Lot 22, 14th District F.F., Fulton County, Georgia; thence southerly along said corporate limit line to the northeast corner of Land Lot 24 of said District; thence westerly along the northern line of Land Lot 24 to the northwest corner of said land lot; thence southwesterly to a point of the west line of Land Lot 51, 1000 feet, more or less north of the southwest corner of said land lot; thence southwesterly to a point at the northeast right-of-way intersection of Selig Drive and Mendel Drive; thence in a southeasterly direction to the west right-of-way of Bakers Ferry Road, at a distance of 1200 feet more or

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less northeast of Mendel Drive; thence continuing southwesterly along the west right-of-way of Bakers Ferry Road to the western line of Land Lot 58 and then proceeding southerly along the western line of said land lot to the northwestern corner of Land Lot 59; thence, proceeding southerly along the western line of Land Lot 59 to the southwestern corner of Land Lot 59; thence along the southern line of Land Lot 82 to the southwestern corner of said land lot; thence southerly along the western line of Land Lot 81 to the north right-of-way of Cascade Road; thence along the north right-of-way of Cascade Road in a westerly direction to the east right-of-way of Fulton Industrial Boulevard; thence in a southwesterly direction along the eastern right-of-way of Fulton Industrial Boulevard to the intersection of the south right-of-way of Old Riverside Drive; thence proceeding in a southeasterly direction along the southwesterly right-of-way of Riverside Drive 1274.93 feet to a point; thence, southerly to a point on the northern line of Land Lot 131; thence, westerly along the northern line of said land lot to the northwest corner of said land lot; thence, in a southerly direction along the western line of said land lot to the southeast corner of Land Lot 137; thence, westerly along the southern line of Land Lot 137 to the southwest corner of Land Lot 137; thence, southerly along the eastern line of Land Lot 149 to the southeast corner of said land lot; thence, proceeding westerly along the southern line of Land Lot 149 to the intersection of the northern right-of-way of Campbellton Road; thence, along the northern right-of-way of Campbellton Road in a westerly direction to a point of intersection between the Fulton County Line and the northern right-of-way of Campbellton Road, said County line also lying in the Chattahoochee River and being the western line of Land Lot 58, District 9C, in said County and State; thence north and east with the Fulton County line to the northwest corner of Charlie Brown County Airport at the intersection of Sandy Creek and the Chattahoochee River, said point being in Land Lot 20, 14th District F.F. of said County and State; thence, running along Sandy Creek south and east to a point of intersection with the southern line of Land Lot 20; thence, proceeding along the southern line of Land Lot 20 in an easterly direction to the southeast corner of Land Lot 18, said point being on the District Line between the 14th District F.F. and the 17th District; thence along said District Line northerly

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to the northwest corner of Land Lot 268; thence, along the north boundary of Land Lot 268 in an easterly direction to the intersection with the south right-of-way of Fulton Industrial Boulevard; thence, in a southeasterly direction 810.55 feet to a fence corner; thence, in a northeasterly direction 294.60 feet to an iron pin; thence, in a southeasterly direction 331.97 feet to an iron pin; thence, in a southwesterly direction 843.48 feet to a point; thence, in a southwesterly direction 1778.38 feet to a concrete monument on the west boundary line of Land Lot 268; said boundary line also being the District Line between the 14th District F.F. and the 17th District; thence, along said District Line in a southerly direction 309.58 feet to an iron pin; thence, in a southwesterly direction 473.74 feet to a fence corner on the southeast right-of-way of Fulton Industrial Boulevard; thence, in a southwesterly direction across Fulton Industrial Boulevard to the said point of BEGINNING. The area described hereinabove shall not hereafter be included within the limits of any municipal corporation as now exists or hereafter incorporated except by constitutional amendment. Property located within said area shall not be subject to any taxation except such as may be common to all of the territory of Fulton County outside the limits of any municipal corporation. The governing authorities of Fulton County shall have the power and authority to levy an assessment for taxes or a service charge to defray the cost of any function performed or service rendered to the area herein described which is not common to all of the unincorporated areas of said county. The properties within said area shall be subject to all taxes for school purposes. The governing authority of Fulton County shall, without limitation, except as contained herein, have control over the area herein described for the same purposes and to the same extent as it shall have control over all other unincorporated areas in Fulton County. It is not the purpose hereof to limit the control of the governing authorities of Fulton County over said area but to preserve to such authority hereafter the power and authority to develop and control said areas as an industrial area, it being declared the public policy that such area be developed to supply employment, increase production, and promote the welfare of Fulton County as a whole and of the citizens thereof under the direction of the governing authorities of the county. This

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Paragraph IIIA shall become effective only in the event that there shall be ratified an amendment to this Constitution so as to remove the obligation of the governing authorities of counties which have wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax for educational purposes not to exceed 1 mills on all property located within the county, including property located within any independent school district, upon the request of the boards of education of such counties. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 within Fulton County the Fulton County Industrial District? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF UNION CITYHOMESTEAD EXEMPTION FOR AGED, LOW-INCOME RESIDENTS. Proposed Amendment to the Constitution. No. 58 (House Resolution No. 51-242). A Resolution. Proposing an amendment to the Constitution so as to provide a homestead exemption from city ad valorem taxation to resident homeowners in the City of Union City who are 65 years

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of age or older with an annual income of six thousand dollars ($6,000.00) or less in an amount of four thousand dollars ($4,000.00); to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: A homestead of each resident who is 65 years of age or older, with an annual income of six thousand dollars ($6,000.00) or less in the City of Union City actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes, 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 XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 Union City in an amount of four thousand dollars ($4,000.00) for resident homeowners who are 65 years of age or older and have an annual income of six thousand dollars ($6,000.00) or less? 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 COUNTY HOMESTEAD EXEMPTIONINCOME REDEFINED. Proposed Amendment to the Constitution. No. 59 (House Resolution No. 57-260). 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 not include Federal old-age, survivors or disability insurance benefits and benefits under the Federal Railroad Retirement Act; 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: 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 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

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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 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

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penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1976., 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 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 not include any Federal old-age, survivors or disability insurance benefits or any benefits under the Federal Railroad Retirement Act. Except for said Federal old-age, survivors or disability insurance benefits and benefits under said Federal Railroad Retirement Act, adjusted gross income, as used herein, shall include benefits received under a 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

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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, 1978. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. 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 not include Federal old-age, survivors or

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disability insurance benefits and benefits under the Federal Railroad Retirement Act? 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. MOTOR VEHICLE AD VALOREM TAXATIONEXEMPTION PROVIDED FOR DISABLED VETERANS. Proposed Amendment to the Constitution. No. 60 (House Resolution No. 87-398). A Resolution. Proposing an amendment to the Constitution so as to provide that any disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State 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 VII, Section I, Paragraph IV of the Constitution is hereby amended by striking the sixth unnumbered paragraph, which reads as follows: 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

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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; (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., in its entirety and inserting in lieu thereof a new sixth un-numbered paragraph, to read as follows: Any disabled veteran who is a citizen and resident of Georgia is hereby granted an exemption from all ad valorem taxes for State, county, municipal and school purposes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia. The term `disabled veteran', as used herein, means any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Veterans Administration of the United States as being 100 percent totally and permanently disabled and entitled to receive service-connected benefits and any veteran 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. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to provide that any disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of 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.

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BROOKS COUNTYJURISDICTION OF JUSTICES OF THE PEACE INCREASED. Proposed Amendment to the Constitution. No. 61 (House Resolution No. 123-545). A Resolution. Proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Brooks 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 VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: Notwithstanding any other provisions of this Constitution to the contrary, justices of the peace in Brooks County shall have jurisdiction in all civil cases arising ex contractu and in all cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars ($500.00). Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. 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 civil jurisdiction of justices of the peace in Brooks County from $200.00 to $500.00? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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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. OCONEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY MEMBERSHIP CHANGED. Proposed Amendment to the Constitution. No. 62 (House Resolution No. 133-570). Proposing an amendment to the Constitution so as to change the membership of the Oconee County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. The Constitution, as amended, is hereby amended by striking from subparagraph B. of a paragraph added to Article V, Section IX of the Constitution of 1945 (Ga. L. 1962, p. 871, ratified November 6, 1962) and continued as a part of the Constitution of 1976, the following: President of the Athens Area Chamber of Commerce, and inserting in lieu thereof the following: President of the Oconee County Chamber of Commerce, so that when so amended, subparagraph B. shall read as follows: B. The Authority shall consist of five members. The President of the Oconee County Chamber of Commerce, the Mayor of Watkinsville and the Chairman of the Oconee County Board of Commissioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Oconee County shall appoint two

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members who shall serve for a term of five yesrs and who shall be eligible for reappointment. Vacancies shall be filled for the unexpired term by the said board of county commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. 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 President of the Oconee County Chamber of Commerce to be a member of the Oconee County Industrial Development Authority in lieu of having the President of the Athens Area Chamber of Commerce serve on such Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF SAVANNAH MAYOR AND ALDERMEN AUTHORIZED TO ISSUE CERTAIN BONDS. Proposed Amendment to the Constitution. No. 63 (House Resolution No. 138-609). A Resolution. Proposing an amendment to the Constitution so as to authorize the Mayor and Aldermen of the City of Savannah to issue

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bonds without a referendum election under certain conditions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII of the Constitution, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding any other provision of this Article, the Mayor and Aldermen of the City of Savannah may issue general obligation bonds for street and drainage improvements and all costs necessary therefor including acquiring rights-of-way without submitting the issuance thereof to the voters of said City at a referendum. The authority to issue bonds under the provisions of this paragraph shall be in addition to and shall not alter, impair, limit or otherwise affect the power of the Mayor and Aldermen to issue the bonds provided for in an amendment ratified on November 7, 1972 (Ga. L. 1972, p. 1521), but the bonds issued under this paragraph shall be in addition to the bonds authorized by such amendment. Bonds issued under this paragraph shall be subject to the following restrictions and limitations: 1. The issuance of such bonds shall be authorized at a public meeting held for such purpose after at least ten (10) days' notice thereof in the official organ of said City and in at least one (1) of the daily newspapers of said City. 2. Not more than ten (10%) percent of the total unused bond capacity of said City and in no event more than one million dollars ($1,000,000.00) in the aggregate in such bonds so issued without a referendum shall be issued in any fiscal year. 3. The aggregate of all outstanding bonds, including those issued by vote of the people in a referendum and those issued under the 1972 amendment and this amendment without a referendum, shall not exceed the limitations provided elsewhere in this paragraph. 4. Funds realized under provisions of this paragraph shall be expended only in accordance with existing paving policies

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of the Mayor and Aldermen of the City of Savannah in effect of January 1, 1979, to the end that property owners affected will continue to pay such present portion of paving costs unless the paving project is declared a public necessity. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976, 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 Mayor and Aldermen of the City of Savannah to issue an additional ten (10%) percent of its total unused bond capacity, but not more than one million ($1,000,000.00) dollars in general obligation bonds in any fiscal year without a referendum, but subject to a public hearing and the limitations imposed, for street and drainage improvements? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. COBB COUNTYJUSTICES OF THE PEACE JURISDICTION INCREASED. Proposed Amendment to the Constitution. No. 64 (House Resolution No. 164-686). A Resolution. Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the

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Peace of Cobb 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 Cobb County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu, tort to persons, and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed one thousand dollars, and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulations as may be prescribed by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia. 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 Cobb County shall have jurisdiction from two hundred dollars to one thousand dollars? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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CITY OF ATLANTA HOMESTEAD EXEMPTIONCOMPUTATION FOR LOW INCOME PERSONS CHANGED. Proposed Amendment to the Constitution. No. 65 (House Resolution No. 172-698). A Resolution. Proposing an amendment to the Constitution so as to provide that social security income and Federal railroad retirement income shall not be included as adjusted gross income for the purpose of qualifying for City of Atlanta homestead exemptions for elderly persons with low incomes; 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: There is hereby granted a homestead exemption, for each resident of the City of Atlanta, of $5,000.00 on his home which he owns and which he actually occupies as a residence and homestead, such exemption to be applicable to all ad valorem taxes levied by the City of Atlanta, except to pay interest on and retire bonded indebtedness, for all taxable years beginning after December 31, 1974, except that the homestead exemption in any such taxable year for each resident of the City of Atlanta who has attained the age of 65 years and whose adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse, does not exceed $8,000.00 for the immediately preceding taxable year shall be $10,000.00 on the home which he owns and which he and his spouse, if any, actually occupy as a residence and homestead, such adjusted gross income, as used herein, to include income from whatever source derived, including any federal old-age survivors or disability insurance benefits or

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benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse., and substituting in lieu thereof the following paragraph: There is hereby granted a homestead exemption, for each resident of the City of Atlanta, of $5,000.00 on his home which he owns and which he actually occupies as a residence and homestead, such exemption to be applicable to all ad valorem taxes levied by the City of Atlanta, except to pay interest on and retire bonded indebtedness, for all taxable years beginning after December 31, 1978, except that the homestead exemption in any such taxable year for each resident of the City of Atlanta who has attained the age of 65 years and whose adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse, does not exceed $8,000.00 for the immediately preceding taxable year shall be $10,000.00 on the home which he owns and which he and his spouse, if any, actually occupy as a residence and homestead. Such adjusted gross income, as used herein, shall not include any Federal old-age, survivors or disability insurance benefits or any benefits under the Federal Railroad Retirement Act. Except for said Federal old-age, survivors or disability insurance benefits and benefits under said Federal Railroad Retirement Act, adjusted gross income, as used herein, shall include benefits received under a retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 social security income and Federal railroad retirement income shall not be

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included as adjusted gross income for the purpose of qualifying for City of Atlanta homestead exemptions for elderly persons with low incomes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HOUSTON COUNTY BOARD OF EDUCATION AUTHORIZED TO APPOINT SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 66 (House Resolution No. 173-700). A Resolution. Proposing an amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Houston County by the Board of Education of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, section V, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:

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The County School Superintendent of Houston County serving at the time of the ratification of this paragraph shall continue to serve out the term of office to which he was elected. Thereafter the Board of Education of Houston County shall appoint the County School Superintendent of Houston County, who shall serve at the pleasure of the board. In the event of a vacancy in the office of county school superintendent prior to January 1, 1981, the Board of Education of Houston County shall appoint a successor to the superintendent. The board shall fix the compensation of the superintendent. The person appointed to the office of County School Superintendent of Houston County shall possess the qualifications prescribed for county school superintendents by the laws of this State. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. 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 County School Superintendent of Houston County shall be appointed by the Board of Education of Houston County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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HOUSTON COUNTYSEVEN MEMBER BOARD OF EDUCATION PROVIDED. Proposed Amendment to the Constitution. No. 67 (House Resolution No. 174-700). A Resolution. Proposing an amendment to the Constitution so as to provide for a seven-member Board of Education of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: Any other provision of this Constitution or law to the contrary notwithstanding, effective on January 1, 1981, the Board of Education of Houston County shall be composed of seven members, who shall be elected as provided in this paragraph. The members of the Board of Education of Houston County elected at the 1978 general election to Post 1, Post 3 and Post 5 are hereby designated as initial members of the seven-member board created by this paragraph and shall represent Post 6, Post 4 and Post 2, respectively, on the seven-member board for terms of office ending on January 1, 1983. The members of the Board of Education of Houston County who are in office on July 1, 1979, and who were elected to Post 2 and Post 4 on said five-member board shall continue in office until January 1, 1981, at which time the terms of such members of the five-member Board of Education of Houston County shall terminate. For the purpose of electing members of the seven-member board, the Houston County School District is hereby divided into three education districts to be composed of that territory embraced within the following:

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District 1 Houston ED's 1, 2, 3, 4, 5, 9A, 9B, 10A, 10B, 11, 12, 13, 14, 15, 16, 17 and 18. ED 19 that portion North of Watson Blvd. ED 21 that portion North of Watson Blvd. ED's 22, 23, 24A and 24B ED 25 that portion North of Watson Blvd. ED's 34 and 35 District 2 Houston ED 6 ED 7 that portion North of Ga. Hwy. 96 ED 8 that portion North of Ga. Hwy. 96 ED 19 that portion South of Watson Blvd. ED 20 ED 21 that portion South of Watson Blvd. ED 25 that portion South of Watson Blvd. ED's 26, 27, 28A, 28B, 29A, 29B, 29C, 30, 31, 32, 33, 36 and 37 District 3 Houston ED 7 that portion South of Ga. Hwy. 96 ED 8 that portion South of Ga. Hwy. 96 ED's 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 and 51. For the purposes of this paragraph, the designation `CCD' shall mean `Census County Division'; and the designation `ED' shall mean `Enumeration District'. The terms `Census County Division', `Enumeration District' and `Tract' shall have the same meaning and describe the same geographical

Page 1593

boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia. For the purpose of electing the members of the board of education, there shall be seven member posts on the board. The two members elected to Post 1 and Post 2 shall be residents of Education District 1 and shall be elected by the qualified voters residing within Education District 1. The two members elected to Post 3 and Post 4 shall be residents of Education District 2 and shall be elected by the qualified voters residing within Education District 2. The member elected to Post 5 shall be a resident of Education District 3 and shall be elected by the qualified voters residing within Education District 3. The two members elected to Post 6 and Post 7 shall be residents of the Houston County School District at large and shall be elected by the qualified voters of the entire Houston County School District. Candidates for election to the board shall designate the numbered post on the board for which they offer as a candidate. The initial members of the board to be elected from Posts 1, 3, 5 and 7 under the provisions of this paragraph shall be elected in the general election in November, 1980, and shall take office on January 1, 1981. The members elected to Post 1, Post 3, Post 5 and Post 7 shall serve for an initial term of office of four years each and until their respective successors are duly elected and qualified. The members initially elected to Post 2, Post 4 and Post 6 shall be elected in the general election in November, 1982, and shall take office on January 1, 1983, and shall serve for an initial term of office of four years each and until their respective successors are duly elected and qualified. Following the initial terms of office provided herein, all members shall be elected in the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January following their election for a term of office of four years each and until their respective successors are duly elected and qualified. Vacancies which occur on the board shall be filled by the remaining members of the board electing 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 XII, Section I, Paragraph I of the Constitution of Georgia of 1976.

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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 a seven-member Board of Education of Houston County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become part of the Constitution of this State. CITY OF WHITESBURGHOMESTEAD EXEMPTION. Proposed Amendment to the Constitution. No. 68 (House Resolution No. 178-714). Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Whitesburg in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Whitesburg ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the City of Whitesburg is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the

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governing authority at not more than $2,000.00 on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing such additional information as will enable the 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 such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit thereafter for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper administration of this exemption. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Whitesburg in an amount to be fixed by the governing authority of the city at

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not more than $2,000.00 from all City of Whitesburg ad valorem taxes? 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 CARROLLTONHOMESTEAD EXEMPTION. Proposed Amendment to the Constitution. No. 69 (House Resolution No. 179-714). A Resolution. Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Carrollton ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the City of Carrollton is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $2,000.00 on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess

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of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing such additional information as will enable the 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 such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit thereafter for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper administration of this exemption. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Carrollton ad valorem taxes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to

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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 TEMPLEHOMESTEAD EXEMPTION. Proposed Amendment to the Constitution. No. 70 (House Resolution No. 180-714). A Resolution. Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Temple in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Temple ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the City of Temple is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $2,000.00 on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that such property is his homestead and residence

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and containing such additional information as will enable the 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 such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit thereafter for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper administration of this exemption. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Temple in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Temple ad valorem taxes? 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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VILLARICAHOMESTEAD EXEMPTION. Proposed Amendment to the Constitution. No. 71 (House Resolution No. 181-714). A Resolution. Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Villa Rica in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Villa Rica ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the City of Villa Rica is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $2,000.00 on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing such additional information as will enable the 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 such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit

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thereafter for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper administration of this exemption. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Villa Rica in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Villa Rica ad valorem taxes? 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 BOWDONHOMESTEAD EXEMPTION. Proposed Amendment to the Constitution. No. 72 (House Resolution No. 182-714). A Resolution. Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Bowdon in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Bowdon ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the City of Bowdon is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $2,000.00 on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing such additional information as will enable the 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 such purpose.

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After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit thereafter for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper administration of this exemption. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Bowdon in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Bowdon ad valorem taxes? 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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TOWN OF ROOPVILLEHOMESTEAD EXEMPTION. Proposed Amendment to the Constitution. No. 73 (House Resolution No. 184-714). A Resolution. Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the Town of Roopville in an amount to be fixed by the governing authority of the town at not more than $2,000.00 from all Town of Roopville ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the Town of Roopville is hereby authorized to grant an exemption from all town ad valorem taxes in an amount to be fixed by the governing authority at not more than $2,000.00 on a homestead owned and occupied by a resident of the town as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the town, or a person designated by the governing authority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing such additional information as will enable the 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 such purpose.

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After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit thereafter for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the town provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the town may provide by ordinance for the proper administration of this exemption. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to provide for a homestead exemption for residents of the Town of Roopville in an amount to be fixed by the governing authority of the town at not more than $2,000.00 from all Town of Roopville ad valorem taxes? 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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DeKALB COUNTY SCHOOL TAXONE MILL REDUCTION. Proposed Amendment to the Constitution. No. 74 (House Resolution No. 258-964). A Resolution. Proposing an amendment to the Constitution so as to provide that effective with tax years beginning after December 31, 1978, the county authorities of DeKalb County shall not levy the one mill tax for educational purposes which was authorized by an amendment to the Constitution of 1877, proposed by Ga. L. 1943, p. 20, and ratified August 10, 1943, within the territory embraced in operating independent school systems; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. An amendment now in force to Paragraph II of section VI of Article VII of the Constitution of 1877, proposed by Ga. L. 1943, p. 20, and ratified on August 10, 1943, directing the county authorities of DeKalb County to levy a countywide tax not exceeding one mill for educational purposes when requested to do so by the county board of education is hereby amended by adding at the end of the first sentence of said amendment the following: ; provided that such tax shall not be levied on the taxable property included within the territory embraced in any operating independent school systems within the county for any taxable year beginning after December 31, 1978, so that when so amended, said amendment shall read as follows: Upon the request of the Board of Education of DeKalb County, the County authorities thereof are hereby directed to levy in addition to all other taxes now levied by law, a tax not exceeding one mill for educational purposes, on all the taxable

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property throughout the entire County, including territory embraced in independent school systems, the same to be appropriated to the use of the County Board of Education and to the educational work directed by them; provided that such tax shall not be levied on the taxable property included within the territory embraced in any operating independent school systems within the county for any taxable year beginning after December 31, 1978. If the people ratify this amendment and proclamation of the same is made by the Governor of this State at the next General election as hereinafter provided, the Judge of the Probate Court of DeKalb County shall within thirty days after said proclamation call a special election to be held within twenty days after such call. At said special election the sole question to be submitted to the voters of DeKalb County shall be whether or not said Act shall become operative in said County and if a majority of the voters qualified to vote for members of the General Assembly in said County, voting in said election, approve this Act, then said tax shall be levied as above set forth. If a majority of said voters, voting in said election, in said County, fail to approve this Act, then said Act shall not become operative. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. 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 with tax years beginning after December 31, 1978, the county authorities of DeKalb County shall not levy the one mill tax for educational purposes which was authorized by an amendment to the Constitution of 1877, proposed by Ga. L. 1943, p. 20, and ratified August 10, 1943, within the territory embraced in operating independent school systems? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to

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vote against ratifying the proposed amendment shall vote No If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HOUSTON COUNTY BOARD OF EDUCATIONCOMPENSATION CHANGE. Proposed Amendment to the Constitution. No. 75 (House Resolution No. 268-984). A Resolution. Proposing an amendment to the Constitution so as to change the compensation of members of the Board of Education of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: Any other provision of this Constitution to the contrary notwithstanding, each member of the Board of Education of Houston County shall be compensated in the amount of $350.00 per month, payable in equal monthly installments from the funds of the board of education. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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[] YES [] NO Shall the Constitution be amended so as to provide that each member of the Board of Education of Houston County shall receive compensation of $350.00 per month, payable in equal monthly installments from the funds of the board of education? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF AUSTELLDISCOUNT FROM AD VALOREM TAXES AUTHORIZED FOR PROMPT PAYMENT. Proposed Amendment to the Constitution. No. 76 (House Resolution No. 269-984). A Resolution. Proposing an amendment to the Constitution so as to authorize the City of Austell to grant a discount from ad valorem taxes levied by the city for prompt payment of such taxes; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, section I, Paragraph IV of the Constitution is hereby amended by adding after the penultimate paragraph thereof the following new paragraph: The City of Austell is hereby authorized to grant a discount of not more than two percent from ad valorem taxes

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levied by the city when such taxes are paid within thirty days of the billing date thereof. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 Austell to grant a discount of up to two percent for prompt payment of ad valorem taxes? 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 AUSTELL AUTHORIZED TO GRANT $2000 HOMESTEAD EXEMPTION TO RESIDENTS SIXTY-FIVE OR OVER. Proposed Amendment to the Constitution. No. 77 (House Resolution No. 270-984). A Resolution. Proposing an amendment to the Constitution so as to authorize the City of Austell to grant a homestead exemption in the

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amount of $2,000.00 from all ad valorem taxes levied by the city for certain persons aged sixty-five or over; 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 17 of the Constitution is hereby amended by adding after the penultimate paragraph thereof the following new paragraph: The City of Austell is hereby authorized to grant to each person who is sixty-five years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $2,000.00 on the homestead owned and occupied by such person as a residence. The City of Austell may limit the grant of the exemption provided for in this paragraph to qualified persons whose net income from all sources, as defined by Georgia law except as hereinafter provided, together with the net income of their spouses who also occupy and reside at such residences, does not exceed a limitation, established from time to time by the City of Austell, for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 City of Austell to grant a $2,000.00 homestead exemption to persons aged sixty-five or over and to place an income limitation as a qualification for such exemption? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. MACON FIREMEN AND POLICE PENSION FUNDWIDOW'S AND CHILDREN'S PENSIONS INCREASED. Proposed Amendment to the Constitution. No. 78 (House Resolution No. 274-1031). A Resolution. Proposing an amendment to the Constitution, so as to increase the amount of the pensions paid to certain widows and children of firemen and policemen who were members of the Firemen and Police Pension Fund of the City of Macon; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article X, section I, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new subparagraph (d) to read as follows: (d) Any other provision of this Constitution to the contrary notwithstanding, any widow or child of a member of the Firemen and Police Pension Fund of the City of Macon, as provided for in section 70 of an Act establishing a charter for the City of Macon, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, particularly by an Act approved March 9, 1939 (Ga. L. 1939, p. 1149), who is receiving a pension of $30 per month under the provisions of subsection (o) of section 70, as said section was amended by the Act approved March 9, 1939 (Ga. L. 1939, p. 1149), shall hereafter receive a pension of $90 per month, and any widow or child who is receiving a pension of $20 per month under the provisions of subsection (p) of section 70 of said Act, as amended by said Act approved March 9, 1939 (Ga. L. 1939, p. 1149), shall hereafter receive a pension of $60 per month. The payment and receipt of such pension and the conditions and qualifications for such pension shall be as provided for by said Act approved March 9, 1939 (Ga. L. 1939, p. 1149). The provisions of this subparagraph shall not apply to nor increase the pension of any person who receives a pension greater than or other than the pensions as specified in this subparagraph. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 pensions paid to certain widows and children of deceased members of the Firemen and Police Pension Fund of the City of Macon?

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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 MORROWHOMESTEAD EXEMPTION FOR THE DISABLED AGED INCREASED TO $8000. Proposed Amendment to the Constitution. No. 79 (House Resolution No. 296-1106). A Resolution. Proposing an amendment to the Constitution so as to provide that residents of the City of Morrow who are 65 years of age or over or who are totally disabled, and whose gross income does not exceed $4,000.00 per annum, shall be granted a homestead exemption of $8,000.00 from ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

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Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Morrow who is sixty-five years of age or over and whose gross income does not exceed $4,000.00 per annum, and each resident of the City of Morrow who is totally disabled and whose gross income does not exceed $4,000.00 per annum, is hereby granted an exemption of $8,000.00 on his homestead from all ad valorem taxation by the City of Morrow so long as any such resident of the City of Morrow actually occupies said homestead as his residence. There shall be no more than one (1) $8,000.00 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 Morrow. No resident shall be qualified to receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Morrow, or with a person designated by the governing authority of the City of Morrow, giving his age and the amount of income which he receives and such additional information as may be required to enable the governing authority of the City of Morrow, or the person designated by the governing authority of the City of Morrow, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Morrow, 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, 1978. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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[] YES [] NO Shall the Constitution be amended so as to provide that residents of the City of Morrow who are sixty-five years of age or over or who are totally disabled, and whose gross income does not exceed $4,000.00 per annum, shall be granted a homestead exemption of $8,000.00 from ad valorem taxation by said city? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CHARLTON COUNTYJURISDICTION OF JUSTICES OF THE PEACE INCREASED. Proposed Amendment to the Constitution. No. 80 (House Resolution No. 313-1143). A Resolution. Proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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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 Charlton 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 one thousand dollars, and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulations as may be prescribed by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction? 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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WARE COUNTYJURISDICTION OF JUSTICES OF THE PEACE INCREASED. Proposed Amendment to the Constitution. No. 81 (House Resolution No. 314-1143). A Resolution. Proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Ware 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 Ware 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 one thousand dollars, and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulations as may be prescribed by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 increase the jurisdiction of civil cases over which the Justices of the Peace of Ware County shall have jurisdiction? 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. CLINCH COUNTYJURISDICTION OF JUSTICES OF THE PEACE INCREASED. Proposed Amendment to the Constitution. No. 82 (House Resolution No. 315-1143). A Resolution. Proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Clinch 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:

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Provided, however, that in Clinch 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 one thousand dollars, and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulations as may be prescribed by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 jurisdiction of civil cases over which the Justices of the Peace of Clinch County shall have jurisdiction? 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. ATKINSON COUNTYJURISDICTION OF JUSTICES OF THE PEACE AMENDED. Proposed Amendment to the Constitution. No. 83 (House Resolution No. 316-1143). A Resolution. Proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace

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of Atkinson 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 Atkinson 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 one thousand dollars, and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulations as may be prescribed by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 jurisdiction of civil cases over which the Justices of the Peace of Atkinson County shall have jurisdiction? 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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GLASCOCK COUNTY TAXESCERTAIN CAPITAL IMPROVEMENTS EXEMPTED. Proposed Amendment to the Constitution. No. 84 (House Resolution No. 319-1147). 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 Glascock 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: All capital improvements of each new manufacturing establishment located in Glascock 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 $250,000. Each addition to the capital improvements of an existing manufacturing establishment located in Glascock 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 $250,000 or more. For the purpose of this exemption the term `manufacturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating or changing things into new forms for use or in

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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 XII, section I, Paragraph I of the Constitution of Georgia of 1976. 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 Glascock County ad valorem property 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.

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VETOES 1977-1978 Session Veto No. Bill No. Subject Veto Date 1 SB 1 Industrial Loan Act 3-31-77 2 HB 78 Gasoline Marketing Practices Act 3-31-77 3 HR 188-714 Compensate Mrs. Dorothy A. Bland 4-5-77 4 HB 211 Unlawful to employ alien 4-6-77 5 HB 656 Atlanta-Fulton Co. prohibiting accepting bail 4-8-77 6 HB 664 Crawford Co. Tax Appraiser may serve on Bd. of Tax Assessors 4-8-77 7 HB 904 Protective Devices for Beehives 4-8-77 8 HB 950 Hawkinsvillelimitation on right of taxation code not to apply 4-8-77 9 HB 1096 Recall of elected officials 4-8-77 10 SB 45 Personnel Bd. adoption of classification plan after 4-1-78 4-8-77 11 HB 183 State Vending Facility operated by Blind or Disabled 4-11-77 12 HB 295 Water Well Stand. Act 4-11-77 13 HB 552 Defines `motorized bike' 4-11-77 14 HB 757 Dev. Authorityconditions for borrower to provide, secure loan 4-11-77 15 HB 324 Pub. Funds for Cert. Fed. Prog. 4-11-77

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CONSTITUTION OF THE STATE OF GEORGIA (Compiled January, 1977) RATIFIED, NOVEMBER 2, 1976 PROCLAIMED, DECEMBER 22, 1976 Designated as The Constitution of the State of Georgia of 1976

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CONSTITUTION OF THE STATE OF GEORGIA TABLE OF CONTENTS ARTICLE I. Bill of Rights 1631 ARTICLE II. Elective Franchise 1636 ARTICLE III. Legislative Branch 1639 ARTICLE IV. Constitutional Boards and Commissions 1653 ARTICLE V. Executive Branch 1659 ARTICLE VI. Judiciary 1665 ARTICLE VII. Taxation 1678 ARTICLE VIII. Education 1697 ARTICLE IX. Counties and Municipal Corporations 1703 ARTICLE X. Retirement Systems and Educational Scholarships 1720 ARTICLE XI. The Laws of General Operation in Force in this State 1729 ARTICLE XII. Amendments to the Constitution 1730 ARTICLE XIII. Miscellaneous Provisions 1731

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CHRONOLOGICAL LIST OF ORGANIC ACTS AND STATE CONSTITUTIONS OF GEORGIA Charter of the Colony of Georgia, 1732. Grant of George II, King of Great Britain. Constitution of 1777. Constitutional Convention, Oct. 1, 1776-Feb. 5, 1777. Constitution of 1789. Constitutional Convention, Nov. 4-24, 1788; Jan. 4-20, 1789; May 4-6, 1789; May 16, 1795. Constitution of 1798. Constitutional Convention, May 8-(30?), 1798. Constitution of 1861. Constitutional Convention, Jan. 16-March 23, 1861. Constitution of 1865. Constitutional Convention, Oct. 25-Nov. 8, 1865. Constitution of 1868. Constitutional Convention, Dec. 9, 1867-March 11, 1868. Constitution of 1877. Constitutional Convention, July 11, 1877-August 25, 1877. Constitution of 1945. Ratified General Election, August 7, 1945; Governor's Proclamation, August 13, 1945. Constitution of 1976. Ratified General Election, November 2, 1976; Governor's Proclamation, December 22, 1976. Editorial Note: This compilation of the Georgia Constitution does not include amendments which are not general within the meaning of Paragraph I, Section I, Article XII.

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CERTIFICATE GEORGIA, FULTON COUNTY This is to certify that, pursuant to the provisions of Article XIII, Section I, Paragraph III of the proposed new Constitution of the State of Georgia, the undersigned, who constitute the entire membership of the Commission created by said Paragraph, have met, have performed the duties prescribed in said Paragraph, and have incorporated the separate amendments referred to in said Paragraph into the Constitution which is attached. The undersigned further certify that the attached document is being delivered to the Secretary of State and, as provided in said Paragraph, such document, on January 1, 1977, shall be the Constitution of the State of Georgia of 1976. This 22nd day of December, 1976.

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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. ARTICLE I. 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 Opinions; 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 or of the Press Guranteed . No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, 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. 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

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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. 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.

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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. 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. Paragraph II. State Rights . The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the

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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. 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, Etc., 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, except that the operation of a nonprofit bingo game, when the

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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. 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 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

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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 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.

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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, 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 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 against 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.

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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. 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

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shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in the area in which such election is held and prescribe 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 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.

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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 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

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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 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. Nothing 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 regular 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 conducive 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. 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.

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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 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. 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. 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

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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. 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 revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills.

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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 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.

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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 Allowances of Elective 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 make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts. The General Assembly shall have no power to grant corporate powers and privileges to private companies, but it shall prescribe by law the manner in which such power to grant corporate powers and privileges to private companies shall be exercised by the Secretary of State. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general 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 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,

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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 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 order, 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

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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 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 Industry and Trade, 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. 7. The General Assembly is hereby authorized to provide by law for a program of indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973. Such law may provide for the method of payment of such indemnification and all other matters relative thereto; provided, that no such law may provide an indemnification with respect to the death of a law enforcement officer, fireman or prison guard which is in excess of $50,000. The General Assembly is hereby authorized to levy taxes and to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph. 8. Any provision of this Paragraph to the contrary notwithstanding, the General Assembly is authorized to provide by law for the donation

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or gratuitous 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 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. 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

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company so depositing. 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. Paragraph VI. Subsequent Injury Workmen's Compensation Trust Fund . 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 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 then 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 of 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. (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

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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 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 an 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. Paragraph VIII. Appropriations Void, When . Any appropriation made in conflict with either of the foregoing provisions shall be void.

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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. 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.

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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 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. The successors to the present members and all members of the Board who are subsequently appointed to fill vacancies 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 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 members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. 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

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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. 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. Board of Offender Rehabilitation Paragraph I. Board of Offender Rehabilitation . There shall be a Board of Offender Rehabilitation, to be composed of nine members as follows: the five members of the Board of Corrections who serve ex officio as members of the statutory Board of Offender Rehabilitation shall continue to serve out the terms to which they were appointed as members of the Board of Offender Rehabilitation herein created: the Governor shall appoint the remaining four members, subject to the consent of the Senate. The initial appointments by the Governor shall be for one, two, three and four years, respectively. Thereafter, successors to the initial members of the Board shall be appointed by the Governor, subject to the consent of the Senate, for terms of office of four years and until their successors are duly appointed and qualified. The Board shall establish the general policy to be followed by the Department of Offender Rehabilitation. Section IV. Board of Natural Resources Paragraph I. Creation; Membership; Appointment; Terms of Office; Powers and Duties; Compensation . There 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

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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. 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 . The State Personnel Board in existence on the effective date of this Constitution is hereby abolished and the terms of office of persons serving on said board are abolished. There shall be a new nonsalaried State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration. Under said merit system. State personnel shall be selected on a basis of merit, fitness and demonstrated ability according to law. The State Personnel Board shall be comprised of five citizens of this State, of known interest in the improvement of the quality of State government. Members of the State Personnel Board shall be appointed by the Governor, subject to confirmation by the Senate. The first members shall be appointed for terms of one, two, three, four and five years, respectively, the term to be

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designated by the Governor. All subsequent appointments shall be for a period of five years, except unexpired terms. Service on the State Personnel Board shall be restricted to two consecutive terms, provided that the completion of an unexpired term shall not be considered a term of service within the context of this two-term limitation. No State official or employee shall be a member of the State Personnel Board. All members of the State Personnel Board shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. 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 preference 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 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 Industry and Trade Paragraph I. Board of Industry and Trade . There shall be a Department of Industry and Trade in lieu of and as successor to the Department of Community Development. Wherever the words Department of Community Development were used heretofore in any statute, they shall be held and taken to mean the Department of Industry and Trade. There shall be 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 were used heretofore 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

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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 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 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 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 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 comply with Federal law providing for control of outdoor advertising and junk yards adjacent to the roads of the Federal-Aid Highway Systems:

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(1) the State of Georgia, acting by and through the Department of Transportation, is authorized to acquire any interests in property for the purpose of removing or requiring the removal of outdoor advertising and for the purpose of screening or removing or requiring the removal or screening of junk yards adjacent to such roads, said acquisition to be in accordance with provisions of law and of this Constitution relating to the acquiring of private property interests for such public road purposes and activities incident thereto; and (2) the General Assembly may zone property adjacent to the public roads of such Federal-Aid Highway Systems for commercial or industrial purposes or in respect to the location of advertising signs, displays or devices or in respect to the establishment, removal or control of junk yards and may provide for rules and regulations governing advertising and junk yards adjacent to such roads. The General Assembly is authorized to provide for landscaping and roadside development within the rights-of-way of the Federal-Aid Highway Systems and for the acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to such highways, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the rights-of-way of the Federal-Aid Highway Systems. Paragraph III. 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. Paragraph IV. 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.

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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 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 expiration of four years from the conclusion of his term. The compensation and allowances of the Governor shall be as provided by law. No Governor shall receive any 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 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 members 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

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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 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 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

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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 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.

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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 an emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of said 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 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

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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 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,

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Commissioner of Agriculture, and the Commissioner of Labor shall be elected by the persons qualified to vote for members of the General 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 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.

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Section IV. Disability of Executive Officers Paragraph I. Disability of Executive Officers . 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 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 Counsel. 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 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

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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. 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 by this Constitution

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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 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

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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 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 provision 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 their 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

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criminal cases where the 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 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.

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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 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.

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Paragraph IV. Construction . Wherever the words Ordinary, or Ordinaries or the words Court of Ordinary or Courts of Ordinary appear in any statutes of this State, and such words refer to the county officer heretofore known and designated as the Ordinary or the court heretofore known and designated as the Court of Ordinary, such words are hereby stricken and the words Judge of the Probate Court or Judges of the Probate Courts or the words Probate Court or Probate Courts, respectively, are hereby inserted in lieu of such stricken words. The changing of the name of the Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively, shall not affect the status of any matter pending before any 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 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 extension 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

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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 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 the people at the same time, for the same term and in the same manner as the Governor.

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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. Section XII. Salaries of 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

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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 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. 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)

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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, 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.

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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 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. 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.

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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 (1/4) 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 of 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. 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 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 motor vehicles. 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. 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.

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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 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 power 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 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

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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 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

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retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his 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 necessary and appropriate to carry out the purposes and responsibilities of this paragraph. 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.

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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. 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 uses 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. 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. 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; (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

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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 possess the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 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

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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 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. 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. 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

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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, 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 be 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 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;

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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. 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. 4. To suppress insurrection, to repel 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

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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 sub-chapter 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 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.

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12. For school lunch purposes. 13. To pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music, and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program. 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 quality 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 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

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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. 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 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

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make or purchase, or lend 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 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

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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 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 this Constitution. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated 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 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

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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 fund 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 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

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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. 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 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

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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 issuer. 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 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 . Paragraphs I, II, III and IV are for the purpose of providing a new and more effective method of financing 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 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

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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 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

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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. 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 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, 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 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.

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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 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. 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

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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 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 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 of education. 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 the county not embraced within the territory of an independent school district.

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(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 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 care, 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

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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 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 systems 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. 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,

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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 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 of such political subdivisions; provided, 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. Laws 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 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.

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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 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. Sheriffs; qualifications . Any provision of this Constitution to the contrary notwithstanding, every sheriff shall possess the qualifications required by general law as minimum standards and training for peace officers. The General Assembly is hereby authorized to provide by law for higher qualifications for sheriffs. The provisions of this Paragraph shall not apply to any sheriff in office on January 1, 1977. Paragraph X. 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 XI. 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 the division of a county,

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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 it 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 or 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 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

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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 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 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

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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 reason why such petition is not valid: Provided, however, that in any proceeding in which the validity of the petition is at 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.

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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. (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 statutes of general application pertaining to municipalities.

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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. (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.

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(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 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

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individual 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, 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 to 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, 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.

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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 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.

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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 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 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.

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(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 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

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except as in this Constitution provided for, shall never exceed ten per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political subdivisions of this State to pass upon the issuance, of bonds by such counties, municipal corporations and other political subdivisions of this State are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political subdivisions made prior to January 1, 1945, shall not be affected hereby; provided, that any county or municipality of this State may accept and use funds 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 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.

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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, 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: 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

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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. Paragraph V. Community Disaster Loans . In addition to the obligations hereinbefore allowed, each county, municipality and political subdivision of the State authorized to levy taxes is hereby granted the authority to obtain federal community disaster loans, in an amount up to twenty-five percent of the anticipated revenues for the fiscal year in which the disaster occurs, in accordance with and pursuant to the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288); provided that authorization for such loans is contingent upon the county, municipality or political subdivision of the State suffering a substantial loss of tax and other revenues as a result of a major disaster and the existence of a demonstrated need for financial assistance in order to perform its governmental functions. Federal community disaster loans may only be applied for and obtained from the federal government under the condition that requirement of repayment of all or any part of such loans shall be cancelled in the event that and to the extent that revenues of the county, municipality or political subdivision during the full three-year fiscal period following the major disaster are insufficient to meet the operating budget of the local government, including additional disaster related expenses of a municipal operation character. Section 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 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

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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, 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 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

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Obligations authorized, and that such validation shall thereafter be incontestable and conclusive. 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 indebtedness 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 give 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 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

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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, in the bonds or obligations of the State of Georgia, of the counties and cities thereof and of the government of the United States, of subsidiary corporations of the Federal Government fully guaranteed by such government and in accounts and certificates which are fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, and no other. Any person or persons violating the above provisions shall be guilty of malpractice in office and shall also be guilty of a misdemeanor, and 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. 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 the purpose of paying pensions and other benefits

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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 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

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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 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 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

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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 $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 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. Each applicant before being granted a loan or scholarship shall enter

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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 contact 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 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.

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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 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 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

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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 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 Educational 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 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

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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 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

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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 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 Educational 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 or 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. 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

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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 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 which have not expired nor been repealed, shall have the force of Statute law,

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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 judgments, 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 what political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment is 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 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

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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 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, amended, 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 State and all political subdivisions thereof now existing shall continue in the exercise of their functions and

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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 not 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. 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.

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COUNTIES AND SUPERIOR COURT CIRCUITS

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SUPREME COURT OF GEORGIA As of June 1, 1977 H. E. NICHOLS Chief Justice HIRAM K. UNDERCOFLER Presiding Justice ROBERT H. JORDAN Associate Justice G. CONLEY INGRAM Associate Justice ROBERT H. HALL Associate Justice HAROLD N. HILL, JR. Associate Justice JESSE G. BOWLES Associate Justice JEFFREY WARD BELL Law Assistant SALLY A. BLACKMUN Law Assistant WILLIAM A. DINGES Law Assistant BEN G. ESTES Law Assistant ELEANOR D. HENDERSON Law Assistant SAMUEL D. HEWLETT, III Law Assistant ROSEMARY KITTRELL Law Assistant ELIZABETH E. LONG Law Assistant CLARENCE LORENTZON Law Assistant BARRY STEVEN MITTENTHAL Law Assistant MAUD SAUNDERS Law Assistant W. CLAYTON SPARROW, JR. Law Assistant WARREN A. WEBB Law Assistant SIMON J. WEINSTEIN Law Assistant SHERIE M. WELCH Law Assistant DENNIS A. YORK Assistant to the Court 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 As of June 1, 1977 JOHN SAMMONS BELL Chief Judge BRASWELL D. DEEN, JR. Presiding Judge J. KELLEY QUILLIAN Judge JULIAN WEBB Judge THOMAS O. MARSHALL Judge WILLIAM LEROY McMURRAY, JR. Judge GEORGE T. SMITH Judge ARNOLD SHULMAN Judge HAROLD R. BANKE Judge STEPHEN H. BLACK Law Assistant ROBERT H. BRINSON, JR. Law Assistant WILLIAM K. CARMICHAEL Law Assistant T. MIL CLYBURN Law Assistant MARGARET W. DEIMLING Law Assistant DAN GHENT Law Assistant WILLIAM A. GRAY Law Assistant CHARLES N. HOOPER Law Assistant KENNETH A. HOWARD Law Assistant GARY A. HUGHES Law Assistant RONALD F. JOHNSON Law Assistant JAMES MORAWETZ Law Assistant RICHARD L. RICE Law Assistant ALFREDDA SCOBEY Law Assistant WILLIAM H. SMITH Law Assistant JULIAN H. STEWART Law Assistant RUSSELL THOMAS Law Assistant CECIL A. WILLIAMS, JR. Law Assistant MORGAN THOMAS Clerk EDNA E. BENNETT Deputy Clerk ABDA J. CONYERS Special Deputy Clerk WILEY H. DAVIS Reporter GUY M. MASSEY Asst. Reporter

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JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of June 1, 1977 ALAPAHA CIRCUIT. HONS. H. W. LOTT, Chief Judge, Lenox, Ga.; W. D. Jack Knight, Judge, Nashville. 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. J. W. (JIM) MORGAN, Covington. NewtonSecond third Mondays in January, April, July October. WaltonThird Monday in February, May, August, November. ATLANTA CIRCUIT. HONS. SAM P. McKENZIE, Chief Judge, CLAUDE D. SHAW, LUTHER ALVERSON, CHARLES A. WOFFORD, LLOYD ELMO HOLT, OSGOOD O. WILLIAMS, G. ERNEST TIDWELL, JOHN S. LANGFORD, JOEL J. FRYER, CHARLES L. WELTNER, HORACE T. WARD, Judges, Courthouse, Atlanta. LEWIS R. SLATON, D.A., Courthouse, Atlanta. FultonFirst Monday in January, March, May, July, September November. ATLANTIC CIRCUIT. HONS. JOHN R. HARVEY, Judge, Pembroke; JAMES E. FINDLEY, Judge, Reidsville. DUPONT K. CHENEY, 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. AUGUSTA CIRCUIT. HONS. JOHN F. HARDIN, WILLIAM M. FLEMING, JR., EDWIN D. FULCHER, FRANKLIN H. PIERCE, Judges, Augusta. RICHARD E. ALLEN, D.A., Augusta.

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BurkeSecond Monday in May November. ColumbiaFourth Monday in March September. RichmondThird Monday in January, March, May, July, September November. BLUE RIDGE CIRCUIT. HONS. RICHARD B. NEVILLE, JR., Judge, Cumming. 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. (resigning Aug. 1, 1977). 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. 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.

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CHEROKEE CIRCUIT. HON. JERE F. WHITE, Judge, Cartersville. CHARLES CRAWFORD, D.A., 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. MARVIN A. MILLER, Chief Judge, JOE C. CRUMBLEY, Judge, Jonesboro; WILLIAM H. (BILL) ISON, Judge, Jonesboro. ClaytonFirst Monday in February, May, August November. COBB CIRCUIT. HONS. HOWELL COBB RAVAN, LUTHER C. HAMES, JR., JAMES L. BULLARD, Judges, Marietta. TOM CHARRON, D.A., Marietta. CobbSecond Monday in January, March, May, July, September November. CONASAUGA CIRCUIT. HONS. ROBERT VINING, JR., Senior Judge, Dalton. COY H. TEMPLES, Judge, Dalton. CHARLES A. PANNELL, JR., D.A., Chatsworth. 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. HARDY GREGORY, JR., Judge, Courthouse, 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, Chief Judge., P.O. Box 315, Carrollton. JOSEPH C. JACKSON, Judge, LaGrange. WILLIAM F. LEE, JR., D.A., Newnan. CarrollFirst Monday in April October.

Page 1739

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. KELLEY, 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. DUBLIN CIRCUIT. HON. W. H. (BILL) WHITE, Judge, Dublin (resigning June 1, 1977). 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. GEORGE E. OLIVER, FRANK S. CHEATHAM, JR., PHYLLIS KRAVITCH, Judges, Savannah. ANDREW JOE RYAN, JR., D.A., Savannah. ChathamFirst Monday in March, June, September December. FLINT CIRCUIT. HON. HUGH D. SOSEBEE, Judge, Forsyth. SAM L. WHITMIRE, Judge, Barnesville. 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., Chief 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.

Page 1740

UpsonThird fourth Mondays in March August; first second Mondays in November. 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. WILLIAM M. (BILL) CAMPBELL, D.A., LaFayette. 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. WALTER P. JOHNSON, 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. MIDDLE CIRCUIT. HONS. WALTER C. McMILLAN, JR., Judge, P.O. Box 701, Sandersville; MARVIN B. HARTLEY, JR., Lyons. 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.

Page 1741

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, JAMES E. PALMOUR, III, Judges, 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. NORTHERN CIRCUIT. HON. RAY B. BURRUSS, JR., Chief Judge, P.O. Box 950, Hartwell. CLEVE MILLER, D.A., P.O. Box 247, Elberton. 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.

Page 1742

OCONEE CIRCUIT. HON. JAMES B. O'CONNOR, Judge, P. O. Box 951, Eastman. PRESTON N. RAWLINS, JR., Judge, 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 Monday in October. WheelerSecond Monday in February and October; third Monday in June. 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. JOHN R. IRWIN, D.A., P. O. Box 368, Dawson. 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. JAMES L. JIM BROOKS, Judge, Jefferson. 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.

Page 1743

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. 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, Chief Judge, Thomasville; GEORGE A. HORKAN, JR., Judge, Moultrie; W. G. GUS ELLIOTT, Judge, Valdosta. 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. WILLIAM T. DEAN, Conyers; CLARENCE L. PEELER, JR., Decatur; CURTIS V. TILLMAN, Decatur; CLYDE HENLEY, 303 Courthouse, Decatur; EWELL T. HENDON, JR.,

Page 1744

Decatur; ROBERT K. BROOME, Decatur; KEENAN FEDERAL Decatur, Judges; RANDALL PEEK, D.A., Conyers. DeKalbFirst Monday in January, March, May, July, September, and November. RockdaleFirst Monday in February, May, August and November. 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. W. J. FOREHAND, Judge, P. O. Box 253, Tifton. THOMAS H. PITTMAN, D.A., 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 1745

WAYCROSS CIRCUIT. HON. BEN A. HODGES, Senior Judge, Waycross. ELIE L. HOLTON, 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 1746

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Atkinson County, justices of the peace, jurisdiction 1620 Atlanta, homestead exemption, low income persons 1587 Austell, ad valorem tax discount 1609 Austell, homestead exemption for aged residents 1610 Bowdon, homestead exemption 1602 Brooks County, justices of the peace, jurisdiction 1581 Carrollton, homestead exemption 1596 Charlton County, justices of the peace, jurisdiction 1616 Clinch County, justices of the peace, jurisdiction 1618 Cobb County, justices of the peace, jurisdiction 1585 Curriculum laboratory established 1564 DeKalb County, school tax reduction 1606 Disposition of certain City of BarnesvilleCounty of Lamar Development Authority land 1565 Fulton County, homestead exemption, income 1574 Fulton County Industrial District created 1569 General Assembly, four year terms provided 1556 Glascock County taxes, certain exemptions 1621 Houston County Board of Education, salaries 1608 Houston County Board of Education to appoint school superintendent 1589 Houston County, seven member Board of Education 1591 Macon firemen and police, survivors' benefits increased 1612 Morrow, homestead exemption for disabled aged, increased 1614 Motor vehicle tax, exemption, disabled veterans 1578 Oconee County Industrial Development Authority, membership changed 1582 Pensions, certain Fulton County employees, benefits increased 1562 Recall provisions for public officials 1557 Roopville, homestead exemption 1604 Savannah, issuance of bonds 1583 School systems, majority vote to merge in certain counties (600,000 or more) 1554 School tax, termination in certain counties (200,000) 1567 Temple, homestead exemption 1598 Union City, homestead exemption for aged-low income residents 1572 Villa Rica, homestead exemption 1600 Ware County, justices of the peace 1617 Whitesburg, homestead exemption 1594 CODE SECTIONS 22-Title, amended 324 22-Title, amended 649 23-4, amended 248 24-1601, amended 196

Page 1747

24-2801, amended 1171 24-29, amended 1257 24-39, amended 577 24A-Title, amended 1237 24A-Title, amended 181 24A-Title, amended 774 24A-401, amended 700 24A-3701, amended 812 26-1601, amended 895 26-17, amended 1332 26-1704, amended 1266 26-20, amended 315 26-2703, amended 747 26-29, amended 1333 27-2, amended 902 27-1402, amended 179 27-15, amended 1293 30-102 and 30-201, amended 1253 30-202.1, amended 312 32-111, amended 226 32-910, amended 875 34 and 34A-Titles, amended 550 34-703, amended 1199 34-1301, amended 1198 34-1302, amended 313 34-1307, amended 176 34-14, amended 725 34-1405, amended 684 34-1406, amended 683 34-1704, amended 175 34A-Title, amended 1053 34A-Title, amended 303 34A-1012, amended 1197 35-708, repealed 172 38-3, amended 226 41A-Title, amended 730 45-Title, superseded 396 46-3, amended 634 46-509, amended 783 49-604, amended 896 56-Title, amended 1229 56-3, amended 1283 56-3, amended 878 56-13, amended 1281 56-24, amended 877 57-101.1, amended 1221 57-116, amended 698 58-Title, amended 1316 58-207, amended 632 58-6, amended 1247 58-607, amended 183 59-201, amended 341

Page 1748

67-20, amended 675 68-213, amended 591 68-215, amended 596 68-23, amended 253 68-99, amended 1039 68A-202, amended 278 68A-902, amended 1036 68B-Title, amended 307 68B-213, amended 576 68B-217, amended 890 68B-307, amended 1235 68B-311, amended 648 68C-Title, added 1014 74-11, amended 242 74-4, revised 201 79A-Title, amended 625 79A-4, amended 1093 79A-809, amended 1287 81-1402, amended 760 84-102, amended 758 84-2, amended 1063 84-9, amended 334 84-14, amended 880 84-21A, amended 746 84-501, amended, chiropractic redefined 232 84-916, amended 317 84-1421, amended 691 85-4, amended 1249 88-Title, amended 753 88-Title, amended 1293 88-4, amended 887 88-5, amended 889 88-25, amended 886 88-304, amended 309 88-31, amended 281 89-6, amended 567 89-19, amended 257 89-9903, amended 568 91-1A, amended 685 91-110a, amended 762 92-106, amended 301 92-111, repealed 294 92-233, amended 1314 92-2309, repealed 296 92-31, amended 1133 92-31, amended 772 92-3108, amended 723 92-39, amended 297 92-4101, amended 618 92-4101, amended 2655 92-4101 through 4104, repealed 1226 92-49, amended 1162

Page 1749

92-52, repealed 291 92-58, amended 292 92-6306, amended 300 92-69, amended 666 92-6905, amended 302 92-7305, repealed 297 108-6, amended 719 113-107, repealed 545 113-10, amended 545 114-Title, amended 608 114-616, amended 771 COURTS SUPERIOR COURTS Alapaha Circuit, additional judge 793 Alcovy Circuit, expense allowance for judge 959 Alcovy Circuit, salaries and budgets 1217 Atkinson County, clerk's salary changed 3458 Augusta Circuit, reporter provided 779 Bacon County, Clerk's salary changed 3367 Bleckley County, salaries changed 3665 Butts County, disposition of criminal fines changed 4472 Carroll County, Clerk's salary changed 2935 Catoosa County, Clerk's salary changed 3073 Chattahoochee Circuit, additional judges 784 Chattahoochee Circuit, assistant district attorney, salary 952 Clayton Circuit, additional superior court judges authorized 541 Clayton Circuit, court reporters' compensation changed 3899 Clayton Circuit, superior Court judges' salary supplement changed 349 Clayton County, clerk's and sheriff's salaries changed 2857 Clerks, collection of fees 1098 Clerks' salary supplement, repealed in certain counties (less than 300) 4271 Clerks' salary supplement, repealed in certain counties (2000 or less) 4270 Cobb Circuit, salary changes 4020 Columbia County, clerk's salary supplemented 2698 Conasauga Judicial Act amended, court terms changed 188 Crawford County, clerk's salary changed 3126 Dougherty Circuit, investigators authorized 342 Dougherty County, clerk's salary 3965 Echols County, clerk's salary supplement 3510 Griffin Circuit, additional judges 693 Gwinnett Circuit, additional judge 837 Gwinnett Circuit, judges' supplement changed 230 Henry County, clerk's and sheriff's salaries changed 4124 Jeff Davis County, clerk's salary changed 4081 Jenkins County, clerk's personnel, etc. 3840 Liberty County, sheriff's provisions changed 3520 Lookout Mountain Circuit, salary change for clerk-typist 268

Page 1750

Lumpkin County, clerk's salary changed 4483 McIntosh County, clerk's salary and personnel 4006 Member's withdrawal from retirement system 607 Middle Circuit, additional judges authorized 563 Miller County, superior court clerk, salary 2508 Muscogee County, clerk's salary changed 3113 Newton County, clerk's compensation changed 3271 Northeastern Circuit, judge's salary supplemented 907 Northern Circuit, additional judges authorized 572 Pike County, clerk's salary changed 4448 Pulaski County, clerk's salary changed 3680 Rabun County, clerk's salary changed 2629 Rockdale County, salary changed 2844 Rome Circuit, assistant district attorney's salary changed 235 Salaries for clerks in certain counties repealed (8250-8330) 183 Secretaries' salaries 668 Southern Circuit, terms fixed 180 Supplemental expense allowances, certain circuits (103,000-135,000) 727 Talbot County, clerk's compensation changed 2744 Tallapoosa Circuit, additional judges 687 Tattnall County, clerk's compensation changed 3154 Tift County, clerk's salary to be fixed by commissioners 4474 Towns County, clerk's salary and assistants, etc. 3972 Twiggs County, clerk's compensation changed 2721 Walker County, salary changes 2870 Warren County, deputy clerk's salary changed 3746 CIVIL COURTS Bibb County, authority for appointment of judge pro tem, expanded 3453 JUVENILE COURTS Cobb County, judge's salary changed 4314 Houston County, place of sessions 2928 STATE COURTS Bryan County, judge's and solicitor's eligibility requirements changed 3205 Chatham County, costs and deposits changed 3538 Chatham County, filling judicial vacancies 3654 Chatham County, probate judge may preside in State Court 3525 Clarke County, juror provisions changed 4523 Clayton County, solicitor's salary changed 3692 Cobb County, clerk's salary 3870 Cobb County, judge's compensation changed 3690 Cobb County, jurisdiction, etc. 3188 Cobb County, solicitor's compensation 3872 Coffee County, management changes 2731

Page 1751

Effingham County, court's fund, procedures 3942 Evans County, judge's and solicitor's compensation changed 3242 Fulton County, solicitor's personnel changed 3181 Gwinnett County, recreated 3331 Gwinnett County, salary changes 4516 Gwinnett County, special investigator abolished 2503 Habersham County, judge and solicitor, salary changes 2606 Jenkins County, authority to set salaries of judge and solicitor 3846 Laurens County judge's and solicitor's salaries changed 2809 Muscogee County, officers' salaries changed 2778 Pierce County, judge's and solicitor's salaries changed 2966 Screven County, judge's and solicitor's salaries changed 3152 Treutlen County, judge's salary 3883 Treutlen County, jury trials 3886 Worth County, judge's and solicitor's salary changed 2746 COUNTIES AND COUNTY MATTERS COUNTIES (See General Index by name of County) COUNTY-WIDE GOVERNMENTS Albany-Dougherty Inner City Authority created 4220 Augusta-Richmond County Coliseum Authority, mandatory membership eliminated 3300 City of Dublin, County of Laurens Development Authority, new members, etc. 3075 COUNTY MATTERS BY POPULATION 2,000 or less; County clerk's salary set 4263 2,000 or less; superior court clerk's salary supplement repealed 4270 Less than 3,000; authority for superior court clerk's salary supplement repealed 4271 4540-4550; Board of Education, salary act repealed 351 6415-6505; Small Claims Court, jurisdiction and costs changed 2649 6910-6950; tax commissioners, salary act repealed 4272 7040-7055; Small Claims Court created 270 8250-8330; annual salaries for superior court clerks repealed 183 8340-8700; Magistrate's Courts created 239 10,450-10,650; homestead exemption expanded 1314 13,635-14,765; jurisdiction of Small Claims Courts changed 4215 15,300-15,800; salaries set for certain officers 4268 17,830-18,080; Board of Hospital Authority reestablished 4241 22,320-22,500; coroners' salaries changed 4463 28,300-29,600; coroners' salary provided 345 30,000 or more; tax collectors, settlements and reporting 1162 33,600-34,500; coroners' fee changed 4212 34,300-36,000; coroners' salaries fixed 191 34,500-39,500; Small Claims Courts, jurisdiction and costs changed 177

Page 1752

35,000-44,000; salary act repealed for coroners 4240 35,000-44,000; salaries of certain officers, act repealed 4254 35,000-44,000; tax commissioners' salary act repealed 234 60,000-65,000; Board of Elections created 166 72,500-85,000; coroners' fees for inquests set 238 100,000-150,000; alcoholic beverages, restaurant sales 560 103,000-135,000; supplemental expense allowance for judges in these circuits 727 103,000-135,000; assistant district attorneys, changes in certain circuits 728 135,000-140,000; district attorney's personnel 4255 145,000-165,000; certain officials' salaries changed 4446 180,000-190,000; tax commissioner's salary changed 347 190,000-300,000; justice of the peace emeritus, created 4213 200,000; termination of school tax; proposed amendment to Constitution 1567 More than 300,000; removal of traffic court assistant solicitors 1207 500,000 or more; sheriffs' salaries set in certain counties 3274 600,000 or more; alcoholic beverages, sale hours 843 600,00 or more; proposed amendment to constitution; vote to merge school districts 1554 COUNTY MATTERSHOME RULE ACTIONS Cobb; Civil Service System Act 4550 White; banks as depositories of county funds 4563 Richmond; Board of Commissioners, bond required 4559 MUNICIPAL CORPORATIONSNAMED CITIES See general index under name of city MUNICIPALITIES BY POPULATION More than 150,000; refunds, municipal employees' pensions 1169 300,000 or more; firemen's pension act amended 320 300,000 or more; pension act amended 318 300,000 or more; policemen's pension act amended 319 400,000; population figure changed to; certain building repair standards clarified; etc. 4445 MUNICIPALITIESHOME RULE AMENDMENTS Albany, police arms and uniforms 4572 Albany, utility service deposits 4574 Atlanta, appropriations committee 4577 Atlanta, contracts 4584 Atlanta, qualifications of councilmen 4589 Braswell, city limits, etc. 4594 Cedartown, miscellaneous changes 4601 Covington, advertisement of zoning changes 4606

Page 1753

Culloden, charter amended 4609 Dalton, electrical power 4612 East Point, Mayor's veto 4615 East Point, salaries 4620 Franklin, Recorder's Court 4625 Haralson, Town of, Recorder's Court 4631 Irwinton, Town of, hiring temporary policemen 4636 Leesburg, Recorder's Court 4639 Macon, pension plan 4647 Macon, police and fire department 4653 Macon, powers of Municipal Court judge 4656 Moultrie, special district created 4660 Newnan, retirement plan 4667 Warner Robins, qualifications of mayor, etc., changed 4671 RESOLUTIONS AUTHORIZING COMPENSATION Ables, Robert L. 4548 Aliff, Dr. John V. 4540 Bentley, Jacob A. and Mrs. Lenoy 4543 Carter, Jessee 4542 Cox, Dennis M. 4544 David, Roper 4547 Flowers, Cynthia Lorraine 4541 Free, Mr. and Mrs. Luther Dwain 4539 Fuller, E. T. Dick 4545 Hobbs, Mildred C. 4538 Morgan, Gwendolyn A. 4546 Smalley, Albert T. 4544 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Bibb County, conveyance to 1534 Chatham Service Corp., easement to 1541 Emanuel Co., conveyance to 1539 Glynn County, conveyance of Blythe Island to 1547 Grady County, conveyance 923 Gwinnett Livestock and Fair Association, Inc. 2801 Savannah Electric and Power Co., and Southern Natural Gas, easements to 939 Swift Agricultural Chemicals Corp., easement 913 Tennessee, land in, conveyance 926 Thomas County Board of Commissioners, conveyance to 1523 United Daughters of the Confederacy, conveyance to 1531 Whitfield County, conveyance to 1537 MISCELLANEOUS RESOLUTIONS Apalachicola River Dam endorsed 1545

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Code Revision Committee created 922 Compensation of crime victims, study 919 Constitutional Amendment Advertising Study Committee 1526 Education concerning small businesses 920 Energy Extension Service Program authorized 1536 John C. Barrow Bridge, designated 4531 John Paul Jones Bridge, designated 3519 Joint highway litter, study 948 Justices of the peace study committee created 917 MARTA overview committee, repealer extended 912 Mental disability laws, study 936 Power plant siting, study 938 Public school curriculum, study 950 Salvage of paper in Capitol complex 933 Select Committee on Constitutional Revision, created 1528 Senate Committee on Economy, Reorganization and Efficiency abolished 930 Services for the aged, study 931 State Authorities Study Committee created 1544

Page 1755

GENERAL INDEX A ADMINISTRATIVE PROCEDURE ACT Medical practice, license changes 316 ADOPTION ACT OF 1977 Enacted 201 ADVERTISING Outdoor advertising regulated 263 AGRICULTURE Grain dealers, licensing and bonding 245 Leaf Tobacco Sale Act amended, nonauction dealer's license required 189 ALBANY, CITY OF Police arms and uniforms 4572 Utility service deposits 4574 ALCOHOLIC BEVERAGESLIQUOR, BEER AND WINE Hours of sale in certain counties (600,000 or more) 843 Hours of sale, on-premises, revised 1236 Local license required to obtain state license 791 Municipal excise tax 744 Restaurant sales authorized in certain counties (100,000-150,000) 560 Sale to Central State Hospital inmates forbidden (note: repealed, p. 1247) 183 Sunday sales regulated 844 Tax Act amended 1154 Wine Tax Act, enacted 1316 ALCOHOLISM Consent for emergency treatment 887 Treatment Act, effective date 644 AMBULANCES Standards, etc. 281 ANIMALS Hog cholera vaccine prohibited in Georiga 280 Prohibition on feeding garbage to swine broadened 225

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APPLING COUNTY Probate court, fee system abolished, etc. 4070 Sheriff's salary changed, etc. 4068 APPROPRIATIONS General 1335 General 5 Supplemental, Georgia Building Authority 3 Supplemental, for Labor Department 673 ATHENS, CITY OF Ad valorem tax millage increase 3385 Downtown Athens Development Authority created 3533 Employees' Pension Plan Act, amended 2700 ATKINSON COUNTY Jurisdiction of justices of peace, proposed amendment to Constitution 1620 Sheriff's salary changed 3462 Superior Court clerk's salary changed 3458 ATLANTA, CITY OF Appropriations committee 4577 Charter amended, budget provisions changed 3274 Contracts 4584 Homestead exemption for low income persons, proposed amendment to Constitution 1587 Qualifications of councilmen 4589 ATTORNEYS Fees in alimony cases 312 AUSTELL, CITY OF Discount from ad valorem taxes, proposed amendment to Constitution 1609 Homestead exemption for aged residents, proposed amendment to Constitution 1610 AVONDALE ESTATES, CITY OF Corporate limits changed 2763 Development Authority created 2756 B BACON COUNTY Board of Commissioners, chairman's salary changed 3356 Probate judge's compensation changed, etc. 3364

Page 1757

Sheriff's salary changed, prisoners' food provided, etc. 3361 Superior Court clerk's salary changed 3367 Tax Commissioner's salary changed 3358 BAIL Bail Bond conditions changed 179 Felony, sometimes mandatory 346 BAKER COUNTY Board of Education, filling vacancies 2603 Board of Education, salary changes 4039 BALDWIN COUNTY Commissioners, self-insurance authorized 2633 Magistrate's Court created 3197 Probate judge's salary changed 2788 BANKS COUNTY Board of Commissioners, salary changed 3901 Coroner's salary and expenses, etc. 3903 Sheriff's auto, etc., authorized 3900 BARNESVILLECOUNTY OF LAMAR DEVELOPMENT AUTHORITY Disposition of land; proposed amendment to Constitution 1565 BARTOW COUNTY Sheriff, auto provisions 4013 BEN HILL COUNTY Small Claims Court created 2972 BIBB COUNTY Board of Commissioners, elections changed, etc. 3752 Civil Court, authority for appointment of judge pro tem expanded 3453 Civil Service System and Board changed 2813 Recall of Commissioners 3255 BLECKLEY COUNTY Commissioner's expense allowance 3944 Probate Court, salary changes 3663 Sheriff's and deputies' salaries changed 3667 Superior Court salaries changed 3665 Tax Commissioner's salary changed 3670

Page 1758

BOARD OF ATHLETIC TRAINERS Created 1123 BOARD OF BARBERS Changed 223 BOARD OF EDUCATION Compensation changed 226 BOARD OF PARDONS AND PAROLES To supervise conditional release 1209 BOARD OF REGENTS Compensation changed 226 BOARD OF TAX EQUALIZATION Notice of decision, requirements changed 1009 BOATS AND BOATING Boat Safety Act amended, equipment 1182 BOWDON, CITY OF Homestead exemption, proposed amendment to Constitution 1602 BOWERSVILLE, TOWN OF New charter 3482 BRANTLEY COUNTY Certain court and tax personnel, etc. 3381 Cost of living increases for certain officials 3292 BRASWELL, CITY OF City limits 4594 BREMEN, CITY OF Corporate limits changed 3817 Elections, changes 4111 BROOKS COUNTY Chief deputy sheriff's salary 3961

Page 1759

Justices of Peace, jurisdiction increased, proposed amendment to Constitution 1581 BRYAN COUNTY Small Claims Court created 4504 State Court, judge's and solicitor's eligibility requirements changed 3205 Treasurer abolished, etc. 3215 BUENA VISTA New charter 3405 BULLOCH COUNTY Board of Commissioners, assistants' compensation changed 3150 Sheriffs' and deputies' compensation changed 3161 BUTTS COUNTY Commissioners, adoption of budget 2958 Commissioners of Roads and Revenues, election of chairman 3065 Superior Court, disposition of criminal fines changed 4472 Tax Commissioner, receipt of fees 4015 C CABLE TELEVISION Unlawful to avoid payment 1170 CAMDEN COUNTY Certain officers' salaries changed 2693 CANDLER COUNTY Small Claims Court created 3132 CARROLL COUNTY Commissioner's compensation changed 2933 Coroner's salary changed 3328 Superior Court clerk's salary changed 2935 CARROLLTON, CITY OF Charter amended, police court matters, etc. 3946 Homestead exemption, proposed amendment to Constitution 1596

Page 1760

CATOOSA COUNTY Commissioner's salary changed 3349 Hospitalization insurance for certain officials 3347 Sheriff's office, fiscal administration 3370 Superior Court clerk's salary changed 3073 CAVE PROTECTION ACT OF 1977 Enacted 833 CEDARTOWN, CITY OF Miscellaneous changes 4601 CEMETERIES Reclamation of abandoned lots, procedure 1249 CHARLTON COUNTY Justices of peace, proposed amendment to Constitution 1616 CHATHAM COUNTY Probate judge may preside in State Court 3525 Probate Court, salary scale for judges 3932 State Court costs and deposits changed 3538 State Court, judicial vacancies 3654 Treasurer's duties transferred to Finance Director 2794 CHATSWORTH, CITY OF Charter amended, boundaries changed 2865 CHATTAHOOCHEE COUNTY Sheriff's salary 3892 CHATTOOGA COUNTY Commissioner's salary and powers 3865 CHAUNCEY, CITY OF New charter 4146 CHESTER, TOWN OF New charter 4486 CHILD SUPPORT District attorney, to assist in enforcement 722

Page 1761

Method of establishing debt 643 Recovery Act, clarified 1279 Uniform Reciprocal Enforcement of Support Act, determination of paternity 699 Wage assignments 897 Where no divorce decree 619 CHILDREN Adoption Act of 1977 201 Child abuse, reporting required of certain persons 242 Immunizations for day care attendance 787 Interstate Compact on Placement of Children, Georgia joins 578 Troubled children study committee created 237 CIVIL DEFENSE 1951 Civil Defense Act amended, Governor's energy crisis powers set 192 CLARKE COUNTY Athens-Clarke County Magistrate's Court created 4450 Board of Elections, employees, etc. 4316 State Court, juror provisions changed 4523 CLAYTON COUNTY Board of Commissioners, salary changed 2610 District attorney, salary supplement 2856 Hospital Authority, appointment of members 2614 Probate judge's salary changed 2851 State Court, solicitor's salary changed 3692 Superior Court clerk's and sheriff's salaries changed 2857 Tax Commissioner's deputy, salary changed 4028 Tax Commissioner's salary changed 2853 CLINCH COUNTY Board of Commissioners' salary changed 3460 Deputy sheriff's compensation changed 3464 Justices of peace, proposed amendment to Constitution 1618 Tax Commissioner's compensation changed 3466 COBB COUNTY Board of Commissioners' salary changes 3694 Certain officers' salaries, etc. 3938 Civil Service System Act 4550 Civil Service System Act amended 3208 Justices of peace, jurisdiction increased, proposed amendment to Constitution 1585

Page 1762

Juvenile Court judge's salary changed 4314 State Court, clerk's salary 3870 State Court, judges' compensation changed 3690 State Court, jurisdiction, etc. 3188 Tax Commissioners, salary changes 4025 State Court, solicitor's compensation 3872 CODE OF PUBLIC TRANSPORTATION Mass transit provisions 817 COFFEE COUNTY Certain officials, salary changes 3699 Small Claims Court; procedures changed 2918 State court, management changes 2731 COLQUITT COUNTY Administrator, removal without cause 4120 COLUMBIA COUNTY Sheriff's salary supplemented 2719 Superior court clerk's salary supplemented 2698 COLUMBUS, CITY OF Columbus-Muscogee, officials' salaries changed 3378 COPYRIGHT License fee for collecting rent on copyrighted music, etc., repealed 295 CONSERVATION RANGER ACT Amended, salaries 1517 CONSUMERS' UTILITY COUNSEL ACT OF 1977 Enacted 537 CORONERS Salary provided in certain counties (28,300-29,600) 345 CORPORATIONS Corporation Code amended 324 Disclosure in takeover bids 649 COUNCIL ON AGING Created 815 COUNTY AIRPORT AUTHORITY ACT Enacted 1136 COVINGTON, CITY OF Advertisement of zoning changes 4606

Page 1763

COWETA COUNTY County constitutional officers included in pension act 2772 Sheriff's compensation changed 2774 Treasurer's duties vested in Clerk of Board of Commissioners 2770 CRAWFORD COUNTY Sheriff's salary changed 3124 Superior court clerk's salary changed 3126 Tax commissioner's salary changed 3128 CRIME INFORMATION CENTER Release of Information 1243 CRIMES Bad checks, evidence 1266 Burglary to encompass railroad cars and aircraft 895 Commercial gambling 747 Compensation of victims, study 919 Dicharge of firearm on another's property 1333 Disposition of weapons involved, motor vehicles excepted 1131 False call for ambulance, misdemeanor 797 Fraudulent obtaining of public housing 1332 Jurisdiction of certain criminal appeals now to be in Court of Appeals 710 Misrepresentation of auto insurance, misdemeanor 807 Necrophilia defined 315 Speed traps, misdemeanor 800 Telephone solicitations, false statements prohibited 601 CRIMINAL PROCEDURE Insane or mentally incompetent defendants 1293 Post-arrest procedure, by private persons 902 CRISP COUNTY Small Claims Court, changes 4346 CULLODEN, CITY OF Charter amended 4609 CUMMING, CITY OF Terms of mayor and council changed 3914

Page 1764

D DALTON, CITY OF Electrical power 4612 Employees' retirement changed 2601 DAWSON COUNTY Board of Education provided 3529 Sheriff's salary changed 3527 DAWSONVILLE, CITY OF Suspension of Recorder's Court under certain circumstances 3254 DECATUR, CITY OF Exempted from limitation on right to tax 2655 DECATUR COUNTY Sheriff's salary changed 2689 DEKALB COUNTY Board of Education Study Committee created 4535 C.E.T.A. Study Commission created 4528 County Employees Retirement Fund Study Commission created 4527 Government Study Committee created 4532 School tax reduction, proposed amendment to Constitution 1606 DEPARTMENT OF COMMUNITY AFFAIRS ACT Enacted 381 DEPARTMENT OF PUBLIC SAFETY Employee excellence award 246 G.B.I. to assist in criminal investigations 752 Logistics officer and comptroller provided for 228 DEVELOPMENT AUTHORITIES LAW Amended, project defined 789 DISTRICT ATTORNEYS Comprehensive regulations 1257

Page 1765

DIVORCE Divorce and alimony, procedures changed 1253 DODGE COUNTY Small Claims Court created 4135 DOOLY COUNTY Small Claims Court jurisdiction changed 3655 DOUGHERTY COUNTY Board of Commissioners, vice-chairman authorized 4041 District attorneys, etc.; salary supplements 2777 Salary supplements for certain officials authorized 3138 Superior Court clerk's salary 3965 DOUGLAS COUNTY Board of Commissioners' salary changed 3028 Certain officials' salaries changed 3031 DRIVERS' LICENSES (See also Motor Vehicles) Bearing Jimmy Carter's signature, owner may keep 576 Limited permits for first offenders 648 Point schedule revised 1235 Trial of traffic cases, etc. 1038 DRUGS Controlled Substances Act, additions and exemptions 1287 Pharmacists, disciplinary procedures 625 Pharmacists, substitution of generic products 1093 DUDLEY, CITY OF New charter 2657 E EARLY COUNTY Salary changes, sheriff's office 2505 EAST POINT, CITY OF Mayor's veto 4615 Salaries 4620

Page 1766

EATONTON, CITY OF Charter amended, provisions regarding mayor and aldermen changed 3236 ECHOLS COUNTY County court judge's salary changed 3480 Probate judge's salary supplement provided 3512 Superior Court clerk, salary supplement 3510 ECONOMIC DEVELOPMENT COUNCIL Membership 865 EDUCATION Agency for surplus property authorized 679 Allocation of personnel 988 Authorization for demonstration school systems, etc. 984 Compact for Education, enacted 975 Compensatory education, expenses 986 Concerning small businesses 920 Corporal punishment 1290 Curriculum Laboratory established, proposed amendment to constitution 1564 Extension of student incentive scholarship program 750 Financing for cooperative education service agencies 997 Public school facilities, policy 1003 School law controversies, settlement procedures 875 State-wide kindergarten, established 1001 Student loans, amounts, lenders, etc., changed 748 Student loans to National Guardsmen 739 Teachers, accumulated sick leave, no need to explain taking 798 Teachers, paid jury duty leave 800 Teachers, sick leave, cumulation, etc. 972 Workshops for local board members 711 EFFINGHAM COUNTY Probate court, salaries and personnel 4010 State Court, court's fund, procedures 3942 ELBERT COUNTY Board of Commissioners; chairman's salary changed 2860 Small Claims Court created 2940 ELECTIONS Campaigns disclosure, terms defined 1302 Code provisions changed 303

Page 1767

Districts, notices of changes in certain counties (500,000 or more) 1199 Election Code amended 1053 Election Codes amended, absentee ballots authorized 550 Election Code amended, no candidate may campaign at polling places 174 Municipal Election Code amended, no candidate may campaign at polling places 173 No campaigning near polling places 176 Sample ballots 1197 Superintendents to prepare sample ballots 1198 Venue, presiding judge 175 Voter's certificate changes 313 EMERGENCY TELEPHONE NUMBER 911 SERVICE ACT OF 1977 Enacted 1040 ENERGY Efficiency standards for buildings 769 EVANS COUNTY Board of Commissioner's compensation changed 3249 Small Claims Court created 2616 State Court, judge's and solicitor's compensation changed 3242 EVIDENCE Hearsay, statements made for medical diagnosis admissible 226 F FAYETTE COUNTY Board of Commissioners, terms and titles 4264 Small Claims Court created 4243 FAYETTEVILLE, CITY OF Recorder's Court jurisdiction changed 4261 FINANCIAL INSTITUTIONS CODE Amended 730 FIREMEN Felons sometimes employable 1224 Fire officials may require loss reports from insurance companies 1232

Page 1768

Firefighter Standards and Training Act, amended 549 FITZGERALD, CITY OF Fitzgerald Redevelopment Authority created 3766 School tax changed 3147 FLOWERY BRANCH, CITY OF Charter amended, Police Court provisions changed 3247 FORSYTH, CITY OF New charter 3981 FRANKLIN, CITY OF Recorder's Court 4625 FULTON COUNTY Board of Education, pension increase, proposed amendment to constitution 1562 District Attorney to appoint crime investigators, etc. 3330 Homestead exemption, income, proposed amendment to constitution 1574 Judges' and solicitors' retirement benefits increased 3277 Pensions for Board of Education employees, military credit expanded 3184 Retirement, judges' and solicitors' widows' benefits expanded 3186 State Court, solicitor's personnel changed 3181 FULTON COUNTY INDUSTRIAL DISTRICT Created, proposed amendment to constitution 1569 G GARFIELD, CITY OF New charter 4319 GARNISHMENTS Additional time allowed defaulting garnishees 783 Government employees, certain liabilities exempted 634 Judicial supervision and notice to debtors 159 GAME AND FISH Game and Fish Code of 1977 396 Hunting certain species temporarily prohibited 171

Page 1769

GENERAL ASSEMBLY Court continuances for attendance on 760 Four year terms; proposed amendment to constitution 1556 Limitation on who may serve 683 GEOLOGISTS Registration of Geologists Act of 1975 amended 746 GEORGETOWN, CITY OF New Charter 3724 GEORGIA SPECIAL ADULT OFFENDER ACT OF 1975 Effective date changed 846 GLASCOCK COUNTY Sheriff's compensation changed, etc. 2767 Taxes, exemption, proposed amendment to constitution 1621 GLYNN COUNTY Probate Court, deputies' salaries changed 4470 Sheriff's office, employees 4466 Tax Commissioner, employees, changes 4109 GRAND JURY Qualifications changed 341 GREENE COUNTY Small Claims Court, minor changes 4480 GUARDIANS For incompetents, official authorized 896 GWINNETT COUNTY Board of Commissioners Act amended, definitions 2804 Commissioners' salary changed 2646 Land conveyance authorized, to Gwinnett Livestock and Fair Association, Inc. 2801 Salary changes, certain officers 2643 Special Investigator for State Court solicitor abolished 2503 State Court recreated 3331 State Court, salary changes 4516 Tax Commissioner's salary changed 2640

Page 1770

H HABERSHAM COUNTY State Court judge and solicitor, salary changes 2606 HAHIRA, CITY OF Telephone Authority Act 2585 HALL COUNTY Commissioners' police power 4033 HAMPTON, CITY OF Charter amended, collection of service charges, etc. 4132 HANCOCK COUNTY Deputy sheriff's salary 4089 Small Claims Court, minor changes 4477 HANDICAPPED PERSONS Access provided to buildings, etc. 552 HARALSON COUNTY Commissioner's compensation changed 2914 Recorder's Court 4631 Treasurer's salary changed 2916 HARRIS COUNTY Governing authority, financial records 3967 Superintendent of schools, financial accounting 3970 Tax Commissioner, salary change 4052 HAWKINSVILLE, CITY OF Charter amended, tax matters 3672 HAZLEHURST, CITY OF Election date changed 4030 HEALTH Cancer program established 753 Health code, persons to conduct hearings 309 Meat Inspection Act, rabbits excepted 849 Premarital syphilis, serological test 737

Page 1771

HENRY COUNTY Board of Education, salary changes 4122 Business regulations, violations to be misdemeanors 4485 Coroner's salary and expenses 4127 Probate Court judge's salary changed 4130 Sheriff and Superior Court clerk, salary changes 4124 Water and Sewerage Authority, salary changes 4129 HIGGSTON, TOWN OF Charter amended, officers' terms changed, etc. 2961 HINESVILLE, CITY OF Charter amended, Mayor's Court Renamed Recorder's Court 3514 HOSPITALS Disciplinary actions against doctors, reporting 257 Lien Act amended 277 HOUSTON COUNTY Board of Education, salaries, proposed amendment to constitution 1608 Board of Education, seven members, proposed amendment to constitution 1591 Board of Education to appoint School Superintendent, proposed amendment to Constitution 1589 Juvenile court, place of sessions 2928 I IMPLEMENTATION OF GOVERNMENTAL COOPERATION ACT Amended 782 INDIANS Indian Housing authorities established 767 State Commission of Indian Affairs, established 764 INSURANCE Additional deposits required of unsound insurers 878 Cancellations, lienholders affected 877 Farm Credit System, certain institutions prohibited to sell 1283 Insurance Code, waiver of penalties 1281 Pregnancy coverages 1229

Page 1772

Public school employees; plan changes 991 State employees' health insurance, administrative services 884 INTEREST Certain installment loans, changed 698 Transactions secured by realty, 10% allowed 1221 IRWIN COUNTY Board of Commissioners' compensation changed 2707 Deputy sheriff's compensation changed 2714 Sheriff's secretary, compensation changed 2712 Sheriff's special deputies, compensation changed 2710 IRWINTON, TOWN OF Hiring temporary policemen 4636 J JEFF DAVIS COUNTY Board of Commissioners, expense changes 4073 Probate Court, judge's and clerk's salaries changed 4075 Sheriff's salary changed 4078 Small Claims Court created 4097 Superior Court clerk and Tax Commissioner, salary changes 4081 JEFFERSONVILLE, CITY OF Charter amended, City Council composition and elections, etc. 3608 JENKINS COUNTY Tax Commissioner, personnel salaries, etc. 3848 Probate Court, salaries and personnel, etc. 3851 Sheriff's personnel, etc. 3843 State Court, authority to set salaries of judge and solicitor 3846 Superior Court, clerk's personnel, etc. 3840 JENKINSVILLE, TOWN OF Certain officers' compensation changed 3763 JOHNSON COUNTY Board of Commissioners, expense allowances 3863 Sheriff's office, personnel, etc. 2930

Page 1773

JONES COUNTY Probate court, internal matters 2638 Sheriff's salary changed, etc. 2630 JUSTICES OF THE PEACE Compensation in criminal cases changed 199 Fee schedule 196 JUVENILES Emergency mental hospitalization 774 Juvenile Code amended, deprived children 700 Juvenile Court Code amended 1237 Juvenile Court Code, jurisdiction 181 Juvenile Court Judge Pro Tem, appointment 812 K KENNESAW, CITY OF Charter amended, boundaries changed 3221 L LAGRANGE, CITY OF Charter amended, corporate limits expanded 2985 LAMAR COUNTY Board of Commissioners, salary changes 4170 Residence requirements, sheriff, repealed 4017 LANIER COUNTY Tax Commissioner's compensation changed 3290 LAURENS COUNTY City of Dublin, County of Laurens Development Authority, created 3075 Probate judge's compensation changed 2807 State Court judge's and solicitor's salary changed 2809 Tax Commissioner's salary changed 2992 LAWRENCEVILLE, CITY OF New Charter 3164

Page 1774

LEESBURG, CITY OF Charter amended, limits changed 2544 Recorder's Court 4639 LIBERTY COUNTY Small claims court, jurisdiction changed 3523 Superior Court, provisions relating to sheriff changed 3520 LICENSES See also Drivers' Licenses, Medical Practice, and Motor Vehicles Business licenses, investigator's conflict of interest prohibited 1197 Cosmetology, changed 803 Itinerant shows and peddlers, changed 297 Marriage and family counseling, qualifications amended 892 Practical nurses, qualifications changed 1200 Real estate brokers and salesmen, changes 880 Real estate, business license tax, changes 344 LESLIE, CITY OF New charter 3614 LIENS Mechanics' and materialmen's, recording clarified, etc. 675 LINCOLN COUNTY Tax Commissioner, commissions regulated 3923 LITHONIA, CITY OF Charter amended, recorder's qualifications changed 3252 LOANS Industrial Loan Act amended, monthly maintenance charges decreased 288 LONG COUNTY Board of Education, membership provisions 3293 Sheriff's auto expenses 3855 LOWNDES COUNTY Small Claims Court, proceedings changed 2736 LUMPKIN COUNTY Commissioner's compensation changed 4114

Page 1775

New charter 3703 Sheriff's compensation changed 4118 Superior Court clerk and Probate Judge, salary changes 4483 Tax Commissioner's compensation changed 4116 M MACON CITY OF Firemen and Police, survivors' benefits increased, proposed amendment to constitution 1612 Pension plan 4647 New charter 3776 Police and fire departments 4653 Powers of Municipal Court Judge 4656 MARIETTA, CITY OF Board of Education, salary changes 3697 New charter 3541 MARION COUNTY Board of Commissioners, expenditures 2969 Tax Commissioner's compensation changed 2937 McINTOSH COUNTY Deputy sheriffs authorized, etc. 3861 Probate Court judge's salary changed 3857 Superior Court clerk, salary and personnel 4006 Tax Commissioner, allowances for employees 3859 MEDICAL PRACTICE Administrative Procedure Act, medical license changes 316 Bodily substance tests, exemption from liability 1036 Department of Medical Assistance to administer State Plan, etc 384 Licensing requirements changed 334 Non U.S. citizens, licensing 332 Revocation of license 317 MENTALLY ILL Consent for emergency treatment 889 Liquor sales to Central State Hospital inmates forbidden 183 MENTALLY RETARDED Emergency treatment, consent 886

Page 1776

MERIWETHER COUNTY Public Facilities Authority Act 3820 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Bonds authorized as security for public deposits 724 Certain competitive bidding waived 1312 Chairman of Board, salary changed 1211 Overview committee, repealer extended 912 METTER, CITY OF Charter amended, elections, terms of office changed 3143 MILLEDGEVILLE, CITY OF Charter amended, city council's powers, etc. 3201 MILLER COUNTY Conveyance of Real Property to Board of Commissioners authorized 3516 Superior Court Clerk's compensation changed 2508 MOBILE HOMES Fire Commissioner's authority 879 Movement of extra-wide vehicles on highways 321 MONROE COUNTY Board of Education, grand jury to fill vacancies 3351 Certain boards not to be charged for tax collection services 3298 Probate Court, judge's salary etc. 4388 Sheriff's compensation change 2753 Tax Commissioner's office, operations, etc. 3916 MORELAND, TOWN OF Election changes 4095 MORGAN COUNTY Certain officers' compensation changed 2741 MORROW, CITY OF Election date changed 3963 Homestead exemption for disabled aged increased proposed amendment to constitution 1614

Page 1777

MORVEN, TOWN OF Mayor and council, elections and terms changed 3815 MOULTRIE, CITY OF Special district created 4660 MOUNTAIN CITY, TOWN OF Mayor and Council terms changed 3751 MOUNTAIN PARK, CITY OF Condemnation powers granted 3652 MOTOR VEHICLES See also Drivers' Licenses Abandoned autos, definition 253 Antique auto license tags 596 Certificates of title, duplicates 252 Condemnation in liquor cases, changed 632 Drivers' license provisions changed 307 Excepted from disposition as weapon used in crime 1131 Fee on transfer of license tags 595 Flashing lights, regulated 1012 Jurisdiction of certain offenses changed 1039 Jurisdiction of traffic cases 1037 Left turn allowed on red, in certain conditions 278 Licensing, Revenue Commissioner to regulate applications for registration 697 National Guard license tags, transferable 593 Physicians may report vision defects affecting driving, etc. 890 Rear wheel flaps not required on certain vehicles 247 Registration requirements of manufacturers, etc., changed 591 Revenue Commissioner to regular display of tags, etc. 596 Motor Vehicle Safety Responsibility Act 1014 To be moved off road following accidents 742 Unlawful to bring into state or sell, with odometer turned back 1227 Width regulations; 14 foot wides allowed on highways 321 MUNICIPALITIES Ad valorem taxation, changes 1226 Taxation, for benefit of development authorities 1034 MURRAY COUNTY Certain officers' salaries changed 3760 Commissioner's salary changed 3757

Page 1778

MUSCOGEE COUNTY Board of Education, contracting authority changed 3353 Columbus-Muscogee, officials' salaries changed 3378 Probate judge's salary increased 2782 Sheriff's salary changed 2786 State Court officers' salaries changed 2778 Superior Court clerk's salary changed 3113 Tax Commissioner's salary changed 2784 N NEWNAN, CITY OF Retirement plan 4667 NEWTON COUNTY Board of Commissioners' salaries changed 3259 Probate Judge's compensation changed 3268 Sheriff's compensation changed 3265 Superior Court clerk's compensation changed 3271 Tax Commissioner's salary changed 3262 NONPROFIT BINGO LICENSING ACT Enacted 1164 NORCROSS, CITY OF New charter 2546 O OAKWOOD, CITY OF Charter amended, Recorder's Court fines changes 3244 OCONEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Membership changed, proposed amendment to constitution 1582 OIL AND GAS Leases limited to 10 years 762 P PALMETTO, CITY OF Charter amended, election provisions 3688

Page 1779

PARROTT, TOWN OF Election date changed 3131 PAULDING COUNTY Tax Commissioner's salary changed 4350 PAVO, CITY OF Charter amended, Fire Department duties changed 2862 PAWN BROKERS Records required 1194 PEACE OFFICERS Campus police, arrest power 1160 Certification standards changed 712 Disability benefits changed 682 Examinations for candidates 1180 Functions of standards, etc., clarified 717 Registration for those exempt from training 713 PELHAM, CITY OF New charter 3034 PIERCE COUNTY Board of Education, elections, etc. 2924 State Court judge's and solicitor's salaries changed 2966 PIKE COUNTY Probate Court judge, salary and procedures, etc. 3934 Superior Court clerk's salary changed 4448 Tax Commissioner, minimum compensation for deputy 3949 PLAINS, CITY OF Charter amended, Municipal Court created 3649 POLITICAL SUBDIVISIONS Safety deposit boxes authorized 672 POLK COUNTY Board of Commissioners, salary changes 4019 PORTERDALE, TOWN OF Council meetings changed 3343

Page 1780

POWDER SPRINGS, CITY OF Charter amended, Art. VIII repealed 2653 Charter amended, corporate boundaries changed 3218 PROFESSIONAL STANDARDS COMMISSION Services by members 999 PRACTICE AND PROCEDURE Administrative Procedure Act amended, rules 1520 Jurisdiction; long arm statute amended 586 Jurisdiction of traffic cases 1037 PRESTON, CITY OF New Charter 2994 PRISONS Production of prisoners for out-of-state proceedings 847 Sanitation inspections, required less often 761 PUBLIC ACCOUNTANCY ACT OF 1977 Enacted 1063 PUBLIC DOCUMENTS Directors of Archives authorized to recover 567 Stealing or altering, provisions changed 568 PUBLIC SECURITIES Facsimile signatures authorized 633 PUBLIC TRANSPORTATION CODE Airport development provisions 868 Definition of construction changed 267 Department of Transportation, assistance to railroads 870 Self-liquidating redefined 1285 PULASKI COUNTY Commissioners' salaries changed 3674 Probate Court, salary changes 3683 Sheriff's office, salaries changed 3678 Superior Court clerk's salary changed 3680 Tax Commissioner's and deputies' salaries changed 3676

Page 1781

Q QUITMAN, CITY OF Board of Commissioners' salaries changed 3604 R RABUN COUNTY Superior court clerk's salary changed 2629 RANDOLPH COUNTY Small Claims Court created 3440 REAL ESTATE BROKERS Deceased, payments to estate 691 REAL PROPERTY Certain tax sale redemption act repealed 295 RESIDENTIAL FINANCE AUTHORITY ACT Amended 259 Investment provisions changed 603 RETIREMENT See also Teachers Dalton, City of, employees' retirement changed 2601 Employees' Retirement System Act amended, life insurance eligibility changed 670 Firemen's pension act amended, certain municipalities (300,000 or more) 320 Municipal employees' pensions, refunds in certain cities (more than 150,000) 1169 Pension act amended in certain counties (300,000 or more) 318 Policemen's pension act amended, certain municipalities (300,000 or more) 319 Public school employees, benefits changed 597 Public school employees, prior service credits, etc. 311 Sheriffs, benefits, increased 1291 Sheriffs Retirement Fund bond deleted, etc. 645 Superior Court judges, procedures upon member's withdrawal 607 Teachers, allowance changed 599 Teachers benefits increased 1011 Teachers, changes 825 Teachers, coverage changed 1135

Page 1782

Teachers, options upon divorce 841 State employees, service for retirement 1096 REVENUE Ad valorem tax, homes for aged exempted 1152 Certain ad valorem tax provision for sinking fund deleted 294 Certain tax delinquency provisions changed, etc. 292 Certain taxation terms concerning net income conformed to U.S. Internal Revenue Code 723 Cigarette tax stamp, requirements changed 293 County property taxes, collections pending appeal 903 County taxes, development of trade 845 Death benefits, exempt organizations, deductible from income tax 1133 Double tax for failure to file, repealed 196 Homestead exemption expanded, certain counties (10,450-10,650) 1314 Income tax, dependent care expenses 772 Intangible property taxes, notes secured by real property, changes 635 Malt beverage tax act amended 1154 Motor vehicle tax, exemption for disabled veterans proposed amendment to constitution 1578 Municipal ad valorem tax, changes 1226 Municipal excise taxes, on alcoholic beverages other than beet 744 Municipal taxation, for benefit of development authorities 1034 Penalty tax on corporations, changed 297 Personal property tax exemption, deleted 299 Sales tax amended, certain institutes exempted 590 Sales taxmillage changed for multi-county cities 1008 Tangible Property Tax Act amended, installment payments 622 Tax collectors, certain record keeping not required 291 Tax on real property transfers, certain deeds exempted 680 Taxation of transients' property 301 RICHMOND COUNTY Board of Commissioners, bond required 4559 Employees, compensation and organization 3701 Facsimile signatures on certain checks, etc. 3344 ROCKDALE COUNTY Board of Commissioners created 2817 Coroner's salary changed 2839 County commissioner's salary changed 2840 Probate Court salaries changed, etc. 2842

Page 1783

Public Defender's salary changed 2846 Rockdale-Newton boundary changed 2983 Sheriff's office, personnel and salaries, etc. 2848 Superior Court salaries changed 2844 Tax Commissioner's personnel; salary changes 2837 ROME, CITY OF Charter amended; Board of Education's salaries set 2797 ROOPVILLE, TOWN OF Homestead exemption, proposed amendment to constitution 1604 ROSSVILLE, CITY OF Charter amended, terms of office changed 2873 S SANITARIANS Professional sanitarians, act amended 1108 SAVANNAH BEACH TYBEE ISLAND, CITY OF Charter amended, elections changed 2877 SAVANNAH, CITY OF City and county public employees, pensions, prior service redefined, etc. 3959 Mayor etc. may issue bonds, proposed amendment to constitution 1583 SAVANNAH PORT AUTHORITY Development powers changed 184 Industrial development powers expanded 898 SCHLEY COUNTY Board of Commissioners, terms staggered, etc. 2952 Board of Education, terms staggered, etc. 2952 SCREVEN COUNTY State court judge's and solicitor's salaries changed 3152 SHARON, CITY OF Charter amended, election provisions 3748

Page 1784

SHERIFFS See named counties for salary changes Qualifications changed 1171 Retirement benefits increased 1291 SMALL CLAIMS COURT Ben Hill, created 2972 Bryan County, created 4504 Candler County, created 3132 Certain counties, jurisdiction and costs changed (6415-6505) 2649 Coffee County, procedures changed 2918 Created in certain counties (7040-7055) 270 Dodge County, created 4135 Elbert County, created 2940 Evans County, created 2616 Fayette County, created 4243 Jeff Davis County, created 4097 Jurisdiction and costs changed in certain counties (34,500-39,500) 177 Lowndes County, proceedings changed 2736 Randolph County, created 3440 Thomas County, created 4043 Walton County, created 4057 SMITHVILLE, CITY OF New charter 2510 SMYRNA, CITY OF Charter amended, corporate limits increased 3906 SPALDING COUNTY Certain officers, salary changes 4217 Coroner's salary changed 4238 Tax Commissioner's compensation changed 2791 STATE EMPLOYEES Coercive solicitation of political contributions, prohibited 1035 Self-dealing, some professionals exempted 813 Service for retirement changed 1096 STATE EXAMINING BOARDS Joint-secretary, provisions changed 758

Page 1785

STATE GOVERNMENT Agencies, self-insurance 1051 Development of state-owned realty, expenditures 872 State contractors, nonprofit, reporting requirements 1045 Regulatory agencies, review and termination 961 STATE PARKS Certain uses prohibited 1175 STATE PROPERTIES CONTROL CODE Amended, members reduced, etc. 685 STEPHENS COUNTY Board of Commissioners' compensation changed 3905 Development Authority, payment for pollution control 3838 School districts set 3875 School superintendent authorized 3880 STEWART COUNTY Deputy sheriff's salary changed 3880 STRUCTURAL PEST CONTROL ACT Amended, definitions changed 701 SUMMERTOWN, TOWN OF Mayor and Council, terms to be two years 3853 SUPERIOR COURTS Superior Court clerks' minimum salaries changed 547 SUPREME COURT Authorized to answer certified questions from federal courts 577 Jurisdiction of certain criminal appeals transferred to Court of Appeals 710 T TALBOT COUNTY Superior court clerk's compensation changed 2744 TALLULAH FALLS, TOWN OF Fines imposed by mayor and council 4008

Page 1786

TAYLOR COUNTY Tax Commissioner's salary changed 3120 TATTNALL COUNTY Sheriff's compensation changed 3156 Superior Court clerk's compensation changed 3154 TAX ASSESSORS Age requirements 666 Certain persons ineligible 302 Equalization Boards, qualifications changed 588 Reporting of building permits 1130 TAX COLLECTORS Certain record keeping not required 291 Salary act amended in counties where 50% of population reside on U.S. property 187 Settlement and reporting duties, certain counties (30,000 or more) 1162 TAX COMMISSIONERS Compensation changed in certain counties (180,000-190,000) 347 Salary act repealed in certain counties (35,000-44,000) 234 TAX RECEIVERS Entry on tax digests, etc. 300 Statistics of the blind, repealed 172 TEACHERS Retirement benefits increased 1011 Retirement, certain university, etc., personnel eligible 1159 Retirement, coverage changed 1135 TEMPLE, CITY OF Charter amended, city limits changed 4519 Homestead exemption, proposed amendment to constitution 1598 THOMAS COUNTY Board of Commissioners, compensation changed 2705 Small Claims Court created 4043

Page 1787

THOMASTON, CITY OF Method of filling official vacancies 4054 TIFT COUNTY Board of Commissioners, chairman's salary 4086 Probate Court judge, Commissioners to fix salary 4475 Sheriff's salary 4084 Superior Court clerk, salary to be fixed by Commissioners 4474 Tax Commissioner's salary 4088 TIFTON, CITY OF Annexation referendum authorized 3894 New charter 4353 TOCCOA, CITY OF City limits expanded 4391 TOOMBS COUNTY Board of Commissioners, elections, districts, etc. 3927 TOURISTS Tourist center provided near home of U.S. President in Georgia 200 TOWNS COUNTY Board of Education to appoint school superintendent 3974 Superior Court clerk, salary and assistants, etc. 3972 Tax collector, salary provided 4464 Water and Sewerage Authority Act changed 2694 TRAFFIC Hours for headlights specified 667 TRAPPERS AND FUR DEALERS Regulations 1270 TREUTLEN COUNTY State Court, judge's salary 3883 State Court, jury trials 3886 TROUP COUNTY Airport Authority established 3387

Page 1788

Board of Commissioners, elections and salaries changed 3282 Sheriff's and deputies' salaries changed 3606 Small Claims Court, judge pro hac vice 3279 TRUSTS Merger of trust into corporation, procedures 719 TWIGGS COUNTY Board of Commissioners, changes 3611 Probate Court, management changes 2727 Superior Court clerk's salary changed 2721 Tax Commissioner's compensation changed 2724 U UNADILLA, CITY OF New charter 3079 UNEMPLOYMENT COMPENSATION Changes 850 Fraud, limitations 781 UNION CITY Homestead exemption for aged, low-income residents, proposed amendment to constitution 1572 Probate judge, compensation changed 2703 Sheriff's salary changed 3122 UPSON COUNTY Probate judge's compensation changed 2749 Sheriff's compensation changed 2751 V VALDOSTA, CITY OF City limits changed 4273 VIENNA, CITY OF New charter 2880 VILLA RICA, CITY OF City Manager and Attorney, changes 4092 Homestead exemption, proposed amendment to constitution 1600

Page 1789

VOTING Challenge of absentee; ballot 725 Preparation of absentee ballots 684 Requirements for absentee ballots 683 W WALKER COUNTY Commissioner's salary changed 4344 Superior Court salary changes 2870 Tax Commissioner, salary and expense fund created 3322 Water and Sewerage Authority Act 3303 WALTON COUNTY Cost of living increases for certain officials 3924 Small Claims Court created 4057 WARE COUNTY Justices of the peace, proposed amendment to constitution 1617 WAREHOUSES Warehouse Act amended, bonding requirements set 289 WARM SPRINGS, CITY OF Mayor's and Council's compensation changed 2811 WARNER ROBINS, CITY OF Corporate limits set 3467 Qualifications of mayor, etc., changed 4671 Recall provisions changed for mayor and council 4036 WARREN COUNTY Board of Commissioners established 3951 Sheriff may appoint personnel 3233 Superior Court, deputy clerk's salary changed 3746 Tax Commissioner, salary and personnel, etc. 3919 WASHINGTON, CITY OF Charter amended, ordinance violations, penalties 2799 WASHINGTON COUNTY Probate judge's salary changed 3071 Sheriff's personnel and salary, etc. 3115

Page 1790

WATER Safe Drinking Water Act of 1977 351 Water Quality Control Act Amended 368 Water Well Standards advisory council, organization, etc. 1506 WAYNE COUNTY Sheriff's salary changed 3069 WEBSTER COUNTY Commissioner's clerk's salary changed 3744 Sheriff's personnel, salaries, etc. 3890 WHEELER COUNTY Tax Commissioner, annual salary 2963 WHITESBURG, CITY OF Homestead exemption, proposed amendment to constitution 1594 New charter 4173 WHITE COUNTY Banks as dispositories of county funds 4563 Commissioners' compensation changed 2717 Tax Commissioner, income and expenses, etc. 3685 WHITFIELD COUNTY Board of Commissioners' salaries changed 3455 WILCOX COUNTY Commissioners' salaries changed 3660 Commissioners' salary provisions changed 3661 Sheriff's salary changed 3658 WILKINSON COUNTY Sheriff's appointment power, personnel 3203 WORKMEN'S COMPENSATION Employers must permit inspections 771 Subsequent injury trust fund established 608 WORTH COUNTY State Court, Judge's and solicitor's compensation changed 2746 Y YEAR'S SUPPORT Notice provisions changed 545

Page 1791

POPULATION OF GEORGIA COUNTIES County 1970 1960 1950 1940 1930 1920 Appling 12,726 13,246 14,003 14,497 13,314 10,594 Atkinson 5,879 6,188 7,362 7,093 6,894 7,656 Bacon 8,233 8,359 8,940 8,096 7,055 6,460 Baker 3,875 4,543 5,952 7,344 7,818 8,298 Baldwin 34,240 34,064 29,706 24,190 22,878 19,791 Banks 6,833 6,497 6,935 8,733 9,703 11,814 Barrow 16,859 14,485 13,115 13,064 12,401 13,188 Bartow 32,911 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,171 13,633 14,879 14,523 13,047 14,599 Berrien 11,556 12,038 13,966 15,370 14,646 15,573 Bibb 143,366 141,249 114,079 83,783 77,042 71,304 Bleckley 10,291 9,642 9,218 9,655 9,133 10,532 Brantley 5,940 5,891 6,387 6,871 6,895 Brooks 13,743 15,292 18,169 20,497 21,330 24,538 Bryan 6,539 6,226 5,965 6,288 5,952 6,343 Bulloch 31,585 24,263 24,740 26,010 26,509 26,133 Burke 18,255 20,596 23,458 26,520 29,224 30,836 Butts 10,560 8,976 9,079 9,182 9,345 12,327 Calhoun 6,606 7,341 8,578 10,438 10,576 10,225 Camden 11,334 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,412 6,672 8,063 9,103 8,991 9,228 Carroll 45,404 36,451 34,112 34,156 34,272 34,752 Catoosa 28,271 21,101 15,146 12,199 9,421 6,677 Charlton 5,680 5,313 4,821 5,256 4,381 4,536 Chatham 187,816 188,299 151,481 117,970 105,431 100,032 Chattahoochee 25,813 13,011 12,149 15,138 8,894 5,266 Chattooga 20,541 19,954 21,197 18,532 15,407 14,312 Cherokee 31,059 23,001 20,750 20,126 20,003 18,569 Clarke 65,177 45,363 36,550 28,398 25,613 26,111 Clay 3,636 4,551 5,844 7,064 6,943 5,557 Clayton 98,126 46,365 22,872 11,655 10,260 11,159 Clinch 6,405 6,545 6,007 6,437 7,015 7,984 Cobb 196,793 114,174 61,830 38,272 35,408 30,437 Coffee 22,828 21,953 23,961 21,541 19,739 18,653 Colquitt 32,298 34,048 33,999 33,012 30,622 29,332 Columbia 22,327 13,423 9,525 9,433 8,793 11,718 Cook 12,129 11,822 12,201 11,919 11,311 11,180 Coweta 32,310 28,893 27,786 26,972 25,127 29,047 Crawford 5,748 5,816 6,080 7,128 7,020 8,893 Crisp 18,087 17,768 17,663 17,540 17,343 18,914 Dade 9,910 8,666 7,364 5,894 4,146 3,918 Dawson 3,639 3,590 3,712 4,479 3,502 4,204 Decatur 22,310 25,203 23,620 22,234 23,622 31,785 DeKalb 415,387 256,782 136,395 86,942 70,278 44,051 Dodge 15,658 16,483 17,865 21,022 21,599 22,540 Dooly 10,404 11,474 14,159 16,886 18,025 20,522 Dougherty 89,639 75,680 43,617 28,565 22,306 20,063 Douglas 28,659 16,741 12,173 10,053 9,461 10,477 Early 12,682 13,151 17,413 18,679 18,273 18,983 Echols 1,924 1,876 2,494 2,964 2,744 3,313 Effingham 13,632 10,144 9,133 9,646 10,164 9,985 Elbert 17,262 17,835 18,585 19,618 18,485 23,905 Emanuel 18,357 17,815 19,789 23,517 24,101 25,862 Evans 7,290 6,952 6,653 7,401 7,102 6,594 Fannin 13,357 13,620 15,192 14,752 12,969 12,103 Fayette 11,364 8,199 7,978 8,170 8,665 11,396 Floyd 73,742 69,130 62,899 56,141 48,677 39,841 Forsyth 16,928 12,170 11,005 11,322 10,624 11,755 Franklin 12,784 13,274 14,446 15,612 15,902 19,957 Fulton 605,210 556,326 473,572 392,886 318,587 232,606 Gilmer 8,956 8,922 9,963 9,001 7,344 8,406 Glascock 2,280 2,672 3,579 4,547 4,388 4,192 Glynn 50,528 41,954 29,046 21,920 19,400 19,370 Gordon 23,570 19,228 18,922 18,445 16,846 17,736 Grady 17,826 18,015 18,928 19,654 19,200 20,306 Greene 10,212 11,193 12,843 13,709 12,616 18,972 Gwinnett 72,349 43,541 32,320 29,087 27,853 30,327 Habersham 20,691 18,116 16,553 14,771 12,748 10,730 Hall 59,405 49,739 40,113 34,822 30,313 26,822 Hancock 9,019 9,979 11,052 12,764 13,070 18,357 Haralson 15,927 14,543 14,663 14,377 13,263 14,440 Harris 11,520 11,167 11,265 11,428 11,140 15,775 Hart 15,814 15,229 14,495 15,512 15,174 17,944 Heard 5,354 5,333 6,975 8,610 9,102 11,126 Henry 23,724 17,619 15,857 15,119 15,924 20,420 Houston 62,924 39,154 20,964 11,303 11,280 21,964 Irwin 8,036 9,211 11,973 12,936 12,199 12,670 Jackson 21,093 18,499 18,997 20,089 21,609 24,654 Jasper 5,760 6,135 7,473 8,772 8,594 16,362 Jeff Davis 9,425 8,914 9,299 8,841 8,118 7,322 Jefferson 17,174 17,468 18,855 20,040 20,727 22,602 Jenkins 8,332 9,148 10,264 11,843 12,908 14,328 Johnson 7,727 8,048 9,893 12,953 12,681 13,546 Jones 12,270 8,468 7,538 8,331 8,992 13,269 Lamar 10,688 10,240 10,242 10,091 9,745 Lanier 5,031 5,097 5,151 5,632 5,190 Laurens 32,738 32,313 33,123 33,606 32,693 39,605 Lee 7,044 6,204 6,674 7,837 8,328 10,904 Liberty 17,569 14,487 8,444 8,595 8,153 12,707 Lincoln 5,895 5,906 6,462 7,042 7,847 9,739 Long 3,746 3,874 3,598 4,086 4,180 Lowndes 55,112 49,270 35,211 31,860 29,994 26,521 Lumpkin 8,728 7,241 6,574 6,223 4,927 5,240 McDuffie 15,276 12,627 11,443 10,878 9,014 11,509 McIntosh 7,371 6,364 6,008 5,292 5,763 5,119 Macon 12,933 13,170 14,213 15,947 16,643 17,667 Madison 13,517 11,246 12,238 13,431 14,921 18,803 Marion 5,099 5,477 6,521 6,954 6,968 7,604 Meriwether 19,461 19,756 21,055 22,055 22,437 26,168 Miller 6,424 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 18,956 19,652 22,528 23,261 23,620 25,588 Monroe 10,991 10,495 10,523 10,749 11,606 20,138 Montgomery 6,099 6,284 7,901 9,668 10,020 9,167 Morgan 9,904 10,280 11,899 12,713 12,488 20,143 Murray 12,986 10,447 10,676 11,137 9,215 9,490 Muscogee 167,377 158,623 118,028 75,494 57,558 44,195 Newton 26,282 20,999 20,185 18,576 17,290 21,680 Oconee 7,915 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,598 7,926 9,958 12,430 12,927 20,287 Paulding 17,520 13,101 11,752 12,832 12,327 14,025 Peach 15,990 13,846 11,705 10,378 10,268 Pickens 9,620 8,903 8,855 9,136 9,687 8,222 Pierce 9,281 9,678 11,112 11,800 12,522 11,934 Pike 7,316 7,138 8,459 10,375 10,853 21,212 Polk 29,656 28,015 30,976 28,467 25,141 20,357 Pulaski 8,066 8,204 8,808 9,829 9,005 11,587 Putnam 8,394 7,798 7,731 8,514 8,367 15,151 Quitman 2,180 2,432 3,015 3,435 3,820 3,417 Rabun 8,327 7,456 7,424 7,821 6,331 5,746 Randolph 8,734 11,078 13,804 16,609 17,174 16,721 Richmond 162,437 135,601 108,876 81,863 72,990 63,692 Rockdale 18,152 10,572 8,464 7,724 7,247 9,521 Schley 3,097 3,256 4,036 5,033 5,347 5,243 Screven 12,591 14,919 18,000 20,353 20,503 23,552 Seminole 7,059 6,802 7,904 8,492 7,389 Spalding 39,514 35,404 31,045 28,427 23,495 21,908 Stephens 20,331 18,391 16,647 12,972 11,740 11,215 Stewart 6,511 7,371 9,194 10,603 11,114 12,089 Sumter 26,931 24,652 24,208 24,502 26,800 29,640 Talbot 6,625 7,127 7,687 8,141 8,458 11,158 Taliaferro 2,423 3,370 4,515 6,278 6,172 8,841 Tattnall 16,557 15,837 15,939 16,243 15,411 14,502 Taylor 7,865 8,311 9,113 10,768 10,617 11,473 Telfair 11,394 11,715 13,221 15,145 14,997 15,291 Terrell 11,416 12,742 14,314 16,675 18,290 19,601 Thomas 34,562 34,319 33,932 31,289 32,612 33,044 Tift 27,288 23,487 22,645 18,599 16,068 14,493 Toombs 19,151 16,837 17,382 16,952 17,165 13,897 Towns 4,565 4,538 4,803 4,925 4,346 3,937 Treutlen 5,647 5,874 6,522 7,632 7,488 7,664 Troup 44,466 47,189 49,841 43,879 36,752 36,097 Turner 8,790 8,439 10,479 10,846 11,196 12,466 Twiggs 8,222 7,935 8,308 9,117 8,372 10,407 Union 6,811 6,510 7,318 7,680 6,340 6,455 Upson 23,505 23,800 25,078 25,064 19,509 14,786 Walker 50,691 45,264 38,198 31,024 26,206 23,370 Walton 23,404 20,481 20,230 20,777 21,118 24,216 Ware 33,525 34,219 30,289 27,929 26,558 28,361 Warren 6,669 7,360 8,779 10,236 11,181 11,828 Washington 17,480 18,903 21,012 24,230 25,030 28,147 Wayne 17,858 17,921 14,248 13,122 12,647 14,381 Webster 2,362 3,247 4,081 4,726 5,032 5,342 Wheeler 4,596 5,342 6,712 8,536 9,149 9,817 White 7,742 6,935 5,951 6,417 6,056 6,105 Whitfield 55,108 42,109 34,432 26,105 20,808 16,897 Wilcox 6,998 7,905 10,167 12,755 13,439 15,511 Wilkes 10,184 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,393 9,250 9,781 11,025 10,844 11,376 Worth 14,770 16,682 19,357 21,374 21,094 23,863 Total 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832

Page 1794

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 1796

GEORGIA STATE SENATE COUNTY Senatorial District Appling 4, 7 Atkinson 7 Bacon 7 Baker 10 Baldwin 25 Banks 47 Barrow 45, 48 Bartow 31, 52 Ben Hill 13 Berrien 8 Bibb 26, 27 Bleckley 19 Brantley 6 Brooks 9, 10 Bryan 3 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 30 Catoosa 54 Charlton 7 Chatham 1, 2, 3 Chattahoochee 11 Chattooga 53 Cherokee 51 Clarke 46 Clay 11 Clayton 28, 44 Clinch 7 Cobb 32, 33, 56 Coffee 8, 19 Colquitt 9 Columbia 24 Cook 8 Coweta 28, 30 Crawford 17 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41-43, 55 Dodge 19 Dooly 13 Dougherty 12, 14 Douglas 30, 31 Early 11 Echols 7 Effingham 3 Elbert 47 Emanuel 21 Evans 4 Fannin 50 Fayette 28, 34 Floyd 52 Forsyth 49, 51 Franklin 47 Fulton 34-40, 56 Gilmer 50 Glascock 21 Glynn 3, 6 Gordon 51 Grady 10 Greene 24 Gwinnett 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17, 28 Houston 18 Irwin 13 Jackson 46, 49 Jasper 25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 17 Lanier 7 Laurens 20 Lee 14 Liberty 3 Lincoln 24 Long 3, 6 Lowndes 8 Lumpkin 50 Macon 14, 18 Madison 24, 47 Marion 14 McDuffie 24 McIntosh 3 Meriwether 29 Miller 11 Mitchell 9 Monroe 27 Montgomery 20 Morgan 25, 45 Murray 54 Muscogee 15, 16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31, 56 Peach 18 Pickens 51 Pierce 7 Pike 17 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11 Richmond 22, 23 Rockdale 45 Schley 14 Screven 4 Seminole 11 Spalding 28 Stephens 47 Stewart 11 Sumter 14 Talbor 17 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 9, 13 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 26 Union 50 Upson 17 Walker 53 Walton 45 Ware 7 Warren 21, 24 Washington 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

Page 1798

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1977-1978 Name District Address Allgood, Thomas F. 22nd 712 Montrose Ct. Augusta 30904 Ballard, W. D. Don 45th 405 Haygood St. Oxford 30267 Banks, Peter L. 17th 314 Thomaston St., Barnesville 30204 Barker, Ed 18th 244 Peachtree Cir. Warner Robins 31093 Barnes, Roy E. 33rd 639 Maran Lane Mableton 30059 Bell, Robert H. Bob 5th 2535 Henderson Mill Rd., N.E. Atlanta 30345 Bond, Julian 39th 361 Westview Dr., S.W. Atlanta 30310 Brantley, Haskew H., Jr. 56th 6114 Riverside Dr., 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 1968 Waycross 31501 English, Bill 21st Rt. 6, Box 46 Swainsboro 30401 Evans, Todd 37th 2914 Natl. Bank of Ga. Bldg. Atlanta 30303 Fincher, W. W. (Bill), Jr. 54th 615 Green Rd. Chatsworth 30705 Foster, John C. 50th Box 100 Cornelia 30531 Gillis, Hugh 20th R.F.D. 3 Soperton 30457 Greene, Richard L. 26th Suite 517, First National Bank Bldg. Macon 31201 Hill, Render 29th P.O. Box 246 Greenville 30222 Holloway, Al 12th P.O. Box 588 Albany 30701 Howard, Pierre 42nd 600 First Natl. Bank Bldg. Decatur 30030 Hudgins, Floyd 15th 2440 Manchester Expressway Columbus 31904 Hudson, Perry J. 35th 3380 Old Jonesboro Road, Hapeville 30354 Johnson, Ed 34th 6510 Ashdale Dr. College Park 30349 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 277 Calhoun 30701 Lester, Jimmy 23rd 1st Federal Savings Bldg. 985 Broad Street Augusta 30902 McGill, Sam P. 24th Washington 30673 Overby, Howard T. 49th P.O. Box 636 Gainesville 30501 Paulk, James L. (Jimmy) 13th Box M Fitzgerald 31750 Pearce, H. Norwood 16th P.O. Box 2312 Columbus 31902 Reynolds, Steve 48th 297 Craig Dr. 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 Scott, Thomas R. 43rd 2887 Alameda Trail Decatur 30034 Shapard, Virginia 28th Drawer K Griffin 30224 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 Route 1 Norman Park 31771 Tate, Dr. Horace E. 38th 621 Lilla Dr., S.W. Atlanta 30310 Thompson, Joe 32nd P.O. Box 1045 Smyrna 30080 Timmons, Jimmy Hodge 11th 132 South Woodlawn St. Blakely 31723 Traylor, Mell 3rd Route 1, Box 94A1 Pembroke 31321 Turner, Loyce W. 8th 608 Howellbrook Dr. Valdosta 31601 Tysinger, James W. (Jim) 41st 3781 Watkins Place, N.E., Atlanta 30319 Walker, James Ronald (Ronnie) 19th Sweet Gum Rd., P.O. Box 461 McRae 31055 Wessels, Charles 2nd P.O. Box 8002 Savannah 31402

Page 1801

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1977-1978 District Name Address 1 John R. Riley P.O. Box 9641, Savannah 31402 2 Charles Wessels P.O. Box 8002, Savannah 31402 3 Mell Traylor Rt. 1, Box 94A1, Pembroke 31321 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 5 Robert H. Bob Bell 2535 Henderson Mill Rd., N.E., Atlanta 30345 6 Roscoe E. Dean, Jr. 612 Cherry St., Jessup 31545 7 Frank Eldridge, Jr. P.O. Box 1968, Waycross 31501 8 Loyce W. Turner 608 Howellbrook Dr., Valdosta 31601 9 Franklin Sutton Rt. 1, Norman Park 31771 10 Henry P. Russell, Jr. Rt. 1, Boston 31626 11 Jimmy Hodge Timmons 132 South Woodlawn St., Blakely 31723 12 Al Holloway P.O. Box 588, Albany 31702 13 James L. Jimmy Paulk Box M, Fitzgerald 31750 14 Hugh A. Carter P.O. Box 97, Plains 31780 15 Floyd Hudgins 2440 Manchester Expressway, Columbus 31904 16 H. Norwood Pearce P.O. Box 2312, Columbus 31904 17 Peter L. Banks 314 Thomaston St., Barnesville 30204 18 Ed Barker 244 Peachtree Cir., Warner Robins 31093 19 James Ronald Ronnie Walker Sweet Gum Rd., P.O. Box 461, McRae 31055 20 Hugh Gillis R.F.D. 3, Soperton 30457 21 Bill English Rt. 6, Box 46, Swainsboro 30401 22 Thomas F. Allgood 712 Montrose Court, Augusta 30904 23 Jimmy Lester First Federal Bldg., 985 Broad St., Augusta 30902 24 Sam P. McGill Washington 30673 25 Culver Kidd P.O. Box 370, Milledgeville 31061 26 Richard L. Greene Suite 517, First National. Bank Bldg., Macon 31201 27 W. Lee Robinson 864 Winchester Circle, Macon 31204 28 Virginia Shapard Drawer K, Griffin 30224 29 Render Hill P.O. Box 246, Greenville 30222 30 J. Ebb Duncan P.O. Box 26, Carrollton 30117 31 Nathan D. Dean 340 Wingfoot Street, Rockmart 30153 32 Joe Thompson P.O. Box 1045, Smyrna 30080 33 Roy E. Barnes 639 Maran Lane, Mableton 30059 34 Ed Johnson 6510 Ashdale Dr., College Park 30349 35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354 36 Jack L. Stephens 2484 Macon Dr., S.E., Atlanta 30315 37 Todd Evans 2914 National Bank of Ga. Bldg., Atlanta 30303 38 Dr. Horace E. Tate 621 Lilla Drive, S.W., Atlanta 30310 39 Julian Bond 361 Westview Dr., S.W., Atlanta 30310 40 Paul D. Coverdell Suite 6071447 Peachtree St., N.E., Atlanta 30309 41 James W. (Jim) Tysinger 3781 Watkins Pl., N.E., Atlanta 30319 42 Pierre Howard 600 First National Bank Bldg., Decatur 30030 43 Thomas R. Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 45 W. D. Don Ballard 405 Haygood St., Oxford 30267 46 Paul C. Broun 165 Pulaski St., Athens 30601 47 M. Parks Brown P.O. Box 37, Hartwell 30643 48 Steve Reynolds 297 Craig Dr., Lawrenceville 30245 49 Howard T. Overby P.O. Box 636, Gainesville 30501 50 John C. Foster Box 100, Cornelia 30531 51 J. Beverly Langford P.O. Box 277, Calhoun 30701 52 Sam W. Doss, Jr. P.O. Box 431, Rome 30161 53 E. G. Summers P.O. Box 499, LaFayette 30728 54 W. W. (Bill) Fincher, Jr. 615 Green Rd., Chatsworth 30705 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 56 Haskew H. Brantley, Jr. 6114 Riverside Dr., N.W., Atlanta 30328

Page 1803

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

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1977-1978 Name District Address Adams, G. D. 36 532 St. Johns Ave., S.W. Atlanta 30315 Adams, Marvin 79 709 Greenwood Road Thomaston 30286 Anderson, Wendell T., Sr. 8-Post 3 Route 4 Canton 30114 Argo, Bob 63 P.O. Box 509 Athens 30601 Auten, Dean G. 154 628 King Cotton Road Brunswick 31520 Bargeron, Emory E. 83 801 Walnut St. P.O. Box #447 Louisville 30434 Battle, Joseph A. (Joe) 124 2308 Ranchland Drive Savannah 31404 Baugh, Wilbur Edwin 108 Box 926 - Gordon Road Milledgeville 31061 Beckham, Bob 89 P.O. Box 1533 Augusta 30903 Beck, James M. 148 2427 Westwood Drive Valdosta 31601 Benefield, Jimmy W. 72-Post 2 6656 Morning Dove Pl. Jonesboro 30236 Birdsong, Kenneth (Ken) W. 103 820 Gray Hwy. Macon 31201 Bishop, Sanford D., Jr. 94 1214 1st Avenue, Suite 540, P.O. Box 709 Columbus 31902 Bolster, Paul 30 1043 Ormewood Ave., S.E., Atlanta 30316 Bray, Claude A., Jr. 70 617 Mayes Way Manchester 31816 Buck, Thomas B., III 95 P.O. Box 196 Columbus 31902 Burruss, A. L. 21-Post 2 P.O. Box 6338-A Marietta 30065 Burton, Joe 47 2598 Woodwardia Road, N.E. Atlanta 30345 Butler, Don L. 56-Post 1 2803 Norgate Ln. Decatur 30034 Canty, Mrs. Henrietta Mathis 38 2211 Cascade Rd., S.W. Atlanta 30311 Carlisle, John R. 71-Post 1 1644 South Sixth St. Griffin 30223 Carnes, Charles L. 43-Post 1 1100 Spring St., N.W., Suite 315 Atlanta 30309 Carrell, Bobby 75 RFD 2 Monroe 30655 Cason, Gary C. 96 3128 College Dr. Columbus 31907 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 Dr. Decatur 30030 Clark, Betty J. 55 2139 Flat Shoals Road, S.E. Atlanta 30316 Clark, Louie Max 13-Post 1 RFD #2 Danielsville 30633 Clifton, A. D. 107 Route 2, P.O. Box 157 Metter 30439 Coleman, Terry L. 118 1201 Fourth Ave. Eastman 31023 Collins, Marcus E., Sr. 144 Rt. 1, Box 90 Pelham 31779 Colwell, Carlton 4-Post 1 P. O. Box 6 Blairsville 30512 Connell, Jack 87 706 Montrose Ct., P.O. Box 308 Augusta 30903 Cooper, Bill 19-Post 3 2432 Powder Springs Rd., S.W. Marietta 30064 Cox, Walter E. 141 202 West St. Bainbridge 31717 Crosby, Tom, Jr. 150 310 Albany Ave. Waycross 31501 Culpepper, Bryant 98 Quail Hollow Fort Valley 31030 Daniel, G. F. (Danny), Jr. 88 1936 Walton Way Augusta 30904 Daugherty, J. C., Sr. 33 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 Davis, Burl 99 1991 Pinehill Dr. Macon 31201 Dean, Douglas C. 29 356 Arthur St., S.W. Atlanta 30310 Dent, R. A. 85 1120 Pine St. Augusta 30901 Deveaux, Clinton E. 28 1204 Life of Georgia Tower, Atlanta 30308 Dixon, Harry D. 151 1303 Coral Road Waycross 31501 Dover, Bill 11 Timbrook Hollywood 30523 Edwards, Ward 110 P.O. Box 146 Butler 31006 Elliott, Ewell H. (Hank), Jr. 49 3743 Doroco Dr. Doraville 30040 Evans, Warren D. 84 P.O. Box 670 Thomson 30824 Felton, Mrs. Dorothy 22 465 Tanacrest Drive, N.W., Atlanta 30328 Foster, Paul W. 152-Post 1 P.O. Box 679 Blackshear 31516 Foster, R. L. 6-Post 2 4899 Tibbs Bridge Rd., S.E., Dalton 30720 Galer, Mary Jane 97 7236 Lullwater Road Columbus 31904 Gammage, Lynn 17 106 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 Greene, Joel R. 138-Post 2 P.O. Box 907 Jesup 31545 Greer, John W. 43-Post 3 802 Healey Building Atlanta 30303 Ham, Benson 80 20 E. Main St. Forsyth 31029 Hamilton, Mrs. Grace T. 31 582 University Place, N.W., Atlanta 30314 Hanner, Bob 130 Route 1 Parrott 31777 Harris, B. B., Sr. 60 3028 Hwy. 120 Duluth 30136 Harris, Joe Frank 8-Post 1 712 West Avenue 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 1360 Harvard Rd., N.E. Atlanta 30306 Hays, Forest, Jr. 1-Post 2 St. Elmo R#3 Chattanooga, Tenn. 37409 Hill, Bobby L. 127 923 W. 37th St. Savannah 31401 Holmes, Bob 39 2421 Poole Road, S.W. Atlanta 30311 Horne, Frank 104 612 Georgia Power Building, Macon 31201 Horton, Gerald Talmadge 43-Post 2 1230 Healey Building 57 Forsyth St., N.W. Atlanta 30303 Housley, Eugene (Gene) 21-Post 1 3158 Canton Highway Marietta 30066 Howell, Mobley 140 800 Lakewood Dr. P.O. Box 348 Blakely 31723 Hudson, Ted 137 301 Glynn Ave. Fitzgerald 31750 Hutchinson, R. S. Dick 133 915 6th Avenue Albany 31705 Irvin, Jack 10 Route 1 Baldwin 30511 Irvin, Robert A. 23 Box 325 Roswell 30075 Isakson, Johnny 20-Post 1 970 Richmond Hill Dr. Marietta 30067 Jackson, Jerry D. 9-Post 3 P.O. Box 7275 Chestnut Mountain 30502 Jessup, Ben 117 101 Cherry St. Cochran 31014 Johnson, Gerald L. 66-Post 1 P.O. Box 815 Carrollton 30117 Johnson, Phil 74 P.O. Box 846, 1144 College St. Covington 30209 Johnson, Rudolph 72-Post 4 6126 Navaho Trail Morrow 30260 Johnston, Joe J. 56-Post 2 4334 Riverwood Circle Decatur 30035 Jones, Bill 78 P.O. Box 3933 Jackson 30233 Jones, Herbert Jr. 126 413 Arlington Rd. Savannah 31406 Kaley, Max D. 19-Post 2 260 Washington Ave. Marietta 30060 Karrh, Randolph C. 106 P.O. Drawer K. Swainsboro 30401 Kemp, Ren D. 139 P.O. Box 497 Hinesville 31313 Keyton, James W. 143 137 Woodland Dr. Thomasville 31792 Kilgore, Thomas Mac 65 1992 Tara Circle Douglasville 30135 Knight, Nathan G. 67 P.O. Box 1175 Newnan 30263 Lambert, E. R. 112 126 Washington St. Madison 30650 Lane, Dick 40 2704 Humphries Street East Point 30344 Lane, W. Jones 81 P.O. Box 484 Statesboro 30458 Lee, Wm. J. Bill 72-Post 1 5325 Hillside Dr. Forest Park 30050 Lenderman, Mike 53 1000 Montreal Road, 49-B, Clarkston 30021 Linder, John R. 44 5039 Winding Branch Dr., Dunwoody 30338 Logan, Hugh 62 1328 Prince Ave. Athens 30601 Long, Bobby 142 6th Street, N.W. P.O. Box 202 Cairo 31728 Looper, Max R. 8-Post 2 P.O. Box 57 Dawsonville 30534 Lord, Jimmy 105 P.O. Box 254 Sandersville 31082 Lucas, David E. 102 448 Woolfolk St. Macon 31201 Mann, Charles C. 13-Post 3 238 Elbert Street Elberton 30635 Marcus, Sidney J. 26 845 Canterbury Rd., N.E., Atlanta 30324 Matthews, Dorsey R. 145 Route 1 Moultrie 31768 McCollum, T. Hayward 134 701 Cordele Road Albany 31705 McDonald, Lauren (Bubba), Jr. 12 Rt. 2, Box 408A Commerce 30529 McKinney, J. E. Billy 35 765 Shorter Ter., N.W. Atlanta 30318 Milford, Billy 13-Post 2 Route 3 Hartwell 30643 Money, Jerry H. 5 RFD #3, Box 536 Summerville 30747 Mostiler, John L. 71-Post 2 1102 Skyline Dr. Griffin 30223 Mullinax, Edwin G. (Ed) 69 P.O. Drawer 1649 LaGrange 30241 Murphy, Thomas B. 18 P.O. Box 163 Bremen 30110 Murray, Bill 116 124 W. Forsyth St. Americus 31709 Nessmith, Paul E., Sr. 82 Route #4 Statesboro 30458 Nichols, Michael C. 27 903 Myrtle St., N.E. Atlanta 30309 Nix, Ken 20-Post 3 3878 Manson Ave. Smyrna 30080 Noble, Bill 48 1523 Oak Grove Road Decatur 30033 Oldham, Lucian K. 14 5 Vineland Dr. Rome 30161 Owens, Ray 77 Route 1 Appling 30802 Parham, Bobby Eugene 109 811 N. Cobb St. Medical Arts Pharmacy Milledgeville 31061 Patten, Grover C. 146-Post 1 515 S. Hutchinson Ave. Adel 31620 Patten, Robert L. 149 Route 1, Box 180 Lakeland 31635 Peters, Robert G. 2 P.O. Box 550 Ringgold 30736 Phillips, L. L. Pete 120 Box 166 Soperton 30457 Phillips, R. T. (Tom) 59 1703 Pounds Rd. Stone Mountain 30087 Phillips, W. Randolph 91 Shiloh 31826 Pilewicz, Greg 41 2307 Plantation Drive East Point 30344 Pinkston, Frank 100 850 Ga. Power Bldg. Macon 31201 Rainey, Howard H. 135 201 8th St. South Cordele 31015 Ralston, Ernest 7 P.O. Box 623 Calhoun 30701 Ramsey, Tom 3 P.O. Box 295 Chatsworth 30705 Randall, William C. (Billy) 101 P.O. Box 121 Macon 31202 Reaves, Henry L. 147 Route 2 Quitman 31643 Richardson, Eleanor L. 52 755 Park Lane Decatur 30033 Robinson, Cas 58 4720 Fellswood Drive Stone Mountain 30083 Ross, Ben Barron 76 Sunrise Drive, P.O. Box 245 Lincolnton 30817 Rowland, J. Roy 119 103 Woodridge Road Dublin 31021 Rush, Dewey D. 121 Route 4, Box 266 Glennville 30427 Russell, John D. 64 P.O. Box 588 Winder 30680 Savage, John 25 69 Inman Cir. Atlanta 30309 Scott, Al 123 859 East 31st St. Savannah 31401 Scott, David 37 190 Wendell Dr., S.E. Atlanta 30315 Sizemore, Earleen 136 Route 3 Sylvester 31791 Smith, Virlyn B., Sr. 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 Steinberg, Cathey W. 46 3231B Buford Hwy., N.E. Atlanta 30329 Stone, R. Bayne 138-Post 1 208 Hester Street Hazlehurst 31539 Swann, David J. 90 3420 Heather Dr. Augusta 30909 Taggart, Tom 125 139 Whitaker St. Savannah 31401 Thompson, Albert W. 93 P.O. Box 587 Columbus 31902 Tolbert, Tommy 56-Post 1 1569 Austin Dr. Decatur 30032 Toles, E. B. 16 Broad Street Rome 30161 Townsend, Kiliaen (Kil) V. R. 24 213 Townsend Pl., N.W. Atlanta 30327 Triplett, Tom 128 415 Cantyre St. Port Wentworth 31407 Truluck, Ronnie 86 Rt. #2, Box 190 Hephzibah 30815 Tucker, Ray Marks 73 9 Atlanta Street McDonough 30253 Tuten, James R., Jr. 153 528 Newcastle St. Brunswick 31520 Twiggs, Ralph 4-Post 2 P.O. Box 432 Hiawassee 30546 Vaughn, Clarence R., Jr. 57 981 Milstead Ave. P.O. Box 410 Conyers 30207 Veazey, Monty 146-Post 2 P.O. Box 1572 Tifton 31794 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 Watkins, Lottie Heywood 34 107 Mathewson Pl., S.W. Atlanta 30314 Watson, Roy H. (Sonny), Jr. 114 P.O. Box 1905 Warner Robins 31093 Wheeler, Bobby A. 152-Post 2 Route 1 Alma 31510 White, John 132 Route 2, Higgins Drive Albany 31707 Whitmire, Doug 9-Post 2 3666 Lamplighters Cove Gainesville 30501 Williams, Rev. Hosea L. 54 8 East Lake Dr., N.E., Atlanta 30317 Williams, Roger 6-Post 1 132 Huntington Road Dalton 30720 Williamson, George 45 3358 Rennes Dr. Atlanta 30319 Wilson, Joe Mack 19-Post 1 77 Church Street Marietta 30060 Wood, Jim 72-Post 3 5676 Sequoia Drive Forest Park 30050 Wood, Joe T. 9-Post 1 P.O. Box 736 Gainesville 30501

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1977-78 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Wayne Snow, Jr. P.O. Box 26 Rossville 30741 1-Post 2 Forest Hays, Jr. St. Elmo, Rt. 3 Chatt., Tenn. 37409 2 Robert G. Peters P.O. Box 550 Ringgold 30736 3 Tom Ramsey P.O. Box 295 Chattsworth 30705 4-Post 1 Carlton Colwell P.O. Box 6 Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 5 Jerry R. Money RFD #3, Box 536 Summerville 30747 6-Post 1 Roger Williams 132 Huntington Road Dalton 30720 6-Post 2 R. L. Foster 4899 Tibbs Bridge Rd., S.E. Dalton 30720 7 Ernest Ralston P.O. Box 623 Calhoun 30701 8-Post 1 Joe Frank Harris 712 West Avenue Cartersville 30120 8-Post 2 Max R. Looper P.O. Box 57 Dawsonville 30534 8-Post 3 Wendell T. Anderson, Sr. Route 4 Canton 30114 9-Post 1 Joe T. Wood P.O. Box 736 Gainesville 30501 9-Post 2 Doug Whitmire 3666 Lamplighters Cove Gainesville 30501 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mtn. 30502 10 Jack Irvin Route 1 Baldwin 30511 11 Bill Dover Timbrook Hollywood 30523 12 Lauren (Bubba) McDonald, Jr. Rt. 2, Box 408-A Commerce 30529 13-Post 1 Louie Max 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 Lucian K. Oldham Central Plaza Shopping Center Rome 30161 15 E. M. (Buddy) Childers 15 Kirkwood Street Rome 30161 16 E. B. Toles Broad St. Rome 30161 17 Lynn Gammage 106 North College St. Cedartown 30125 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 19-Post 1 Joe Mack Wilson 77 Church Street Marietta 30060 19-Post 2 Max D. Kaley Office: 260 Washington Ave., Marietta 30060 Home: 1554 Lancaster Drive, Marietta 30062 19-Post 3 Bill Cooper 2432 Powder Springs Rd., S.W. Marietta 30067 20-Post 1 Johnny Isakson 970 Richmond Hill Dr. Marietta 30067 20-Post 2 Carl Harrison P.O. Box 1374 Marietta 30060 20-Post 3 Ken Nix 3878 Manson Avenue Smyrna 30080 21-Post 1 Eugene (Gene) Housley 3158 Canton Highway Marietta 30066 21-Post 2 A. L. (A1) Burruss P.O. Box 6338-A Marietta 30065 22 Mrs. Dorothy Felton 465 Tanacrest Dr., N.E. Atlanta 30328 23 Robert A. Irvin Box 325 Roswell 30075 24 Kiliaen (Kil) V.R. Townsend 213 Townsend Pl., N.W. Atlanta 30327 25 John Savage 69 Inman Cir. Atlanta 30309 26 Sidney J. Marcus 845 Canterbury Road, N.E. Atlanta 30324 27 Michael C. Nichols 903 Myrtle St., N.E. Atlanta 30309 28 Clinton E. Deveaux 1204 Life of Georgia Tower Atlanta 30308 29 Douglas C. Dean 356 Arthur Street, 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, Sr. 202 Daugherty Building 15 Chestnut St., S.W. Atlanta 30314 34 Lottie Heywood Watkins 107 Mathewson Place, S.W. Atlanta 30314 35 J.E. (Billy) McKinney 765 Shorter Ter., N.W. Atlanta 30318 36 G. D. Adams 532 St. Johns Ave., S.W. Atlanta 30315 37 David Scott 190 Wendell Drive, S.E. Atlanta 30315 38 Mrs. Henrietta Mathis Canty 2211 Cascade Rd., S.W. Atlanta 30311 39 Bob Holmes 2421 Poole Road, S.W. Atlanta 30311 40 Dick Lane 2704 Humphries St. East Point 30344 41 Greg Pilewicz 2307 Plantation Drive East Point 30344 42 Virlyn B. Smith 330 Rivertown Road Fairburn 30213 43-Post 1 Charles L. Carnes 1100 Spring St., N.W.; Suite 315 Atlanta 30309 43-Post 2 Gerald Talmadge Horton 1230 Healey Building 57 Forsyth St., N.W. 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 Cathey W. Steinberg 3231-B Buford Highway N.E. 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. 3743 Doroco Drive Doraville 30040 50 John Hawkins 1360 Harvard Rd., N.E. Atlanta 30306 51 Mrs. Mobley (Peggy) Childs 520 Westchester Drive Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Mike Lenderman 1000 Montreal Rd., 49-B Clarkston 30021 54 Rev. Hosea L. Williams 8 East Lake Dr., N.E. Atlanta 30317 55 Betty J. Clark 2139 Flat Shoals Road, S.E. Atlanta 30316 56-Post 1 Don L. Butler 4080 Ballina Dr. Decatur 30034 56-Post 2 Joe J. Johnston 4334 Riverwood Circle Decatur 30035 56-Post 3 Tommy Tolbert 1569 Austin Drive Decatur 30032 57 Clarence R. Vaughn, Jr. 981 Milstead Ave. P.O. Box 410 Conyers 30207 58 Cas Robinson 4720 Fellswood Drive Stone Mountain 30083 59 R. T. (Tom) Phillips 1703 Pounds Road Stone Mountain 30087 60 B. B. Harris, Sr. 3028 Highway 120 Duluth 30136 61 Vinson Wall 120 McConnell Drive Lawrenceville 30245 62 Hugh Logan 1328 Prince Avenue Athens 30601 63 Bob Argo P.O. Box 509 Athens 30601 64 John D. Russell P.O. Box 588 Winder 30680 65 Thomas Mac Kilgore 1992 Tara Circle Douglasville 30135 66-Post 1 Gerald L. Johnson P.O. Box 815 Carrollton 30117 66-Post 2 Tom Glanton 539 North White Street 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 1649 LaGrange 30241 70 Claude A. Bray, Jr. 617 Mayes Way Manchester 31816 71-Post 1 John R. Carlisle 1644 South Sixth St. 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 30053 72-Post 2 Jimmy W. Benefield 6656 Morning Dove Pl. Jonesboro 30236 72-Post 3 Jim Wood 5676 Sequoia Drive Forest Park 30050 72-Post 4 Rudolph Johnson 6126 Navaho Trail Morrow 30260 73 Ray Marks Tucker 9 Atlanta S. McDonough 30253 74 Phil Johnson Home: Rt. 6, Hickory Lane Covington Bus.: P.O. Box 846, 1144 College St. Covington 30209 75 Bobby Carrell RFD 2 Monroe 30655 76 Ben Barron Ross Sunrise Dr. P.O. Box 245 Lincolnton 30817 77 Ray Owens Route 1 Appling 30802 78 Bill Jones P.O. Box 3933 Jackson 30233 79 Marvin Adams 709 Greenwood Road Thomaston 30286 80 Benson Ham 20 E. Main St. 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 801 Walnut St. P.O. Box 447 Louisville 30434 84 Warren D. Evans P.O. Box 670 Thomson 30824 85 R. A. Dent 1120 Pine St. Augusta 30901 86 Ronnie Truluck Rt. 2, Box 190 Hephzibah 30815 87 Jack Connell Res: 706 Montrose Ct. Augusta 30904 Mailing: P.O. Box 308 Augusta 30904 88 G. F. (Danny) Daniel, Jr. 1936 Walton Way Augusta 30904 89 Bob Beckham P.O. Box 1533 Augusta 30903 90 David J. Swann 3420 Heather Drive Augusta 30909 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 Sanford D. Bishop, Jr. 1214 1st Ave., Suite 540 P.O. Box 709 Columbus 31902 95 Thomas B. Buck, III Post Office Box 196 Columbus 31902 96 Gary C. Cason 3128 College Dr. Columbus 31907 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 98 Bryant Culpepper Quail Hollow Fort Valley 31030 99 Burl Davis 1991 Pinehill Dr. Macon 31201 100 Frank Pinkston 850 Ga. Power Bldg. Macon 31201 101 William C. (Billy) Randall P.O. Box 121 Macon 31202 102 David E. Lucas 448 Woolfolk St. Macon 31201 103 Kenneth (Ken) W. Birdsong 820 Gray Hwy. Macon 31201 104 Frank Horne 612 Ga. Power Bldg. Macon 31201 105 Jimmy Lord P.O. Box 254 Sandersville 31082 106 Randolph C. Karrh P. O. Drawer K Swainsboro 30401 107 A. D. Clifton Route 2, Box 157 Metter 30439 108 Wilbur Edwin Baugh Box 926Gordon Road Milledgeville 31061 109 Bobby Eugene Parham Medical Arts Pharmacy 811 N. Cobb St. Milledgeville 31061 110 Ward Edwards P.O. Box 146 Butler 31006 111 Don Castleberry P.O. Box 377 Richland 31825 112 E. R. Lambert 126 Washington Street Madison 30650 113 Ted W. Waddle 113 Tanglewood Drive Warner Robins 31093 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31093 115 Larry Walker P.O. Box 1234 Perry 31069 116 Bill Murray 124 W. Forsyth St. Americus 31709 117 Ben Jessup 101 Cherry Street Cochran 31014 118 Terry L. Coleman 1201 4th Avenue Eastman 31023 119 J. Roy Rowland 103 Woodridge Rd. 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 Al Scott 859 East 31st St. Savannah 31401 124 Joseph A. (Joe) Battle 2308 Ranchland Drive Savannah 31404 125 Tom Taggart 139 Whitaker Street Savannah 31401 P.O. Box 9012 Savannah 31402 126 Herbert Jones, Jr. 413 Arlington Road Savannah 31406 127 Bobby L. Hill 923 W. 37th St. Savannah 31401 128 Tom Triplett 415 Cantyre St. Port Wentworth 31407 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 Rt. 2, Higgins 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 Joel R. Greene P.O. Box 907 Jesup 31545 139 Ren D. Kemp P.O. Box 497 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. P.O. Box 202 Cairo 31728 143 James W. Keyton 137 Woodland Drive Thomasville 31792 144 Marcus E. Collins, Sr. Route 1, Box 90 Pelham 31779 145 Dorsey R. Matthews Route 1 Moultrie 31768 146-Post 1 Grover C. Patten 515 S. Hutchinson Ave. Adel 31620 146-Post 2 Monty Veazey P.O. Box 1572 Tifton 31794 147 Henry L. Reaves Route 2 Quitman 31643 148 James M. Beck 2427 Westwood Drive Valdosta 31601 149 Robert L. Patten Route 1, Box 180 Lakeland 31635 150 Tom Crosby, Jr. Hm.: 705 Wacona Dr., Bus.: 310 Albany Ave. 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 James R. Tuten, Jr. 528 Newcastle St. Brunswick 31520 154 Dean G. Auten 628 King Cotton Road Brunswick 31520

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STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1976 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 1976 26 2 24 TOTALS 832 42 42 748

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REFERENDUM ELECTIONS1953-1976 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For 4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For 1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn 648 Cherokee 2668 Certain County Officerscompensation 11-2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12-9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2-6-54 For1406 Agn 603 Crisp 2407 City of Cordele 10-5-54 City vote: For202; Agn132 County vote: For 23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn 164 McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 City of Americus 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11-2-54 For 161 Agn 626

Page 1825

Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5-4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton Fulton 2884 City of College Park 5-14-55 For 46 Agn 13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. 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

Page 1827

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For107 (1 of 2) Agn58 Baldwin 2865 City of Milledgeville 10-15-56 For463 (1 of 2) Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For13 Agn103 Carroll 2797 City Court of Carrollton 11- 6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton Fulton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10- 1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultire Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For 99; Agn 57 [UNK] Area 2-Colonial Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area vote: Area 4-East Moultrie Area: For 41; Agn147 [UNK] Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] 2932 DeKalb City Court of Decatur 5-16-56 For 12,520 3237 Agn 5,846 DeKalb Multiple commission form of government 5-16-56 For 18,393 (1 of 2) 3237 Agn 2,001 DeKalb Commission Chairman 5-16-56 For:(a) 4,743 (1 of 2) 2022 For:(b) 15,300 Fayette Tax Commissioner 2-25-56 For 292 3507 Agn 37 Glascock Sheriffcompensation 3-14-56 For 498 2502 Agn 227 Gwinnett Tax Commissioner 11- 6-56 For 3,383 3166 Agn 1,641 Hall City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 City of Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area: For 365; Agn 400 Thomas 3159 Certain County Officerscompensation 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41, Agn 159 Troup 3078 City of Hogansville 7-18-56 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

Page 1830

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 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18

Page 1832

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11-4-58 For 932 Agn 717 Barrow 2338 City of Winder 6-4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11-4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5-7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5-7-58 For 223 Agn 37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Clayton Fulton 2721 City of College Park 6-3-58 For 738 Agn 340 Clayton Fulton 2453 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0 Agn 0 Clayton Fulton 3212 City of East Point 7-16-58 For 63 Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2- City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4- 1-58 For 925 Agn 169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote: For669; Agn43 Outside City: For333; Agn286 Tift 2930 City of Tifton 5- 7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 White 3224 County Commissioners Not held

Page 1836

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4- 4-59 For 1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb Douglas 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For 14 Agn 15 Colquitt 2396 City of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6- 8-59 For 1413 Agn 710 Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For 1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4- 8-59 For 1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For 502 Agn 75 Meriwether Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For 4388 Agn 1624 Toombs 2010 County Commissioners 4- 8-59 For 1510 Agn 827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For 810 Agn 1629

Page 1839

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For 1197 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466 Agn 418 Bibb 3223 Macon-Bibb County 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For276 Agn 522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For 320 Agn 146 Douglas Cobb 2118 City of Austell 3-26-60 For 27 Agn 38 Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For 32; Agn 62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3- 9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For 6 Agn 0 Fulton Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County Officerscompensation 4-28-60 For 822 Agn 835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11- 8-60 For4059 Agn 959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn 1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 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 1843

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 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Board of County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 County Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245 Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

Page 1846

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 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed area: For 13; Agn44 In City Tennille: For139; Agn58 Wayne 3110 Board of County Commissioners 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21

Page 1849

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For 511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissioner 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1- 8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842 Dougherty 3630 City of Albany 7-29-63 For 1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For 1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For 1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6- 5-63 For 3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For 1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For 1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For 1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For 1281 Agn 130

Page 1852

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For124 Agn61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4-8-64 For174 Agn394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn613 Cook 2093 County Commissioners 3-4-64 For2003 Agn1612 Dodge 2954 City of Empire 6-2-64 For55 Agn71 Fulton 2478 City of Union City 5-8-64 For214 Agn279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For90 Agn4 Hancock 2088 Certain County Officerscompensation 4-22-64 For251 Agn64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For61 Agn43 Outside: For0 Agn7 Hart 2028 Board of Finance 9-9-64 Question A: 1,246 Question B: 873 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 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn 285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn 298 Walker 2643 Fire Prevention Districts 2-15-65 For 246 Agn 41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11-3-64 For 933 Agn 863

Page 1855

Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For 464 Agn 529 Barrow 2347 City of Winder 9-9-64 For 507 Agn 372 Cobb 2075 Board of County Commissioners 7-8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville 9-2-64 For 200 Agn 410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12-2-64 For 216 Agn 32

Page 1856

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; Agn 7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn 6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For 92 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 1858

Georgia Laws, 1966: County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11-8-66 For 1004 Agn 704 Bartow 2144 City of Adairsville 4-2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4-2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 Agn 1148 Bulloch 2316 City of Statesboro 11-8-66 For 265 Agn 183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn- 151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For 162 Agn 58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5-4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn 603

Page 1860

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 For 59 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 1863

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 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11- 5-68 For 2,042 Agn 1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Education 5- 1-68 For 971 Agn 1,104 Decatur 2756 City of Bainbridge 6- 5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498 Agn 686 Echols 3514 County Board of Education 11- 5-68 For 457 Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405 Agn 633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For 756 Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11- 5-68 For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448 Agn 298 Macon 2663 Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Education 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Education 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Education 11- 5-68 For 812 Agn 1,377 Rabun 2272 Board of County Commissioners 4-9-68 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 1867

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 For 15 Agn 130 Tract No. 2 For 40 Agn 103 Effingham 3964 City of Guyton 6- 4-69 For 128 Agn 179 Fannin 2637 Tax Commissioner 11- 3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11- 3-70 For 1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For 1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For 2134 Agn 694 County vote: For 38 Agn 205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11- 3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For 15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For 12,379 Agn 2,778 Muscogee County: For12,508 Agn 2,989 Pickens 3066 County School Superintendent 7- 2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For 290 Agn 403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For 271 Agn 82 Pulaski County: For 35 Agn 162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For795 Agn447 Seminole 2590 Small Claims Court of Seminole County 6-4-69 For221 Agn175 Stewart 2264 County Board of Education 5-14-69 For91 Agn12 Telfair 3641 County Board of Education 8-26-69 For277 Agn437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For645 Agn578 Proposed Area: For433 Agn499 Toombs 3241 City of Lyons 6-25-69 For3 Agn0 Toombs 3244 City of Lyons 6-25-69 For2 Agn34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For84 Agn11 Walker 4014 City of Rossville 7-5-69 For118 Agn293

Page 1871

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 For 383 Agn1701 Emanuel 2153 County Board of Education 4- 7-70 Proposal #11389 Proposal #2539 Proposal #3 173 Gordon 2657 County Board of Education 9- 9-70 For1798 Agn 868 Habersham 3091 City of Cornelia 5-20-70 For 166 Agn 42 Habersham 3094 City of Cornelia 5-20-70 For 121 Agn 88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11- 3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For 520 Agn 402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For 83 Agn 60 Outside City: For 3 Agn 32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn 350 Monroe 3030 County Board of Education 11- 3-70 For 815 Agn 503 Murray 2365 City of Chatsworth 5- 9-70 For 133 Agn 260 Peach 2647 County Board of Education 6-10-70 For 544 Agn 198 Pulaski 2880 Fire Protection Districts 5-19-70 For 142 Agn 140 Spalding 2651 City of Griffin 11- 3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5- 5-70 For 822 Agn1743 Stephens 2436 County Board of Education 5- 5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For 269 Agn 123 Thomas 3369 Board of County Commissioners 5-26-70 For 920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For 11 Agn 0 Harris County For 15 Agn 0 City West Point For 83 Agn 3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11- 3-70 For807 Agn1113 Washington 3104 County Board of Education 6- 3-70 For 439 Agn 537

Page 1874

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For 395 Agn 219 Bibb 3926 County Board of Education 11- 2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For 115 Agn 289 Brooks 2892 County Board of Education 6- 9-71 For 215 Agn 526 Brooks 3278 City of Quitman 6-15-71 For 82 Agn 259 Burke 3328 City of Waynesboro 6-15-71 For 74 Agn 16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For 335 Agn 1,427 Decatur 2649 County Board of Education 4-29-71 For 766 Agn 496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For 713 Agn 547 Gilmer 3471 County Board of Education 6-16-71 For 107 Agn 90 Glynn 3550 City of Brunswick 6-15-71 For 102 Agn 266 Grady 2967 County School Superintendent 7-20-71 For 625 Agn 1,049 Gwinnett 3613 City of Duluth 6- 7-71 For 1 Agn 35 Gwinnett 4042 City of Duluth 6- 7-71 For 1 Agn 46 Gwinnett 4047 City of Duluth 6- 7-71 For 6 Agn 73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For 675 Agn 713 Houston 3580 City of Warner Robins 2-29-72 For 694 Agn 734 Jones 3396 County Board of Education 5-26-71 For 656 Agn 543 Lamar 2710 County Board of Education, etc. 5-14-71 For 999 Agn 540 Lee 3976 City of Leesburg 7- 6-71 Present City limits For 14 Agn 72 Proposed City limits For 1 Agn 14 Mitchell 2017 City of Pelham 4-21-71 For 408 Agn 26 Monroe 3071 County Commissioners 11- 7-72 For 540 Agn 1,319 Monroe 3381 County Commissioners 11- 7-72 For 572 Agn 1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For 285 Agn 137 Pierce 2492 Ordinary 11- 7-72 For 768 Agn 540 Pierce 2496 Sheriff 11- 7-72 For 813 Agn 477 Pierce 2888 County CommissionerChrm. 11- 7-72 For 683 Agn 642 Pike 3686 City of Zebulon 6-19-71 For 52 Agn 23 Polk 3708 City of Rockmart 10- 2-71 For 586 Agn 254 Polk 3770 City of Aragon 6- 2-71 For 133 Agn 85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For 5,834 Agn10,779 City of Augusta For 6,415 Agn 6,481 Stephens 3118 County Board of Education, etc 6-22-71 For 1,403 Agn 1,855 Telfair 3448 Board of County Commissioners 7-20-71 For 441 Agn 700 Tift 2722 County Board of Education 6- 9-71 For 1,430 Agn 404 Tift 2795 County CommissionersChrm. 6- 9-71 For 1,663 Agn 273 Turner 2021 Personnel for Sheriff 4-27-71 For 427 Agn 915 Wayne 2678 Sheriff and Clerk Superior Court 11- 7-72 Sec. 1: For 1,324 Agn 931 Sec. 2: For 1,456 Agn 898 Wayne 2715 County Board of Education 8- 8-72 For 403 Agn 1,730 Bibb 2136 Board of Public Education 11- 2-71 For10,399 Agn 4,022 DeKalb 2154 City of Doraville 12- 1-71 For 441 Agn 127 Haralson 2200 County Board of Education 1-12-72 For 284 Agn 1,043

Page 1878

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8- 8-72 For 1,309 Agn 708 Baldwin 3325 County Board of Education 11- 7-72 For 2,708 Agn 2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For 3 Agn 10 Sec. 2, Area 2 For 13 Agn 65 Sec. 3, Area 3 For 1 Agn 50 Sec. 4, Area 4 For 30 Agn 78 Sect. 5, Area 6 For 35 Agn 155 Sec. 6, Area 7 For 16 Agn 20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 ------- ------- 9,581 12,104 City of Macon * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 ------- ------- 10,177 15,531 Bibb County Brantley 3141 Board of County Commissioners 8- 8-72 For 1,387 Agn 921 Brantley 3144 Salary increase for county officers 8- 8-72 For 940 Agn 1,377

Page 1879

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Brantley 3145 Salary of deputy sheriffs 8- 8-72 For 1,262 Agn 1,059 Brantley 3147 Certain county officers compensation 8- 8-72 For 1,220 Agn 983 Brantley 3148 Clerk Superior Court Salary 8- 8-72 For 841 Agn 1,396 Brantley 3710 City of Nahunta 12- 5-73 Election Results not known Camden 3138 Certain county officers salary 8- 8-72 Demo. For 701 Agn 1,109 Rep. For 0 Agn 1 Camden 3705 Create Board of County Commissioners 8- 8-72 Demo. For 679 Agn 1,070 Rep. For 1 Agn 0 Camden 3714 Compensation of Tax Commissioner 8- 8-72 Demo. For 654 Agn 1,114 Rep. For 0 Agn 1 Camden 3717 County Board of Education 8- 8-72 Demo. For 683 Agn 1,050 Rep. For 1 Agn 0 Camden 3770 Small Claims Court of Camden County 8- 8-72 Demo. For 926 Agn 801 Rep. For 1 Agn 0 Chatham 3019 Savannah-Chatham County government 4-10-73 Not held * * Ga. L. 1973, p. 2268 changed date of election. City of Savannah Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5- 9-72 For 20,074 Agn 7,595 Chatham 3116 Savannah-Chatham County Board of Education 5- 9-72 For 8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8- 8-72 Demo. For 2,455 Agn 2,274 Rep. For 2 Agn 2 Decatur 3288 Board of County Commissioners 5-23-72 For 668 Agn 2,687 Dodge 2329 City of Eastman 4-27-72 For 474 Agn 1,117 Dodge 3339 County Board of Education 8- 8-72 For 914 Agn 858 Douglas 3997 County Board of Education 5-16-72 For 400 Agn 620 Elbert 2479 Board of County Commissioners 8- 8-72 For 1,583 Agn 3,036 Fayette 3438 Board of County Commissioners 11- 7-72 For 668 Agn 3,138 Fayette 3435 Abolish office of county treasurer 11- 7-72 For 1,499 Agn 2,210 Floyd 3300 Abolish State Court Floyd County 11- 7-72 For 6,911 Agn 4,674 Forsyth 2065 Board of county commissioners 4-19-72 For 551 Agn 386 Gwinnett 4058 County Board of Education 5-17-72 For 989 Agn 924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8- 8-72 For 1,410 Agn 616 Heard 2113 Board of county commissioners 5- 3-72 For 756 Agn 732 Henry 2090 State Court of Henry County 4-19-72 For 570 Agn 1,943 Henry 2104 Board of County Commissioners 4-19-72 For 407 Agn 2,070 Houston 2399 County Board of Education 8- 8-72 For 2,853 Agn 6,462 Jeff Davis 2760 County Board of Education 8- 8-72 For 829 Agn 511 Laurens 4099 County Board of Education 8- 8-72 For 3,185 Agn 1,103 Lowndes 2696 Ordinarycompensation 11- 7-72 For 3,533 Agn 1,995 Lowndes 2701 Tax Commissionercompensation 11- 7-72 For 3,622 Agn 1,885 Lowndes 2706 Clerk Superior Courtcompensation 11- 7-72 For 3,463 Agn 2,254 McDuffie 2538 County Board of Education 6- 8-72 For 305 Agn 61 McIntosh 2849 City of Darien 6-16-72 City of Darien For 86 Agn 62 Dist. No. 271 For 7 Agn 73 Total: For 93 Agn 135 McIntosh 2852 City of Darien 11- 7-72 Not Held Macon 2322 Board of county commissioners 4-26-72 For 608 Agn 882 Madison 2547 County Board of Education 11- 7-72 For 1,060 Agn 1,785 Madison 2972 Appt. of county school superintendent 11- 7-72 For 921 Agn 2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For 688 Agn 2,648 Peach 3910 City of Fort Valley 6-14-72 For 440 Agn 1,351 Pike 3003 County Board of Education 5-16-72 For 402 Agn 142 Pulaski 3244 Board of County Commissioners 5-23-72 For 399 Agn 939 Putnam 2678 County Board of Education 8- 8-72 For 1,262 Agn 831 Putnam 3833 City of Eatonton 6-13-72 For 118 Agn 28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For 452 Agn 121 Telfair 4102 County Board of Education 6-20-72 For 564 Agn 365 Thomas 3343 Create Board of County Commissioners 5-16-72 For 1,885 Agn 3,278 Tift 2908 City of Tifton 5- 3-72 For 247 Agn 498 Treutlen 2340 County Board of Education 5- 9-72 For 688 Agn 233 Treutlen 2345 Board of County Commissioners 5- 9-72 For 715 Agn 221 Walker 2647 County Board of Education 11- 7-72 For 6,373 Agn 2,129 Walton 3006 City of Social Circle 5-31-72 For 51 Agn 49 Whitfield 4017 City of Tunnell Hill 5-16-72 For 114 Agn 159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For 177 Agn 1,042 Wilkinson 3312 Appt. of County School Superintendent 11- 7-72 For 348 Agn 901 Wilkinson 333 County Board of Education 11- 7-72 For 654 Agn 608

Page 1884

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 Yes 533 No 45 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 Agn 4,090 Chatham 3693 City Savannah Beach 6-2-73 Yes 21 No 29 Clarke 2356 City of Athens 5-31-73 For1,818 Agn1,591 Clarke 2367 City of Athens 5-31-73 For2,430 Agn1,057 Clarke 2387 City of Athens 5-31-73 For 648 Agn 682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes 412 No 52 Cook 2300 Cook County Commissioners 5-22-73 For 758 Agn 735 Greene 3853 Greene County Board of Education 8-13-74 * 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 Yes 37 No 191 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 Yes 225 No 256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes 808 No 191 Stewart 3152 City of Lumpkin 6-12-73 Yes 97 No 173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes 322 No 228

Page 1886

Georgia Laws 1974, January/February session: County Page No. SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11-5-74 # # Date of General Election. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11-5-74 # Yes: 741 No. 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No. 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No. 883 Chatham 2305 City of Savannah Beach-Tybee Island 4-1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11-5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11-5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11-5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11-5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6-8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No. 303 Lowndes 2311 Town of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 City Vote (3 elections held on same date) 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 # Yes: 434,559 No: 363,947 8-8-72 Date State Wide Primary Election. 11-7-72 Date General Election. *** Common Day of Rest Act results tabulated infra.

Page 1888

GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186 COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7,477 11,596 Rockdale 1,811 2,032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2,867 3,258 Stephens 698 1,673 Stewart 183 329 Sumter 1,119 1,925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1,062 Thomas 1,315 2,173 Tift 940 1,716 Toombs 975 1,640 Towns 535 247 Treutlen 333 630 Troup 2,550 3,831 Turner 334 870 Twiggs 427 696 Union 1,330 548 Upson 2,145 2,115 Walker 2,104 2,264 Walton 1,397 1,786 Ware 1,363 1,910 Warren 173 364 Washington 1,035 2,037 Wayne 660 1,118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2,030 2,274 Wilcox 239 759 Wilkes 439 1,531 Wilkinson 395 765 Worth 423 1,203 TOTAL

Page 1890

End of Listing for: Georgia Laws 1974, Jan./Feb. Session. Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.

Page 1891

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 * * Date of Presidential Preference Primary Yes: 3,870 No: 10,942 Clarke 2779 City of Athensgovernment functions 5-21-75 For: 858 Agn: 989 Decatur 4087 Hospital Authority 8-10-76 # # Date of General Primary Yes: 2,155 No: 527 DeKalb 2752 County Board of Education Districts-terms 5- 4-76 * For: 29,643 Agn: 41,355 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 * Yes: 748 No: 926 Hall 3574 Board of County Commissioners 8-10-76 # Yes: 8,951 No: 3,890 * * This Act ruled invalid by U.S. Justice Department on August 18, 1975. 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

Page 1892

Georgia Laws, 1975, January/February Session: County Page No. SUBJECT Date of Election Result 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 * * 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 (This election act was on a population basis and affects only Chatham County) 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 1893

Georgia Laws, 1976, January/February Session: County Page No. SUBJECT Date of Election Result Bacon 2713 Co. Brd. of Education and Co. School Superintendent. 5- 4-76 * * Same date as Presidential Preference Primary Election (May 4, 1976) Proposal No. 1 389 Proposal No. 2 131 Proposal No. 3 568 Baldwin 3278 City of Milledgevillecharter amendment 5- 4-76 * Yes: 772 No: 583 Baldwin 3282 City of Milledgevillecharter amendment #1 5- 4-76 * Yes: 718 No: 609 City of Milledgevillecharter amendment #2 Yes: 289 No: 1,045 Bartow 4090 City of Euharleecharter amendment 5-15-76 Yes: 34 No: 8 Bibb 3818 Macon-Bibb Co. consolidated government 5-4 -76 * City Vote Yes: 8,149 No: 11,522 County vote Yes: 8,825 No: 16,209 Bryan 3288 City of Richmond Hillcharter amendment 6-29-76 Yes: 199 No: 8 Camden 2831 Tax Commissionersalary 11- 2-76 ** ** Same date as November 2, 1976 General Election Not Held Carroll 4479 Co. Brd. of Education and Co. School Superintendent. 11- 2-76 ** Yes: 3,105 No: 3,868 Chattooga 2694 Board of Co. Commissioners created 5- 4-76 * Yes: 970 No: 2,297 Clayton 3974 City of Mountain Viewabolish charter Not Held Cobb 3656 City of Powder Springsabolish charter 9-11-76 Yes: 331 No: 455 DeKalb 2809 Intoxicating beverages sold on Sunday 5- 4-76 * For: 52,761 Agn: 30,442 Fayette 3398 Brd. Co. Commissionersincrease membership 5- 4-76 * Yes: 1,984 No: 1,512 Glynn 4027 Co. Brd. of Educationnew districts, election 5- 4-76 * Yes: 3,752 No: 4,746 Grady 3162 Co. Brd. of Educationcompensation members 5- 4-76 * Yes: 444 No: 1,259 Habersham 2798 Co. Brd. of Educationcreated 5- 4-76 * Yes: 2,244 No: 876 Habersham 2803 Co. School Superintendent appointed 5- 4-76 * Yes: 940 No: 1,951 Long 3536 Co. Brd. of Educationcreated 1 1 This Act was declared unconstitutional by decision of Federal Court. 5- 4-76 * For: 490 Agn: 172 Long 3321 Small Claims Court created 5- 4-76 * Yes: 114 No: 527 Lumpkin 3945 Co. Brd. of Education and Co. School Superintendent 5- 4-76 * Yes: 678 No: 917 Newton 3402 Board of County Commissionersdistricts 5- 4-76 * Yes: 2,980 No: 1,387 Newton 3505 Co. Brd. of Educationelection districts 5-25-76 Yes: 3,227 No: 1,167 Oconee 3935 Co. School Superintendentappointed 11- 2-76 ** Yes: 1259 No: 1863 Richmond 4297 Augusta-Richmond County unified government 5- 4-76 * Yes: 11,027 No: 13,417 Proposition #1 Question #1 15,801 Question #2 6,005 Proposition #2 Question #1 9,404 Question #2 10,302 Ware 2811 County Manager 5-4-76 * Yes: 2,194 No: 2,838 Warren 3660 Brd. Co. Commissionersmultimember board 11-2-76 ** Yes: 802 No: 352 This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1895

STATUS OF ELECTIONS HELD FOR YEARS 1975-1976 FOR GEORGIA RETAILER'S AND CONSUMERS' SALE AND USE TAX ACT (Ga. L. 1975, p. 984; Ga. L. 1976, p. 1019) Year No. of Elections Held No. Ratified No. Defeated County City County City County City 1975 33 3 16 2 17 1 1976 14 1 8 1 6 TOTAL 47 4 24 3 23 1 1975 Local Option Sales and Use Tax of 1% 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

Page 1896

1976 County Date of Election Result Yes: No: Gordon March 16, 1976 1,206 1,886 Ware March 16, 1976 1,399 1,813 Wayne April 7, 1976 644 2,854 Meriwether May 4, 1976 1,578 1,615 Emanuel July 20, 1976 529 1,396 Hall August 10, 1976 6,876 6,497 Fannin November 2, 1976 2,075 2,070 Taylor November 2, 1976 1,086 817 Peach November 2, 1976 2,190 1,423 Houston December 14, 1976 1,674 4,762 Crisp December 14, 1976 829 700 Dooly December 14, 1976 602 402 Candler December 15, 1976 388 386 Harris December 21, 1976 570 209 City and County Date of Election Result Yes: No: Macon (Bibb County) August 10, 1976 11,164 8,402

Page 1897

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, a new Constitution was published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 2, 1976; and WHEREAS: The number of votes cast for and against the new Constitution voted on in the General Election held November 2, 1976, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the new Constitution are as follows: IN FAVOR OF RATIFICATION AGAINST RATIFICATION 610,516 394,734 NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed new Constitution, published in the same manner as proposed general Constitutional Amendments, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 2, 1976, be and the same is the Constitution of the State of Georgia of 1976, effective on January 1, 1977. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol in the City of Atlanta on this the 22nd day of December, 1976.

Page 1898

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, twenty-seven (27) general Constitutional Amendments were published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 2, 1976; and WHEREAS: The number of votes cast for and against the twenty-seven (27) general Constitutional Amendments voted on in the General Election held on November 2, 1976, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certification is attached hereto and by reference is made a part hereof. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed general Constitutional Amendments numbered 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27 and 28 on the ballot, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 2, 1976, are a part of the Constitution of the State of Georgia. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1977. FURTHER: I do further proclaim that the proposed general Constitutional Amendment numbered 21 on the Ballot, not having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 2, 1976, is not a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol in the City of Atlanta on this the 21st day of December, 1976.

Page 1899

GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 2, 1976 FOR AGAINST 1. H.R. 462-1226 Res. Act 112 (Ga. L. 1976 P. 1198) Shall the proposed new Constitution be ratified as the Constitution of the State of Georgia? 610,516 394,734 2. H.R. 493-1322 Res. Act 175 (Ga. L. 1976 P. 1785) Shall the Constitution be amended so as to allow a Governor to succeed himself for one four-year term? 772,441 425,208 3. S.R. 313 Res. Act 169 (Ga. L. 1976 P. 1770) Shall the Constitution be amended so as to provide for the removal of disabled Executive Officers? 816,814 222,235 4. S.R. 307 Res. Act 168 (Ga. L. 1976 P. 1767) 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? 662,061 307,373 5. H.R. 398-1215 Res. Act 118 (Ga. L. 1976 P. 1755) Shall the Constitution be amended so as to authorize the governing authority of any county or municipality, subject to the approval 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? 552,458 425,052 6. S.R. 284 Res. Act 167 (Ga. L. 1976 P. 1765) Shall the Constitution be amended so as to authorize local governments to exempt solar energy equipment from ad valorem property taxes until 1986? 652,976 335,159 7. H.R. 69-291 Res. Act 197 (Ga. L. 1976 P. 1862) 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? 652,464 316,700 8. H.R. 122-477 Res. Act 17 (Ga. L. 1975 P. 1689) Shall the Constitution be amended so as to authorize the Secretary of State to grant corporate charters and powers to persons who wish to form corporations? 582,572 373,631 9. H.R. 200-856 Res. Act 22 (Ga. L. 1975 P. 1696) Shall the Constitution be amended so as to delete therefrom the provisions pertaining to the Board of Corrections and substituting in lieu thereof a Board of Offender Rehabilitation? 579,421 345,546 10. H.R. 77-310 Res. Act 14 (Ga. L. 1975 P. 1683) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to the death of a law enforcement officer, fireman or prison guard killed in the line of duty in an amount not to exceed $50,000? 686,135 322,815 11. H.R. 73-310 Res. Act 13 (Ga. L. 1975 P. 1682) Shall the Constitution be amended so as to require sheriffs to meet minimum standards and training required by general law? 909,760 126,268 12. H.R. 555-1531 Res. Act 204 (Ga. L. 1976 P. 1878) 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? 734,829 275,091 13. S.R. 25 Res. Act 2 (Ga. L. 1975 P. 1666) Shall the Constitution be amended so as to provide for a five-member State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration in lieu of the present State Personnel Board? 559,037 364,823 14. H.R. 465-1248 Res. Act 94 (Ga. L. 1976 P. 1749) 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 action? 495,021 420,548 15. H.R. 8-48 Res. Act 9 (Ga. L. 1975 P. 1673) Shall the Constitution be amended so as to authorize any county, municipality or subdivision to invest sinking funds held by it to pay off bonded indebtedness in accounts and certificates fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation? 600,339 305,606 16. S.R. 116 Res. Act 7 (Ga. L. 1975 P. 1670) Shall the Constitution be amended so as to authorize counties, municipalities and political subdivisions of the State to obtain federal community disaster loans pursuant to the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288)? 737,269 196,236 17. S.R. 71 Res. Act 165 (Ga. L. 1976 P. 1762) 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 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? 620,456 317,918 18. S.R. 97 Res. Act 226 (Ga. L. 1976 P. 1924) 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? 650,117 253,727 19. S.R. 82 Res. Act 114 (Ga. L. 1976 P. 1753) 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? 652,480 284,593 20. H.R. 464-1247 Res. Act 202 (Ga. L. 1976 P. 1874) Shall the Constitution be amended so as to provide that certain bingo games operated by nonprofit organizations shall be legal in Georgia? 645,536 463,291 21. H.R. 226-896 Res. Act 91 (Ga. L. 1976 P. 1748) 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? 402,077 478,129 22. S.R. 42 Res. Act 164 (Ga. L. 1976 P. 1761) 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? 751,261 240,896 23. H.R. 494-1333 Res. Act 203 (Ga. L. 1976 P. 1876) 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? 706,828 261,358 24. H.R. 803-2013 Res. Act 161 (Ga. L. 1976 P. 1759) 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? 627,197 295,862 25. H.R. 196-841 Res. Act 199 (Ga. L. 1976 P. 1865) 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? 728,440 220,912 26. S.R. 96 Res. Act 6 (Ga. L. 1975 P. 1668) Shall the Constitution be amended so as to amplify and provide for the regulation of outdoor advertising and junk yards and the acquisition of property necessary to such regulation and for the establishment of roadside rest and recreation areas adjacent to the Federal-Aid Highway System? 742,670 204,785 27. S.R. 112 Res. Act 166 (Ga. L. 1976 P. 1764) 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? 760,475 191,242 28. H.R. 276-1073 Res. Act 27 (Ga. L. 1975 P. 1705) Shall the Constitution be amended so as to create the East Point Business and Industrial Development Authority and to provide for the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of East Point and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of East Point to contract with the Authority and to authorize the City of East Point to create special taxing districts and to levy taxes in said special taxing districts and to expend tax monies derived from said special taxing districts and to authorize the City of East Point to levy taxes and expend tax monies of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of East Point? 448,343 361,992

Page 1905

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, local Constitutional Amendments were published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 2, 1976; and WHEREAS: The number of votes cast for and against local Constitutional Amendment Number 56 voted on in the General Election held November 2, 1976, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certification is attached hereto and by reference is made a part hereof. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed local Constitutional Amendment Number 56, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 2, 1976 is a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol in the City of Atlanta on this the 4th day of November, 1976, and of the Independence of the United States of America, the Two Hundred and First. FOR AGAINST 56. S.R. 377 Res. Act 172 (Ga. L. 1976 P. 1776) DODGE COUNTY 2,614 740 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?

Page 1906

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, local Constitutional Amendments were published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 2, 1976; and WHEREAS: The number of votes cast for and against the local Constitutional Amendments voted on in the General Election held on November 2, 1976, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certification is attached hereto and by reference is made a part hereof. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed local Constitutional Amendments numbered 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 52, 53, 54, 55, 57, 58, 59, 60, 61, 63, 64, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 93, 94 and 95 on the ballot, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 2, 1976, are a part of the Constitution of the State of Georgia. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1977. FURTHER: I do further proclaim that the proposed local Constitutional Amendments numbered 47, 48, 51, 62, 65, 66 and 92 on the ballot, not having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 2, 1976, are not a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol in the City of Atlanta on this the 22nd day of December, 1976, and of the Independence of the United States of America, the Two Hundred and First.

Page 1907

FOR AGAINST 29. H.R. 59-242 Res. Act 12 (Ga. L. 1975 P. 1680) BARROW COUNTY City of Auburn 237 32 Shall the Constitution be amended so as to grant a $2,000 homestead exemption from municipal taxes to the residents of the Town of Auburn? 30. H.R. 810-2037 Res. Act 190 (Ga. L. 1976 P. 1827) BIBB COUNTY 9,685 7,574 City of Macon 7,455 6,234 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 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? CATOOSA COUNTY AND WALKER COUNTY 31. H.R. 812-2048 Res. Act 191 (Ga. L. 1976 P. 1831) Catoosa County 3,853 3,688 City of Fort Oglethorpe (In Catoosa County) 751 602 City of Fort Oglethorpe (In Walker County) 3 1 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? 32. H.R. 777-1959 Res. Act 223 (Ga. L. 1976 P. 1916) CHATHAM COUNTY 15,997 5,639 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 taxes, except school taxes, for a period of five years following their establishment or addition? 33. S.R. 163 Res. Act 8 (Ga. L. 1975 P. 1672) CHATTOOGA COUNTY 2,565 827 Shall the Constitution be amended so as to provide that fees, costs and fines collected by the Tax Commissioner of Chattooga County from the Board of Education of Chattooga County shall be the property of the Board of Education of Chattooga County? 34. H.R. 205-871 Res. Act 23 (Ga. L. 1975 P. 1698) and CLARKE COUNTY City of Athens 4,340 1,693 Shall the Constitution be amended so as to provide for the establishment of a Downtown Athens Development Authority and to provide for the powers, duties, and responsibilities of said Authority? 35. H.R. 754-1946 Res. Act 221 (Ga. L. 1976 P. 1912) 36. H.R. 595-1632 Res. Act 181 (Ga. L. 1976 P. 1797) CLAYTON COUNTY 17,683 11,605 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? 37. H.R. 717-1847 Res. Act 215 (Ga. L. 1976 P. 1898) COBB COUNTY 36,310 22,093 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? 38. H.R. 722-1877 Res. Act 218 (Ga. L. 1976 P. 1904) COBB COUNTY 49,140 3,530 Cobb County School District 44,447 12,333 Shall the Constitution be amended so as to exclude certain retirement, survivor or disability benefits in determining eligibility for the homestead exemption of $6,000.00 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable year? 39. H.R. 541-1498 Res. Act 177 (Ga. L. 1976 P. 1789) COBB COUNTY City of Marietta 5,115 1,073 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? 40. H.R. 311-1165 Res. Act 201 (Ga. L. 1976 P. 1872) COBB COUNTY City of Marietta 3,503 2,789 Shall the Constitution be amended so as to authorize the governing authority of the City of Marietta to provide for an increase in retirement benefits of retired employees of said city? COBB COUNTY 41. H.R. 733-1881 Res. Act 219 (Ga. L. 1976 P. 1908) City of Powder Springs 567 32 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? COBB COUNTY 42. S.R. 317 Res. Act 227 (Ga. L. 1976 P. 1929) City of Smyrna 3,400 460 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? 43. S.R. 361 Res. Act 171 (Ga. L. 1976 P. 1773) COLQUITT COUNTY 2,886 2,571 City of Moultrie 2,191 1,452 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? 44. H.R. 584-1569 Res. Act 178 (Ga. L. 1976 P. 1792) COLUMBIA COUNTY 3,291 2,014 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? 45. H.R. 128-535 Res. Act 19 (Ga. L. 1975 P. 1692) COWETA COUNTY 4,533 2,777 Shall the Constitution be amended so as to authorize the Board of Education of Coweta County to enter into leases, contracts and lease purchase agreements for a term not exceeding 30 years for land, buildings, equipment, or facilities or any combination thereof, to be used for public purposes? 46. H.R. 208-885 Res. Act 24 (Ga. L. 1975 P. 1700) COWETA COUNTY 4,220 2,927 Shall the Constitution be amended so as to provide that in order to encourage and enhance overall economic development, increase employment, promote industry and commerce, and provide incentives for the location of new (and the expansion of existing) manufacturing, processing, storage and transhipment facilities, the governing authority of Coweta County or of any municipal corporation within Coweta County shall have the power to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Coweta County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Coweta County and stored therein for shipment outside the State. Such property shall not be exempt from State ad valorem taxation? 47. H.R. 271-1056 Res. Act 26 (Ga. L. 1975 P. 1704) COWETA COUNTY 3,573 3,893 Shall the Constitution be amended so as to authorize the abolition of justice courts and the office of the justice of the peace and of notary public ex-officio justice of the peace in Coweta County, and to establish in lieu thereof a small claims court? 48. H.R. 23-130 Res. Act 10 (Ga. L. 1975 P. 1675) COWETA COUNTY City of Newnan 1,127 1,588 Shall the Constitution be amended so as to provide for the establishment of a Downtown Newnan Development Authority and to provide for the powers, duties, and responsibilities of said Authority? 49. H.R. 144-606 Res. Act 20 (Ga. L. 1975 P. 1693) CRISP COUNTY 1,983 1,550 Shall the Constitution be amended so as to authorize the County of Crisp to issue revenue anticipation obligations under certain conditions and without an election for electric generation, transmission and distribution systems? 50. H.R. 156-662 Res. Act 21 (Ga. L. 1975 P. 1695) DeKALB COUNTY 90,308 39,779 Shall the Constitution be amended so as to authorize the governing authority of DeKalb County to contract with private firms for garbage and solid waste collection and disposal? 51. S.R. 393 Res. Act 174 (Ga. L. 1976 P. 1783) DeKALB COUNTY 57,470 65,224 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? 52. H.R. 626-1720 Res. Act 182 (Ga. L. 1976 P. 1798) DeKALB COUNTY 73,704 49,252 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? 53. H.R. 808-2034 Res. Act 189 (Ga. L. 1976 P. 1825) DeKALB COUNTY 89,115 35,114 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? 54. H.R. 590-1591 Res. Act 206 (Ga. L. 1976 P. 1882) DeKALB COUNTY 89,780 33,523 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? 55. H.R. 302-1107 Res. Act 200 (Ga. L. 1976 P. 1869) DeKALB COUNTY AND FULTON COUNTY City of Atlanta (In DeKalb County) 2,170 1,798 City of Atlanta (In Fulton County) 42,467 29,771 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 one year and bond payments due that year in any year of the issue which includes the guarantee? 57. H.R. 498-1333 Res. Act 176 (Ga. L. 1976 P. 1787) DODGE COUNTY 1,765 955 Shall the Constitution be amended so as to provide that in order to encourage and enhance overall economic development, increase employment, promote industry and commerce, and provide incentives for the location of new (and the expansion of existing) manufacturing, processing, storage and transhipment facilities, the governing authority of Dodge County or of any municipal corporation within Dodge 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 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? 58. H.R. 864-2084 Res. Act 195 (Ga. L. 1976 P. 1854) DOUGHERTY COUNTY City of Albany 8,917 5,533 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? 59. H.R. 27-144 Res. Act 11 (Ga. L. 1975 P. 1677) DOUGLAS COUNTY 6,977 1,866 Shall the Constitution be amended so as to provide for a procedure for the recall of the clerk of the Superior Court, Judge of the Probate Court, Sheriff, Tax Commissioner, Coroner or members of the Board of Education of Douglas County? 60. H.R. 804-2013 Res. Act 187 (Ga. L. 1976 P. 1821) ECHOLS COUNTY 301 86 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 County Court of Echols County and to provide for the compensation of said officer until otherwise provided by law? 61. H.R. 596-1634 Res. Act 207 (Ga. L. 1976 P. 1883) FAYETTE COUNTY 3,625 2,008 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? 62. H.R. 857-2077 Res. Act 193 (Ga. L. 1976 P. 1850) FAYETTE COUNTY 2,136 3,758 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? 63. H.R. 616-1693 Res. Act 209 (Ga. L. 1976 P. 1887) FLOYD COUNTY 12,574 4,537 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? 64. H.R. 594-1620 Res. Act 180 (Ga. L. 1976 P. 1796) FORSYTH COUNTY 2,787 2,031 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, other than elected officials, whose wages or salaries are paid in whole or in part from the funds of Forsyth County? 65. H.R. 791-1986 Res. Act 224 (Ga. L. 1976 P. 1918) FORSYTH COUNTY 2,216 2,610 City of Cumming 824 753 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? 66. H.R. 793-1995 Res. Act 225 (Ga. L. 1976 P. 1920) FORSYTH COUNTY 1,424 3,408 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, 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 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? 67. H.R. 81-345 Res. Act 198 (Ga. L. 1976 P. 1864) FULTON COUNTY 75,225 45,466 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? 68. H.R. 586-1577 Res. Act 205 (Ga. L. 1976 P. 1880) FULTON COUNTY 80,844 35,815 Shall the Constitution be amended so as to authorize and empower the governing authority of Fulton County to adopt 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? 69. H.R. 622-1708 Res. Act 211 (Ga. L. 1976 P. 1890) GLYNN COUNTY 7,047 3,004 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? 70. H.R. 707-1819 Res. Act 214 (Ga. L. 1976 P. 1896) GLYNN COUNTY 4,913 4,369 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? 71. H.R. 753-1946 Res. Act 220 (Ga. L. 1976 P. 1910) HALL COUNTY (excluding City of Gainesville) 10,967 3,142 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? 72. H.R. 718-1859 Res. Act 216 (Ga. L. 1976 P. 1900) HENRY COUNTY 4,527 2,475 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 therein for shipment outside the State. Such property shall not be exempt from State ad valorem taxation? 73. H.R. 719-1868 Res. Act 217 (Ga. L. 1976 P. 1902) HENRY COUNTY 4,854 2,523 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? 74. H.R. 592-1620 Res. Act 179 (Ga. L. 1976 P. 1794) HOUSTON COUNTY 10,473 3,226 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? 75. H.R. 550-1518 Res. Act 99 (Ga. L. 1976 P. 1752) HOUSTON COUNTY 9,006 4,053 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 $200.000 to $500.00? 76. H.R. 117-445 Res. Act 16 (Ga. L. 1975 P. 1687) HOUSTON COUNTY City of Perry 1,533 438 Shall the Constitution be amended so as to exclude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00 from ad valorem taxes levied by the City of Perry? 77. H.R. 795-1995 Res. Act 186 (Ga. L. 1976 P. 1819) JEFFERSON COUNTY 2,103 389 Shall the Constitution be amended so as to encourage economic development and to promote the orderly development of Georgia's mineral resources by exempting certain capital improvements of mineral-processing and primary metal establishments from ad valorem taxes levied by Jefferson County, with the exception of school taxes, for a period of five years? 78. H.R. 888-2096 Res. Act 196 (Ga. L. 1976 P. 1860) LAURENS COUNTY City of Dublin 1,752 1,246 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? 79. S.R. 381 Res. Act 173 (Ga. L. 1976 P. 1781) LIBERTY COUNTY 601 437 Shall the Constitution be amended so as to change the provisions relating to the membership of the Liberty County Industrial Authority? 80. H.R. 806-2034 Res. Act 188 (Ga. L. 1976 P. 1823) LIBERTY COUNTY 549 438 Shall the Constitution be amended so as to change the provisions relating to the membership of the Liberty County Industrial Authority? 81. H.R. 229-910 Res. Act 25 (Ga. L. 1975 P. 1702) LOWNDES COUNTY 4,567 2,861 Shall the Constitution be amended so as to exempt real property of historical interest and importance, lying within Lowndes County, from ad valorem taxes when such property is owned by nonprofit civic, community, educational, literary or charitable organizations? 82 H.R. 615-1693 Res. Act 208 (Ga. L. 1976 P. 1885) LOWNDES COUNTY City of Hahira 213 37 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? 83. H.R. 721-1868 Res. Act 184 (Ga. L. 1976 P. 1812) MITCHELL COUNTY City of Camilla 741 408 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? 84. H.R. 349-1192 Res. Act 28 (Ga. L. 1975 P. 1724) MUSCOGEE COUNTY 15,978 9,434 Shall the Constitution be amended so as to provide that in order to encourage and enhance overall economic development, increase employment, promote industry and commerce, and provide incentives for the location of new (and the expansion of existing) manufacturing, processing, storage and transhipment facilities, the governing authority of Columbus-Muscogee County or any municipal corporation within Muscogee County shall have the power to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Muscogee County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Muscogee County and stored therein for shipment outside the State. Such property shall not be exempt from State ad valorem taxation? 85. H.R. 755-1946 Res. Act 222 (Ga. L. 1976 P. 1913) MUSCOGEE COUNTY 21,130 5,079 Shall the Constitution be amended so as to increase the amount of each homestead of each resident of Muscogee County, 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? 86. H.R. 109-434 Res. Act 15 (Ga. L. 1975 P. 1684) NEWTON COUNTY 3,341 1,733 Shall the Constitution be amended so as to authorize the General Assembly to prescribe by law applicable to Newton County the time for making levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form and content of tax bills and notices, the time for payment of taxes and other charges, either in installments or in one sum, the time default shall occur, and the manner in which tax payments shall be apportioned in Newton County; and to authorize the General Assembly to delegate certain such powers? 87. H.R. 776-1959 Res. Act 185 (Ga. L. 1976 P. 1817) PAULDING COUNTY 2,975 2,136 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 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? 88. H.R. 127-523 Res. Act 18 (Ga. L. 1975 P. 1690) PEACH COUNTY 1,806 870 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Peach County shall have jurisdiction from two hundred dollars to five hundred dollars? 89. H.R. 620-1699 Res. Act 210 (Ga. L. 1976 P. 1888) PIERCE COUNTY 704 341 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? 90. S.R. 342 Res. Act 170 (Ga. L. 1976 P. 1771) SPALDING COUNTY 4,317 2,967 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 business? 91. H.R. 706-1815 Res. Act 183 (Ga. L. 1976 P. 1810) SPALDING COUNTY 4,410 3,015 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? 92. H.R. 625-1720 Res. Act 213 (Ga. L. 1976 P. 1893) UPSON COUNTY 1,509 2,375 City of Thomaston 1,847 956 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 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? 93. H.R. 859-2081 Res. Act 194 (Ga. L. 1976 P. 1851) WARE COUNTY 4,515 1,489 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? 94. H.R. 623-1708 Res. Act 212 (Ga. L. 1976 P. 1892) WAYNE COUNTY 2,127 1,788 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? 95. H.R. 846-2071 Res. Act 192 (Ga. L. 1976 P. 1849) WHITFIELD COUNTY 5,546 5,134 Shall the Constitution be amended so as to authorize the General Assembly to create by law a Small Claims Court for Whitfield County?

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For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State